Information from an informant led Sonoma County sheriff's deputies to arrest two Boyes Hot Springs men who they believe chased down a thoroughbred horse with their vehicles and killed her in a Kenwood pasture in April.
The case of Gentle Song, a 23-year-old black mare owned by a 13-year-old girl, evoked sympathy and anger from animal lovers throughout the country, who pledged more than $20,000 for a reward fund.
The suspects, Liobijildo Guzman Herrera, 22, and Noel Guido-Silva, 21, face felony animal cruelty charges that could result in prison time and fines of up to $20,000 each.
One vehicle, a Toyota sedan, was confiscated and crime-scene investigators inspected it Monday for hair, fingerprints and other evidence. Detectives still were searching for a pickup they believe was also involved.
Detectives said it appears the two men were drinking at a late-night party April 26 at a ranch near Kunde Estate Winery on Highway 12 and drove their vehicles into a large, gated field that held Gentle Song, another horse, cows and calves.
Tire tracks, a damaged fence and other evidence at the scene showed an apparently extensive chase around the field, authorities said. At some point, Sheriff's Lt. Bruce Rochester said, the pickup clipped Gentle Song and she collided with the car, suffering fatal head injuries.
Animal control investigators were helping assess the damage to the Toyota sedan to determine whether it was consistent with striking a large animal.
Both suspects, who were arrested Friday night, are migrant farmworkers, Detective Tom Spencer said. Herrera told detectives he has lived in Sonoma County for three years; Guido-Silva for about three months.
Herrera, who will be arraigned today, and Guido-Silva acknowledged they were the drivers but said the horse's death was unintentional, Spencer said.
"They say it was an accident, and I'm looking at both sides," Spencer said. "We are still missing a couple pieces of the puzzle."
Jim Mickelson, father of the 13-year-old owner, doesn't believe the men's explanation.
"They could have avoided hitting the horse by not being in the field," he said. "What they're saying is they don't want to be responsible for their actions. Hopefully, they'll get what they deserve."
After the horse's death, a reward fund established by the Sonoma County Humane Society quickly rose to more than $10,000, and as word spread, to the current $20,432 for information leading to the arrest and conviction of those responsible.
The informant told detectives where the Toyota could be found and offered leads to the suspects' identities. When detectives went to check out the information, they found the car in plain view along Highway 12 in Boyes Hot Springs, only a few miles from the Kunde pasture.
The money was "definitely the motivation" for the informant to come forward after all this time, Spencer said.
After more than six weeks, detectives were running out of leads, although they and the Mickelson family still hoped someone would offer helpful information.
"Every hour that passes makes it more difficult to solve," Rochester said. "The informant generated life back into a case that we didn't have much to go on."
Don Malone of the Humane Society said no one has inquired about the reward yet, noting disbursement wouldn't come until after conviction.
"When leads aren't panning out or you don't have much to go on, it's important to get the word out," he said. "We're glad they were able to locate these people and if it's through our reward, that's even better."
Detectives still are searching for the dark-colored 1982 to 1990 Chevrolet or GMC S-10 Blazer or pickup. It sustained damage to the grille the night of the horse's death.
Anyone with information about a similar truck, which may have had broken front or side windows or a smashed grille and headlights, is asked to call Detective Jack Neely at 565-2079. Case UpdatesThe case also raises tricky immigration questions, given that Guido-Silva would face federal charges if he were to return to the United States. Prosecutor James Casey said his office is unwilling to make a deal with Guido-Silva, holding out for either a plea to felony charges or a second jury trial. Judge Lawrence Antolini appointed Spiegelman to defend Guido-Silva at taxpayers' expense in a retrial, which Spiegelman estimates would last 10 days and cost more than $10,000.
An immigration application to allow Guido-Silva to return to the United States to settle the case will cost $1,500 alone, he said. Then , there are investigative expenses and costs to bring Herrera back from Mexico. "He served the maximum time. He was deported. The case was overturned," Spiegelman said. "What more can we do to him?" Casey, acknowledging that Guido-Silva couldn't be sentenced to any further time in custody, said District Attorney Stephan Passalacqua will push for a retrial. "Then, he would have a felony conviction," Casey said.
Spiegelman said his client is adamant that he did not mean to kill Gentle Song. He said he will ask Antolini to dismiss the case in the interest of justice. | Source: Press Democrat - March 8, 2006
Update posted on Apr 2, 2006 - 10:20PM |
A judge appointed a public defender to handle the possible retrial of a man accused of running down a horse in Kenwood three years ago, while at the same time expressing misgivings about the value of pursuing the case. Judge Lawrence Antolini said he has ``a different opinion whether it's worth all the time and money and effort'' to schedule a second trial for Noel Guido-Silva, 22, whose conviction on animal cruelty and vandalism charges in the death of a thoroughbred mare were overturned on appeal. In the meantime, Guido-Silva served his three-year term and was deported to Mexico.
