Attorneys/Judges
| Prosecutor(s): | Alisha Stach |
Two kittens trapped in apartment, left to die
Dubuque, IA (US)Incident Date: Wednesday, Sep 9, 2009
County: Dubuque
Charges: Misdemeanor
Disposition: Alleged
Alleged: Maximo C. Damaso
Case Updates: 1 update(s) available
A Dubuque landlord who refused to rescue kittens trapped in a roof told authorities that their dead bodies wouldn't stink because "they would dry up," court filings reveal.
Maximo Damaso, 75, faces an animal neglect charge after city officials rescued two trapped kittens from an apartment building's soffit on Sept. 9. The charges likely will be filed today in Dubuque County District Court.
When reached by phone, Damaso said he believes the responsibility to remove the cats should have fallen to the city, not him. The kittens' predicament was unintentional, but Damaso refused to get them out, according to a search warrant return filed last week.
A stray cat climbed into the soffit during construction of a new roof and gave birth to kittens. When workers sealed the roof, they didn't know the kittens were trapped inside.
Tenants contacted Damaso to complain about the kittens, whose meek meowing echoed from inside for several days.
When Damaso refused to do anything about it, a resident called Dubuque Animal Control, records state. After obtaining an administrative search warrant, city officials pulled two tiny, weeks-old kittens from the soffit - alive.
Damaso told Animal Control Officer Jenny Cook that he wouldn't spend the time or money to free the kittens, according to court documents.
"I explained to Damaso that the kittens were going to die if we did not get them out of there. He did not respond. I told him that the kittens would smell bad when they start to decay. He stated that the kittens would not 'smell that bad and that they would dry up, since there were vents and it was outside,'" Cook wrote.
When authorities informed him that they were obtaining a search warrant, Damaso said that it was OK for someone to knock a hole in the drywall to rescue the kittens, as long as they returned it to its original condition, records state.
Damaso said he thought it was the city's responsibility to rescue the kittens. "Every time I see an animal in distress, like a cat in a tree, they take it down themselves. They do not ask the owner (of the tree)," he said.
Dubuque Assistant County Attorney Alisha Stach said the law is different when it comes to private property. Something inside a home, or directly linked to it, has more constitutional protection than something in an open field.
"A tree in a yard is in a gray area. A warrant is sometimes required," she said. Authorities pursued the warrant after Damaso refused several times to grant permission, although he later relented.
Damaso said there also was another reason he couldn't take the kittens out: allergies. Damaso claims he's suffered from cat allergies for the past year and a half.
Before that, he had a cat named Tiger. Recently, his wife found a cat in the parking lot of Kmart, who stayed at their home until he realized he was allergic to it.
"I love cats, oh, I love them very much," he said.
The animal neglect charges claim that Damaso "knowingly and intentionally allowed two kittens to be trapped on his property when they would certainly die if not released." The penalty for simple misdemeanor animal neglect is a $65 fine, with a maximum of 30 days in jail. Stach said she would ask the judge for some jail time.
After they were rescued from the dark, enclosed roof, the Dubuque Regional Humane Society took charge of the rescued kittens.
Today, Ham and her brother, Cheese, are thriving in foster care, said Alexx Wintermote, foster care coordinator and kennel tech. 'They're doing really well, and they're getting really big," she said. The kittens won't be up for adoption for another two weeks, because they're still too young, Wintermote said.
For more information about adopting Ham and Cheese or the many animals in need of a home, contact the Humane Society at 563-582-6766.
Case Updates| Maximo C. Damaso, 75, 2620 Pearl St., turned himself into police Saturday on a warrant charging animal neglect. | Source: Telegraph Herald - Nov 1, 2009
Update posted on Nov 1, 2009 - 10:38PM |
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