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Attorneys/Judges
| Prosecutor(s): | Steve Wagstaffe | | Defense(s): | Dana Mendelson | | Judge(s): | Barbara Mallach |
CONVICTED: Was justice served?
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Case #13374 Rating: 1.6 out of 5
Dog kicked to death for soiling bed
Redwood City, CA (US)Incident Date: Thursday, Mar 6, 2008
County: San Mateo
Charges: Felony CTA
Disposition: Convicted
Defendant/Suspect: Ariel Alcides Aspedilla
Case Updates: 7 update(s) available
A man who allegedly kicked his girlfriend's Chihuahua to death after it soiled their bed in Redwood City as they slept in it was arrested Thursday [March 13, 2008] on suspicion of animal cruelty, authorities said.
Ariel Aspedilla, 26, of Manteca was arrested after Chiquita, a 4-year-old female, died at an animal hospital, San Mateo County prosecutors said.
Aspedilla spent the night of March 6 with his girlfriend at her apartment and awoke to find that Chiquita had defecated and urinated on the bed, prosecutors said.
Enraged, he kicked the dog four or five times, said Steve Wagstaffe, chief deputy district attorney.
Chiquita suffered five broken ribs, punctured lungs, a damaged liver and blood loss, authorities said. Aspedilla and his girlfriend brought the dog to Sequoia Veterinary Hospital in Redwood City, where a doctor tried unsuccessfully to resuscitate it, Eva Fillyaw, a hospital manager, said.
Aspedilla was consoling his weeping girlfriend and appeared eager to accept the doctor's initial diagnosis that Chiquita might have an immune-system problem that was causing blood loss, Fillyaw said.
But a necropsy revealed the broken ribs as well as previous signs of abuse, Fillyaw said. "It's sickening," she said.
Aspedilla is being held at San Mateo County Jail in lieu of $50,000 bail and is scheduled to appear in a Redwood City courtroom on March 14, 2008.
Case UpdatesThe Manteca man accused of kicking his girlfriend's Chihuahua severely for soiling the couple's bed pleaded no contest to one felony count of animal abuse in return for time served.
Ariel Aspedilla, 26, changed his plea in return for an immediate sentence of nine months jail with credit for time served. Aspedilla is also forbidden from owning or participating in activities involving animals.
Aspedilla's defense attorney previously tried having the case dismissed outright, arguing prosecutors allowed the animal's body to be destroyed before testing by defense experts. The request was denied and now Aspedilla faces up to three years incarceration if convicted of killing Chiquita, a female Chihuahua mix.
Around 8:30 a.m. March 6, according to prosecutors, Aspedilla awoke at his girlfriend's Redwood City apartment to discover her female Chihuahua mix dog, Chiquita, had defecated and urinated on the bed as they slept.
Aspedilla reportedly became so enraged he kicked the dog four or five times. The dog sustained five broken ribs, punctured lungs and liver and a substantial blood loss, according to the necropsy.
Animal cruelty cases can be charged as either felonies or misdemeanors. The stiffer convictions are more difficult to attain because the penal code requires demonstrated maliciousness and intent.
Aspedilla has been in custody in lieu of $50,000 bail. | Source: San Mateo Daily Journal - Sep 9, 2008
Update posted on Sep 9, 2008 - 11:23AM |
A Manteca man accused of kicking his girlfriend's Chihuahua severely for soiling the couple's bed is headed to trial after a judge denied his attorney's argument prosecutors allowed the animal's body to be destroyed before testing by defense experts.
Without the chance to evaluate the body of Chiquita, a female Chihuahua mix, it is impossible to prove exactly why the dog died, according to defense attorney Dana Mendelson.
Mendelson asked Judge Barbara Mallach to dismiss felony animal abuse charges against Ariel Aspedilla and vacate the pending Sept. 18 jury trial. She declined, in part based on the finding that the Peninsula Humane Society does not have the same duty as a law enforcement agency to retain evidence.
The dog's body was stored at the Peninsula Humane Society and decomposed, said Chief Deputy District Attorney Steve Wagstaffe.
Typically, his office releases all bodies - human and animal - in criminal cases to next of kin or owners within days, he said.
After performing a necropsy, PHS keeps an animal only as long as directed by the District Attorney's Office, said spokesman Scott Delucchi.
In Chiquita's case, the necropsy was performed by a private veterinarian whose suspicion sparked PHS's involvement and the criminal charges, Delucchi said.
He referred further comment on the case to the District Attorney's Office but said a necropsy can typically only be performed, making what further tests might be requested unclear.
Around 8:30 a.m. March 6, according to prosecutors, Aspedilla awoke at his girlfriend's Redwood City apartment to discover her female Chihuahua mix dog, Chiquita, had defecated and urinated on the bed as they slept.
Aspedilla reportedly became so enraged he kicked the dog four or five times. The dog sustained five broken ribs, punctured lungs and liver and a substantial blood loss, according to the necropsy.