Prosecutor James Casey said that despite questions about whether Guido-Silva can legally return to the United States for a retrial, District Attorney Stephan Passalacqua wants a conviction. The case caused an uproar among animal lovers when the horse, named Gentle Song, was killed in 2003 in her pasture. Deputy Public Defender Jeff Mitchell -- who replaced a private attorney who was to be paid with public funds -- said he would research whether Antolini has the authority to dismiss the case or issue a warrant for Guido-Silva. A hearing was scheduled for April 17, 2006. | Source: The Press Democrat - March 9, 2006
Update posted on Mar 12, 2006 - 11:12AM |
An appeals court in San Francisco has overturned the convictions of a man accused of running down and killing a horse in a Sonoma Valley pasture.
A jury convicted 21-year-old Noel Guido-Silva last year of animal cruelty and vandalism.
Prosecutors said he and 24-year-old Liobijildo Guzman Herrera -- both farmworkers -- went drunkenly joyriding near
Kunde Winery one night in April 2003. They broke into a pasture and chased a horse named Gentle Song in their two vehicles, before running down the animal.
Gentle Song suffered severe head and neck injuries and died.
Herrera pleaded guilty to charges and was sentenced to two years in prison. Guido-Silva was sentenced to the maximum term -- three years.
But the First District Court of Appeals ruled last week that the jury was given faulty instructions in Guido-Silva's trial.
The decision sends the case back to Sonoma County, where it could be retried. | Source: CBS Channel 5 - Sept 13, 2005
Update posted on Sep 19, 2005 - 11:23PM |
A Sonoma County jury convicted a farmworker of felony animal cruelty and vandalism Tuesday for chasing and killing a horse with a car in a Kenwood pasture.
Noel Guido-Silva, 19, of Boyes Hot Springs also was found guilty of misdemeanor charges of trespassing and hit and run. The jury acquitted him of felony charges of conspiracy and intentionally killing the horse.
The horse, a 23-year-old thoroughbred mare named Gentle Song, was owned by a young girl. It was struck by a car and killed in its pasture April 27.
Guido-Silva could get as much as four years in prison when he is sentenced April 22. His attorney said he would ask the judge to credit his client for time served in jail.
Guido-Silva's co-defendant, Liobijildo Guzman Herrera, 21, also of Boyes Hot Springs, pleaded guilty in February to similar charges. He is to be sentenced Monday. Both men face deportation to their native Mexico after they serve their sentences.
Read More: Update posted on Mar 24, 2004 - 12:58PM |
One of two men accused of using cars to run down a mare has changed his plea to guilty. Liobijildo Guzman Herrera originally pleaded no contest, then later changed his plea to innocent. In February, he changed his plea yet again, this time to guilty. He will be sentenced March 22.
Herrera and Noel Guido-Silva were accused of driving into a pasture and chasing Gentle Song, a retired racing horse, last April. The horse was struck and killed.
Guido-Silva will be tried separately. Both men are in the United States illegally and face deportation after they've served their sentences.
To thank the local district attorney for pursuing the case vigorously � and to encourage him to press for a sentence appropriate for such a cruel crime � send a letter to:
James P. Casey
Deputy District Attorney
Hall of Justice, 2nd Floor
600 Administration Drive
Santa Rosa, CA 95403
To encourage the judge to pass an appropriate sentence, send a letter to:
The Honorable Robert S. Boyd
Assistant Presiding Superior Court Judge
Hall of Justice
600 Administration Drive
Santa Rosa, CA 95403 | | Update posted on Mar 1, 2004 - 5:17PM |
The two men accused of chasing down and killing a horse with their vehicles in a Kenwood pasture in April will stand trial after they withdrew their "no contest" pleas Friday.
Liobijildo Guzman Herrera, 22, and Noel Guido-Silva, 21, changed their pleas because they faced the maximum sentence of three years in prison for the crime.
Deputy Public Defender Jeff Mitchell, Herrera's attorney, said the two men expected a lighter sentence when they pleaded no contest Sept. 3 to charges of animal cruelty in the death of Gentle Song, a 23-year-old mare that belonged to a Kenwood family. The Probation Department later reviewed their case and recommended they get the maximum term.
Superior Court Judge Robert Boyd said last week he probably would follow the Probation Department's recommendation when Herrera and Guido-Silva were sentenced.
On Friday, the two men asked Boyd to withdraw their pleas and schedule the case for trial. He granted their request and set the trial for Dec. 1.
Read More: Update posted on Oct 21, 2003 - 11:39PM |
The two men pleaded no contest last Wednesday. Herrera and Guido-Silva admitted killing the horse but insisted it was an accident, their attorneys said Wednesday. Casey said evidence at the scene showed that they chased Gentle Song in their vehicles and deliberately struck her.
The defendants are scheduled to be sentenced Oct. 1 by Judge Robert Boyd. They are being held on $100,000 bail in Sonoma County Jail.
Read more: Update posted on Sep 11, 2003 - 6:28PM |
Investigators testified that 22-year-old Liobijildo Guzman Herrera and 22-year-old Noel Guido-Silva admitted driving their cars through a fenced pasture near Kenwood where the horse Gentle Song was kept. The men have pleaded innocent, saying the horse's death was accidental.
But witnesses at a preliminary hearing yesterday say swerving tire tracks, hoof prints and acceleration skid marks show otherwise. | | Update posted on Jul 14, 2003 - 12:02AM |
References« CA State Animal Cruelty Map
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