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Case ID: 13633
Classification: Throwing
Animal: rabbit (pet)
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Animals thrown, video posted on MySpace
Anaheim, CA (US)

Incident Date: Monday, Jul 16, 2007
County: Orange

Charges: Misdemeanor
Disposition: Alleged
Case Images: 3 files available

Alleged: Joseph Anthony Deiss

Case Updates: 1 update(s) available

A 19-year-old man who was wanted on six counts of animal cruelty and who had a $10,000 warrant out for his arrest – because of a video posted on MySpace that depicts animals being mistreated – appeared in court today after he turned himself in this morning [April 17, 2008]. The video shows a man swinging a pug by its legs and repeatedly throwing a rabbit several feet in the air, only to let it crash to the ground.

Joseph Anthony Deiss, of Anaheim, walked into the North Justice Center in Fullerton and surrendered to authorities about 9 a.m., said Anaheim police Sgt. Rick Martinez.

Shortly before noon, Deiss appeared in front of Superior Court Judge George Berenson during an arraignment hearing in a fourth-floor courtroom.

Public Defender Ray Dinari pointed out to Judge Berenson that Deiss turned himself in.

"Mr. Deiss has no prior record," Dinari said. "He has been raised in the community and is not a risk of flight and not a danger to society."

After reading the arrest warrant, Judge Berenson said: "It's pretty hard to view this as minimal or nonserious. It involves animals dying and animals being paralyzed with broken backs," he said. "Any person should know better."

Bail was set at $10,000 and Deiss was taken into custody by the Orange County Sheriff's Department. A pretrial hearing has been set for May 8.

Deiss was accompanied by his father. Both declined to comment.

The charges were filed after a 14-minute video, showing a man abusing a pug that he calls Precious and two rabbits, was uncovered last month [March 2008] by representatives of the People for the Ethical Treatment of Animals.

The video was reported to the Orange County District Attorney's Office, and three misdemeanor counts of animal cruelty and three misdemeanor counts of animal abuse by a caretaker, meaning the animals were pets, were filed last week, said Farrah Emami, a spokeswoman for the Orange County District Attorney's Office.

If convicted, Deiss could face a maximum sentence of three years in jail.

"Law enforcement can't be everywhere at once," said Farrah Emami, a spokeswoman for the Orange County District Attorney's Office. "We appreciate when the community or community organizations work as the eyes and the ears for crimes like these and bring them to the attention of law enforcement."

PETA officials sent a letter to Orange County District Attorney Tony Rackauckas expressing outrage at the mistreatment of several rabbits and a dog, and urging prosecutors to seek jail time in the case against Deiss.

PETA is also asking prosecutors ask that Deiss, if convicted of animal cruelty, be banned for life, as allowed by California law, from owning or harboring animals and that authorities seize any animals he has.

"The viciousness shown in abusing these animals must not go unpunished," said PETA cruelty caseworker Kristin DeJournett. "Orange County residents have reason to be concerned. According to leading mental health professionals and law enforcement agencies, perpetrators of violent acts against animals are often repeat offenders who pose a serious threat to all animals, including humans."

The video, which authorities allege was produced by Deiss, was recorded in the back yard of an acquaintance's home in Yorba Linda and the pug, Precious, belonged to the homeowners, Emami said. The video, which has since been removed from MySpace, was sent by Deiss to at least one friend in July 2007. It shows a person who identifies himself as Deiss naming two small rabbits Peter and Ginger and caressing them, saying, "We'll be good friends for ever and ever."

Set to an '80s soundtrack, the video shows a man officials say is Deiss hurling the rabbits across a back yard, swinging the pug by the legs and then smashing the dog to the ground, and throwing a rabbit about 15 feet over his head and then letting the animal fall to the ground. The video also shows Deiss throwing Precious up in the air, causing the animal to flip over several times before landing, and throwing a ball at two dogs and a rabbit, hitting the rabbit as the animal tried to run for cover.