Animal cruelty cases can be charged as either felonies or misdemeanors. The stiffer convictions are more difficult to attain because the penal code requires demonstrated maliciousness and intent.
If convicted of the felonies, Aspedilla faces up to three years in prison.
The District Attorney's Office has received hundreds of e-mails urging strong prosecution of the case.
Aspedilla remains in custody in lieu of $50,000 bail. | Source: San Mateo Daily Journal - Aug 1, 2008
Update posted on Aug 1, 2008 - 11:03AM |
Felony animal charges against a man accused of kicking his girlfriend's Chihuahua to death should be dismissed because prosecutors allowed the animal's body to be destroyed, according to the defense.
Defense attorney Dana Mendelson plans to argue July 31 for the dismissal of charges against her client Ariel Alcides Aspedilla. Mendelson could not be reached for comment but during a pretrial conference yesterday she indicated her motion was based on the unavailability of the female Chihuahua mix named Chiquita.
Mendelson reportedly wants the dog's remains to have her own experts determine the cause of death.
The dog's body was stored at the Peninsula Humane Society and decomposed, said Chief Deputy District Attorney Steve Wagstaffe.
Typically, his office releases all bodies - human and animal - in criminal cases to next of kin or owners within days, he said.
"Based on her theory, we should keep bodies preserved for years until trials are resolved," Wagstaffe said.
After performing a necropsy, PHS keeps an animal only as long as directed by the District Attorney's Office, said spokesman Scott Delucchi.
In Chiquita's case, the necropsy was performed by a private veterinarian whose suspicion sparked PHS's involvement and the criminal charges, Delucchi said.
He referred further comment on the case to the District Attorney's Office but said a necropsy can typically only be performed, making what further tests might be requested unclear.
Around 8:30 a.m. March 6, according to prosecutors, Aspedilla awoke at his girlfriend's Redwood City apartment to discover her female Chihuahua mix dog, Chiquita, had defecated and urinated on the bed as they slept.
Aspedilla reportedly became so enraged he kicked the dog four or five times. The dog sustained five broken ribs, punctured lungs and liver and a substantial blood loss, according to the necropsy.
Aspedilla, 26, of Manteca, has pleaded not guilty and will plead his case to a jury this fall.
Animal cruelty cases can be charged as either felonies or misdemeanors. The stiffer convictions are more difficult to attain because the penal code requires demonstrated maliciousness and intent.
If convicted of the felonies, Aspedilla faces up to three years in prison.
The District Attorney's Office has received hundreds of e-mails urging strong prosecution of the case.
Aspedilla remains in custody in lieu of $50,000 bail and returns to court Sept. 18 for jury trial. | Source: San Mateo Daily Journal - Jul 16, 2008
Update posted on Jul 16, 2008 - 1:05PM |
A San Mateo County Superior Court judge ruled Wednesday that enough evidence exists to try a Manteca man accused of kicking his girlfriend's dog to death, breaking five of the pet's ribs while punting the animal some 6 feet into a bedroom wall.
Ariel Aspedilla, 26, has been charged with two felony charges of animal cruelty for the alleged March 6 attack on Chiquita, a 10-pound Chihuahua and miniature Doberman pinscher mix.
The five-year-old dog died because Aspedilla was upset that she had wet the bed in the morning, prosecutors said. Chiquita, who also suffered a punctured lung and liver, was allegedly kicked several times.
The dog's owner, 22-year-old Elyssa Palmer, testified against Aspedilla, her boyfriend, during a preliminary hearing Wednesday, telling the court she "didn't have time to take Chiquita out to go potty like I usually do." Shortly after Palmer left for work, Aspedilla called her to say that Chiquita had urinated on the bed and that he had swatted the dog onto the floor, Palmer said.
Palmer told the judge she immediately drove home, where she found Chiquita "kind of limp" and "lifeless" on a pile of bed sheets in the bathroom.
"I picked her up and I started crying," Palmer said. "I then asked him, 'What happened? What did you do?'" Palmer, who is a nanny to a 3-year-old girl, said she gathered the girl, Aspedilla and Chiquita into her car and began a frantic search for a veterinary hospital.
By the time the three arrived at the Sequoia Veterinary Hospital, Chiquita was either dead or dying, veterinarian Jill York said.
"I saw (Chiquita) take one agonal breath, which is a deep ragged type of breath that either precedes death or is shortly thereafter," York said.
A necropsy determined that the dog had died of internal bleeding caused by a "sharp" and "severe" blow to the ribs, the veterinarian said.
Suspecting animal cruelty, the veterinary hospital contacted the Peninsula Humane Society & SPCA, humane society spokesman Scott Delucchi said. Investigators with the humane society later interviewed Aspedilla, who admitted to kicking the dog, Delucchi said.
