Case Snapshot
Case ID: 15519
Classification: Beating
Animal: bird (wildlife)
More cases in Honolulu County, HI
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Abuse was retaliation against animal's bad behavior
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Attorneys/Judges
Defense(s): Randall Oyama, Earle Partington
Judge(s): Michael Wilson


For more information about the Interactive Animal Cruelty Maps, see the map notes.



Monday, May 25, 2009

County: Honolulu

Disposition: Acquitted

Person of Interest: Sandra Maloney

Case Updates: 4 update(s) available

A Makaha woman who killed a peacock has been charged with animal cruelty, and she blames her condo association. Sandra Maloney admits to killing the bird. If convicted, she could face up to a year in jail.

"I really feel bad about it. I love birds, I love animals," said Sandra Maloney.

Sandra Maloney says she's sorry for killing one of the peacocks at the Makaha Valley Towers. But she says the birds' endless mating calls just pushed her over the edge.

"I haven't had any sleep since January, February. They started squawking all night long, on and off all night long, every single night," said Maloney.

She says the birds are also a health hazard.

"They crap all over our picnic area, there's feces running down the BBQ, and the food prep areas on the picnic tables and the benches," said Maloney.

On Sunday, Maloney says she was in her apartment when about a dozen of them started squawking away. She says she grabbed a baseball bat, chased one down, and clubbed it to death. Maloney is now charged with second degree animal cruelty.

"We are pursuing the prosecution of it and plan to do it vigorously. Yes, there has been outcry about this. I think that that reflects one, the manner in which it has been reported to have occurred, two I think the people understand and cherish the wildlife here in Hawaii," said Peter Carlisle, Honolulu prosecutor.

The attack has upset many in the community and even some in Maloney's building.

"I think it was just awful that it happened and it shouldn't have happened," said Ted Pond, Makaha Valley Towers resident.

Maloney says she tried to bring up the peacock issue at board meetings, but says she was always shot down.

"I was told quite hatefully by one of the board members that the peacocks were here before I was and if i didn't like them I should move," said Maloney.

Even though she says she's sorry for what she's done, Maloney doesn't see how killing a peacock is any different from eradicating coqui frogs.

"The coqui frogs make a lot of noise, and that's what everybody objects to, and they're trying to kill them. The peacocks make a lot of noise, and that's what I object to," said Maloney.

This isn't the first time a peacock was killed on the property. Residents say they've found at least 10 dead birds over the last few months


Case Updates

A woman who admitted to killing a peacock with a baseball bat was found not guilty of animal cruelty Friday.

The jury appears to have agreed that how Sandra Maloney dealt with a Makaha neighborhood nuisance wasn't animal cruelty as they chose to acquit her.

The 70-year-old retiree was elated by the decision.

"I'm going to Disney World we're going to have peacock souffle," said Maloney.

Maloney says she was driven to kill the peacock after being tormented by the noisy fowl and was driven to the edge by a lack of sleep.

"One, I feel vindicated, the other reaction is I think it's going to be open season on peacocks and it's probably past time," Maloney said.

"In fact there is no permit requirement to kill peafowl in Hawaii and we don't want the police going out and arresting people claiming they have to have a permit when they don't," said defense attorney Earle Partington.

Under state law, you do not need a permit to kill a peacock but it is against the law to intentionally make any animal suffer. The blow Maloney delivered wasn't immediately fatal.

"Those so called animal lovers who sat down and watched that bird in agony for 45 minutes, to me, should be held accountable for something...I thought it was dead or I would have put it out of its misery," Maloney said.

She says this won't be the last her neighbors will hear from her about the peafowl nuisance

"She wants to file suit against the board for failing to undertake their duty to provide a habitable place," said Partington.

"if we don't get ahold and control them now, we're gonna have a peacock in everyone's back yard," Maloney said.

If found guilty, Maloney could have faced up to a year in prison.

The Honolulu Prosecutor's office said in a statement the office will not be deterred by the verdict and will continue to vigorously prosecute cases of excessive cruelty or ill-treatment of animals.
Source: khon2.com - Jan 21, 2011
Update posted on Jan 22, 2011 - 6:05PM 
The husband of the woman charged in the beating death of a peacock testified Thursday that he had done research on hunting the wild birds in Makaha Valley and didn't think it was illegal.

Sandra Maloney, 70, has admitted that she killed a peacock using a baseball bat because its loud cries caused her to become sleep deprived. James Maloney told jurors that the peacocks that roam freely at Makaha Valley Towers create "tremendous noise around the clock," and that his wife was "losing it."

The defendant is charged with second-degree animal cruelty, a misdemeanor punishable by up to a year in jail. Under Hawaii law, a person commits second-degree animal cruelty if he or she "kills without need any animal other than insects, vermin, or other pests."

Defense attorney Earle Partington says the state does not require a permit to hunt peafowl in Makaha Valley, and that his client was planning to cook it for dinner.

"Is she a good cook?" Partington asked James Maloney.

"Absolutely," the defendant's husband replied.

Earlier, Jason Misaki with the state Department of Land and Natural Resources testified that the department does not have jurisdiction over the peafowl at Makaha Valley Towers, which is private property.

Sandra Maloney is expected to testify in her own defense as early as Thursday afternoon.
Source: hawaiinewsnow.com - Jan 20, 2011
Update posted on Jan 20, 2011 - 5:24PM 
The woman charged in the beating death of a peacock in Makaha dumped her attorney Monday, forcing a delay in her animal cruelty trial.

Four days after suffering a setback in court, Sandra Maloney asked a judge for permission to replace her lawyer, Randy Oyama. The judge granted her request and postponed the trial that was supposed to begin this week to January 11th.

Maloney has admitted she beat a peacock to death using a baseball bat because its loud cries caused her to become sleep deprived and depressed.
Circuit Judge Michael Wilson last Thursday denied her motion to dismiss the case, saying peacocks roaming freely in Makaha Valley are covered under Hawaii's animal cruelty law. He said it should be up to a jury to decide whether the killing was justified.
Source: hawaiinewsnow.com - Dec 07, 2009
Update posted on Jan 20, 2011 - 5:22PM 
A judge today continued until June 19 the arraignment of Sandra Maloney on charges of misdemeanor cruelty to an animal, according to Jim Fulton of the Honolulu prosecutor's office.

Earlier reports that she pleaded not guilty were not correct.

She was not able to enter a plea because her attorney did not appear this morning in Waianae District Court, Fulton said.

Maloney, of Makaha, is accused of beating a peacock to death with a baseball bat.

She is charged with second-degree animal cruelty, punishable by up to a year in jail and a $2,000 fine.

When Maloney makes her next court appearance at 9 a.m. June 19, she can either demand or waive a jury trial, after which she can enter a plea.
Source: Honolulu Advertiser - May 30, 2009
Update posted on May 31, 2009 - 11:07PM 

References


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