After the video shows several minutes of activity in the back yard, a red banner scrolling across the video reads, "It had been a long day and Joey and the bunnies were tired. So Joey found them a cage." The video shows the man who authorities believe is Deiss putting the rabbit called Ginger in a small cage, but then moving her to a smaller cage, telling her she would be more comfortable. He puts the rabbit in a larger cage and the camera zooms in on a large snake in the cage. The rabbit sits in the corner as the camera follows the snake as it makes its way to the rabbit and grabs it, squeezing the life out of the small animal.

A voice in the background can be heard saying: "Ginger. Oh, no. There's a snake in there. Ginger. What a bummer. I didn't even realize it."

The video zooms in on the eyes of the rabbit in the clutches of the snake.

"And they all lived happily ever after," begins the credits of the video. "No snakes were harmed in the making of the video. Producer Joey Deiss. Editer (sic) Joey Deiss. Fillmed (sic) by Joey Deiss. Snakes owned by Joey Deiss. Special thanks to Joey Deiss."

Also mentioned in the credits are special appearances by bunnies Peter and Ginger, Precious the Puppy and snakes Bonny and Clyde.

And according to the credits, the production was the work of the "Ideas by Joey Deiss."

Pictures posted on Photobucket, an Internet photo sharing site, show a grinning Deiss holding a small brown rabbit upside down by the back feet. According to Deiss' MySpace profile, "Jo 'E' is bummed that he still might go to prison." Despite a warrant for his arrest, Deiss was online throughout Wednesday night. His MySpace profile shows a picture of Deiss holding a large snake.

Deiss attended Army and Navy Academy, a military preparatory boarding school for middle school through high school boys in Carlsbad. According to his profile on Facebook, Deiss lists among his favorite activities snake hunting, playing piano and keyboard at least four hours a day and "Fire is sometimes fun, if it's HUGE and in moderation."

Among one of the posts on his Facebook page is "I admit I am a pyro … now can I have my matches and lighter fluid back?"

"Mental health professionals and top law enforcement officials consider cruelty to animals to be a red flag," DeJournett wrote in her letter to the District Attorney's Office. "The American Psychiatric Association identifies cruelty to animals as one of the diagnostic criteria for conduct disorders, and the FBI uses reports of these crimes in analyzing the threat potential of suspected and known criminals."

"Experts agree that it is the severity of the behavior – not the species of the victim – that matters."


Case Updates

A Yorba Linda man pleaded not guilty Thursday to six misdemeanor counts of animal cruelty stemming from footage -- posted on a Web site and turned over to prosecutors by activists.

A 14-minute videotape shows Joseph Anthony Deiss on camera with small dogs and rabbits. What he is accused of doing to the animals has the 19-year-old now facing animal-cruelty charges.

"The defendant is accused of taking two bunnies and a pug puppy and launching them into the air one at a time and allowing them to crash into the ground," said Farrah Emami, OCDA spokesperson.

The video was posted on the Web site MySpace.com. Many parts of the video are very disturbing.

Underneath the video scrolls it says "High Flyer," right before he repeatedly throws a rabbit 15 feet in the air until it crashes to the ground. A pug is then spun around by its hind legs over and over again.

Two dogs and two rabbits are hit a number of times by a kick ball. Deiss appears to pump his arms in victory afterward.

The video was uncovered by the group PETA last month and it was turned over to authorities.

"His actions are deplorable and must not go unpunished," said Michelle Cho, PETA spokesperson.

Officials say the alleged abuse happened June 2007, in the backyard of a home in Yorba Linda.

"Animal cases are very sensitive because everyone can relate to what it's like to have a pet and we appreciate that PETA brought this to our attention," said Emami.

In an unrelated posting, a photo on MySpace.com shows Deiss smiling as he holds a large snake. One of his postings reads: "I just got two crossbow pistols so we can go bunny hunting, ha, ha, ha."

A posting before he turned himself into the court says, "He's bummed." Deiss, who was the subject of a $10,000 arrest warrant, surrendered Thursday morning at the Fullerton Justice Center.

Emami said the case is new and it is too early to address some of the specific sentencing terms and requirements, should Deiss be convicted.

Deiss has pleaded not guilty. If convicted he faces up to three years in jail.
Source: ABC News - April 17, 2008
Update posted on Apr 17, 2008 - 10:23PM 

References

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