According to Palmer, who said outside of court that she visits regularly with her boyfriend in jail and is pregnant with his child, Aspedilla admitted he had kicked Chiquita the day of the alleged attack.
"He was beside himself, he called me crying," Palmer said. "He was sad and remorseful before he got incarcerated.
"I try to tell people, 'You don't know this man like I do,'" she said. "He is very family oriented; he has a dog of his own "... I forgive him. I can't live with hate and nonforgiveness."
Meanwhile, the San Mateo County district attorney's office has received close to 500 e-mails from county residents and individuals all over the country urging prosecutors to punish Aspedilla to the fullest extent of the law, said Chief Deputy District Attorney Steve Wagstaffe.
"We agree quite a bit with much of the sentiment we're getting," Wagstaffe said. "This was a small, defenseless animal. Not that it's right to kick a German shepherd or a Great Dane, but here's a 6-foot guy kicking a small animal that couldn't defend itself against him."
"From what we understand from the veterinarian, this dog suffered," he added. "Yes, we are in concurrence with much of what the public has been saying."
Aspedilla, who remains in custody in lieu of $50,000 bail, faces up to three years in prison. He is expected to return to the Hall of Justice on May 22 for his arraignment. | Source: San Mateo County Times - May 7, 2008
Update posted on May 23, 2008 - 12:41PM |
The 26-year-old Manteca man accused of kicking his Redwood City girlfriend's Chihuahua to death because the dog soiled their bed will learn in May if he'll stand trial for felony animal abuse.
Ariel Alcides Aspedilla appeared Wednesday for a Superior Court review conference but his attorney announced his intention not to settle the case prior to a trial, said Chief Deputy District Attorney Steve Wagstaffe.
Instead, Aspedilla, who has already pleaded not guilty to two counts of felony animal abuse, returns to court May 7 for a preliminary hearing. If convicted, Aspedilla faces up to three years in prison.
Around 8:30 a.m. March 6, according to prosecutors, Aspedilla awoke at his girlfriend's Redwood City apartment to discover her female Chihuahua mix dog, Chiquita, had defecated and urinated on the bed as they slept.
Aspedilla reportedly became so enraged he kicked the dog four or five times. The dog sustained five broken ribs, punctured lungs and liver and a substantial blood loss, according to a necropsy following her death.
The Peninsula Humane Society said it sees about three cases annually of similar severity.
Animal cruelty cases can be charged as either felonies or misdemeanors. The stiffer convictions are more difficult to attain because the penal code requires demonstrated maliciousness and intent.
Aspedilla has one prior misdemeanor case, filed in September 2003, in San Mateo County, according to court records.
He remains in custody in lieu of $50,000 bail. | Source: San Mateo County Journal - Mar 27, 2008
Update posted on Mar 27, 2008 - 12:05PM |
The 26-year-old Manteca man accused of kicking his Redwood City girlfriend's Chihuahua to death because the dog soiled their bed returns to court next week to set a date to learn if he'll stand trial for felony animal abuse.
Ariel Alcides Aspedilla has pleaded not guilty to two counts and yesterday was ordered back to court March 26 for a Superior Court Review conference and to set a preliminary hearing. If convicted, Apsedilla faces up to three years in prison.
Around 8:30 a.m. March 6, according to prosecutors, Aspedilla awoke at his girlfriend's Redwood City apartment to discover her female dog, Chiquita, had defecated and urinated on the bed as they slept.
Aspedilla reportedly became so enraged he kicked the dog four or five times. The dog sustained five broken ribs, punctured lungs and liver and a substantial blood loss, according to a necropsy following her death.
The Peninsula Humane Society said it sees about three cases annually of similar severity.
Animal cruelty cases can be charged as either felonies or misdemeanors. The stiffer convictions are more difficult to attain because the penal code requires demonstrated maliciousness and intent.
Aspedilla has one prior misdemeanor case, filed in September 2003, in San Mateo County, according to court records.
Aspedilla remains in custody in lieu of $50,000 bail. | Source: San Mateo Daily Journal - March 20, 2008
Update posted on Mar 21, 2008 - 3:06PM |
A man arrested on suspicion of kicking his girlfriend's Chihuahua to death pleaded not guilty Friday to two felony animal cruelty charges that could land him in prison for up to six years.
Chief Deputy District Attorney Steve Wagstaffe said prosecutors decided to file charges against Ariel Aspedilla, 26, based on the viciousness of the attack on 4-year-old Chiquita.
"There were at least four or five kicks," he said. "This was an extremely angry attack. That dog suffered before it expired."
Prosecutors say the 6-foot-1-inch Aspedilla allegedly broke five of the dog's ribs and punctured her lungs and liver. The girlfriend was at work at the time, Wagstaffe said.
Chiquita died after Aspedilla brought her to a Redwood City veterinary hospital. Aspedilla was being held on $50,000 bail. | Source: Examiner.Com - March 15, 2008
Update posted on Mar 15, 2008 - 3:16PM |
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