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Case ID: 14778

Classification: Neglect / Abandonment, Theft

Animal: dog (non pit-bull)

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Attorneys/Judges

Prosecutor(s):	Aicha Mievis
Defense(s):	Peter Arian
Judge(s):	Kelly Simmons

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Case #14778 Rating: 1.0 out of 5

Newborn puppies locked in hot, stolen car
San Rafael, CA (US)

Incident Date: Friday, Oct 24, 2008
County: Marin

Charges: Summary
Disposition: Civil penalty imposed

Defendant/Suspect: Tony Van

Case Updates: 2 update(s) available

A man awaiting a jury verdict in a San Anselmo auto theft case was arrested after police learned he had driven a stolen Lexus to the Marin County courthouse, authorities said.

The key informants in the case were a group of tiny Yorkshire terriers that escaped from the Lexus SUV, attracting the attention of bystanders at the Civic Center and leading sheriff's deputies to discover the stolen vehicle.

Tony Van, a 37-year-old hairstylist from San Francisco, was arraigned Monday on charges of receiving a stolen vehicle, receiving stolen property, animal cruelty and leaving animals in an unattended vehicle, said Deputy District Attorney Linda Witong.

Van was being held in lieu of $250,000 bail.

The incident occurred Friday, when Van was at the courthouse for his trial in a separate case. Van was charged with possession of a $125,000 Porsche Carrera that had been stolen from a residence in San Anselmo, said Deputy District Attorney Aicha Mievis.

While Van was in the courthouse awaiting the verdict, two Civic Center employees on a break noticed some loose Yorkies around a Lexus in the parking lot. As they gathered up the dogs, several puppies were found unattended inside the Lexus on the sweltering day. Authorities suspect some of the dogs jumped out a window.

Sheriff's deputies were summoned and discovered that the 2005 Lexus had been reported stolen. Then Van came out to the vehicle, with the keys in his possession, authorities said.

Deputies arrested Van and recovered a stolen computer and checkbook from the vehicle, according to court documents. The dogs - four adults and three puppies, all Yorkies or Maltese/Yorkshire mixes - were turned over to the Marin Humane Society.

Then Van's jury returned and convicted him in the case of the stolen Porsche. Sentencing is pending.

Van's lawyer, Deputy Public Defender Peter Arian, declined to comment on the new allegations.

The dogs are in good condition and are being held at the Marin Humane Society until further notice, said Capt. Cindy Machado.

"We're awaiting further word from the district attorney's office to see how we should proceed," she said.

Van told authorities the dogs belong to him.

"What was particularly disconcerting was that the dogs in the car were very, very young," Mievis said. "It appears that they were just a few days old."

Case Updates

A man pleaded guilty in Marin Superior Court on Tuesday to driving a stolen car to his own jury trial over a stolen car.

Tony Van, 37, admitted to receiving a stolen vehicle and receiving stolen property, said Deputy District Attorney Aicha Mievis. He also admitted to an infraction for leaving a group of tiny Yorkshire dogs in the car on a sweltering October day, Mievis said.

In exchange for the plea, a judge agreed to sentence him to no more than two years and eight months in state prison.

The incident occurred when Van went to court to wait for the jury's verdict on charges he was in possession of a $125,000 Porsche Carrera that had been stolen in San Anselmo.

While Van was inside the courthouse, some bystanders in the parking lot noticed a group of Yorkies running loose near a Lexus. The witnesses called sheriff's deputies, who learned that more dogs were inside the Lexus, and, moreover, that the Lexus was stolen.

Then Van walked out to the Lexus with the keys in hand, and was arrested for being in possession of a stolen car.

Then the jury convicted him in the original case.

In the matter of the Lexus and the Yorkies, prosecutors charged Van with receiving a stolen vehicle, receiving stolen property, animal cruelty and leaving animals in an unattended vehicle under dangerous conditions. During a preliminary hearing last month, Judge Kelly Simmons ruled there was insufficient evidence to try Van for the animal cruelty charge.

Van was scheduled to go to trial for the second time on Feb. 20, but he pleaded guilty Tuesday instead. His prison sentence will cover both the Lexus and the Porsche. Sentencing is Feb. 25.

The Yorkies are still in the care of the Marin Humane Society, Mievis said. The dogs included four adults and three puppies, all Yorkies or Maltese/Yorkshire mixes.

Update posted on Feb 4, 2009 - 11:12AM

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A man accused of driving a stolen car to his own criminal trial in San Rafael has been ordered to stand trial on most counts, but a judge dismissed an animal cruelty charge for the tiny Yorkshire dogs he left in the car.

Tony Van, a 37-year-old hairstylist from San Francisco, was arrested at the Marin Hall of Justice on a sweltering day in October, when several of the dogs escaped from the Lexus he had parked at the courthouse.

The loose Yorkies attracted the notice of bystanders, who called the sheriff's department. Deputies determined the Lexus was stolen and that Van had driven it there.

Van was in court that day awaiting a jury verdict in a separate case where he was charged with possession of a $125,000 Porsche Carrera stolen in San Anselmo. The jury convicted him.

In the matter of the Lexus and the dogs, prosecutors charged Van with receiving a stolen vehicle, receiving stolen property, animal cruelty, and leaving unattended animals in an unattended vehicle under dangerous conditions. The first two charges are felonies, the third is a misdemeanor, the fourth an infraction.

A preliminary examination of the evidence was held Wednesday before Judge Kelly Simmons. She ruled there was sufficient evidence to try Van on all charges but the animal cruelty count, said prosecutor Aicha Mievis.

Van's lawyer, Deputy Public Defender Peter Arian, declined to comment.

Van, who has pleaded not guilty, returns to court for further hearings on Jan. 5. He remains in custody at the county jail in lieu of $250,000 bail.

The dogs - four adults and three puppies, all Yorkies or Maltese/Yorkshire mixes - were turned over to the Marin Humane Society. Van told authorities the dogs belonged to him.

Source: Marin Independent Journal - Dec 15, 2008
Update posted on Dec 15, 2008 - 9:54AM

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Newborn puppies locked in hot, stolen carSan Rafael, CA (US)

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Newborn puppies locked in hot, stolen car
San Rafael, CA (US)