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Case ID: 15948
Classification: Choking / Strangulation / Suffocation, Drowning
Animal: dog (non pit-bull)
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Attorneys/Judges
Prosecutor(s): Aicha Mievis
Defense(s): Ford Green
Judge(s): Kelly Simmons



CONVICTED: Was justice served?

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Case #15948 Rating: 3.8 out of 5



Dog choked, attempted drowning
Sausalito, CA (US)

Incident Date: Thursday, Apr 23, 2009
County: Marin

Charges: Felony CTA
Disposition: Convicted

Defendant/Suspect: Tab Mitchell

Case Updates: 2 update(s) available

The Marin County Sheriff's Office says a man is being held on $40,000 bail after witnesses saw him choking a dog and sticking the animal's head under water.

Authorities arrested 46-year-old Tab Mitchell on Sunday and charged him with one felony count of cruelty to animals.

Witnesses called the Marin Humane Society on two days in a row to report seeing Mitchell abusing the border collie mix.

The dog has been checked out by a veterinarian and is in a Humane Society shelter.

Mitchell is scheduled to appear in court today.


Case Updates

A Sausalito man charged with choking his Australian shepherd and holding its head under water was sentenced Tuesday to more than four months in the county jail.

Tab Mitchell, 46, was sentenced to a 135-day term stemming from his conviction on two animal cruelty charges, a felony and a misdemeanor, said Deputy District Attorney Aicha Mievis.

Mitchell was also ordered to receive anger management counseling and was forbidden to own pets. He was sentenced by Judge Kelly Simmons.

"There is a fine line between cruelty towards animals and violence towards people," Mievis said. "It is appropriate for the court to take animal cruelty cases seriously, as was done in this case, in an effort to keep the community safe."

Mitchell was arrested last May on his sailboat in Richardson Bay, where witnesses saw the abuse take place. The dog, a female named Shaland, was turned over to the Marin Humane Society and eventually adopted.

After the judge determined there was sufficient evidence to hold a trial, Mitchell settled the case with a no-contest plea. The felony conviction could be stricken later if Mitchell remains law-abiding during his probationary period.

"Tab's a good guy who had a bad moment, and he's taking responsibility for his bad moment," said Ford Greene, Mitchell's defense attorney. "He acknowledged that he had lost control. He's had a rough history of childhood abuse, and that contributes to losing control."

Mitchell, who is free on bail, is scheduled to surrender to the jail on Jan. 7 to begin his sentence.
Source: Marin Independent Journal - Nov 17, 2009
Update posted on Nov 19, 2009 - 1:28AM 
A Sausalito man faced a judge Monday in connection with what Marin County Sheriff's deputies call a disturbing case of animal cruelty. Witnesses say they saw the man choke and then try to drown his dog.

Shaland, the Australian Shepherd at the center of the investigation, is now living with a foster family. Her owner, 46-year-old Tab Mitchell, stands accused of beating and trying to drown her.

Witnesses called deputies on April 23rd and 24th to report the alleged abuse.

Deputies took the dog away then and began investigating.

"The citizen witnessed the suspect not only punch the dog but hold her head under water on two separate occasions, and that's what makes it felony animal cruelty," said Sgt. Debra Barry of the Marin County Sheriff's Department.

Sunday, Sausalito police assisted sheriff's deputies in arresting Mitchell on his boat near Angel Island.

Detective Matt Shoup of the Sausalito Police Department said, "When we located the subject, he was in Raccoon Straights, his vessel was underway, we came up along side, he was cooperative throughout the contact and we were able to take him into custody without incident."

Mitchell went before a judge Monday in his initial court appearance.

The Marin Humane Society says Shaland is just beginning to recover from her ordeal.

The Humane Society's Carrie Harrington said, "She's especially fearful around men, so we will work with our behavior and training department and with the foster mom to try to acclimate her to men again."

The Humane Society said once Shaland has recovered from her trauma she'll be available for adoption to a family with a lot of patience, a lot of energy, and a lot of love.
Source: KTVU - May 12, 2009
Update posted on Nov 19, 2009 - 1:27AM 

References

« CA State Animal Cruelty Map
« More cases in Marin County, CA

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