Attorneys/Judges
| Prosecutor(s): | Jennifer Bainbridge | | Defense(s): | Andrew Stein | | Judge(s): | Margaret M. Bernal, Robert J. Higa |
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Case #16305 Rating: 1.5 out of 5
Chained dog starved nearly to death
Bellflower, CA (US)Incident Date: Wednesday, Apr 7, 2010
County: Orange
Charges: Misdemeanor
Disposition: Convicted
Case Images: 3 files available
Defendant/Suspect: Kimberly Kimiko Nizato
Case Updates: 10 update(s) available
Somewhere in a lonely back yard, a young dog lived chained to a tree without food, water or attention.
He waited for that food, and when it didn't come, he ate dirt. Eventually the dog laid down and he didn't get up.
But still, he didn't die.
An anonymous Good Samaritan stepped in April 7 and rescued the German shepherd from sure death. The animal, not much more than skin and bone, wailed in agony on the way to get help.
The dog was taken to an emergency animal hospital in Orange County where a horrified veterinary technician called friends at German Shepherd Rescue of Orange County.
Everyone held their breath... would the dog make it through the night?
He made it, and GSROC went to work.
The nonprofit named the dog Courage and transferred him to Community Veterinary Hospital in Garden Grove where Dr. Bill Grant got to work.
"This is as bad as it gets," Grant said Tuesday.
The dog is too weak to stand and can barely lift his head. He weighed 37 pounds -- less than half his normal body weight -- when he was rescued. But with a weak kiss and a sparkle in his big brown eyes, the dog made a connection with his caretakers.
"This dog does not belong here, with us," Grant said. "But he seems to be willing to live, and he's recovering well."
GSROC volunteer Shawn Hollub is Courage's guardian angel by day. She stops by daily to visit him and stroke the gold and black fur stretched tautly over prodding bones.
"I told him, 'If you fight, we'll find a way to help you get better,' " Hollub said.
And Courage is fighting. Grant said the dog, which he estimates to be about 3 years old, is eating well and attempting to use atrophied muscles to lift himself from the floor. He's not out of the woods yet and more tests will tell if Courage's kidneys and liver will recover from the advanced malnutrition.
Orange County Register reporter Samantha Bowen met Courage on Tuesday at the hospital. Despite his skeletal appearance and months of neglect, the dog was sweet natured and eager to kiss and be touched.
As Dr. Grant knelt to say hello, Courage mustered the strength to roll slightly and offered his belly to the vet. There wasn't a dry eye in the room.
"He's fought an incredible battle," Grant said. "And he's here. He's on the right road now."
It will take months for the dog to get back on his feet and resume a normal life, Grant says. But GSROC and its team of volunteers are prepared to help Courage recover and eventually find him a new family.
"He should have been dead," Hollub said with tears in her eyes.
GSROC is offering a $1,000 reward for anyone who knows more about the dog's owners. They don't know where the dog originated but are hopeful a neighbor will recognize Courage's photo and call in a tip.
For more information about Courage's, e-mail info@gsroc.org. Donations toward Courage's medical bills and care can be made at www.gsroc.org or 177F Riverside Avenue, Ste. 143, Newport Beach, CA 92663. Call 714-974-7762 for more information.
Case UpdatesKimberly Nizato, the woman accused of nearly starving her dog to death, was sentenced Monday to a misdemeanor count of animal cruelty.
Defense attorney Andrew Stein successfully argued to Judge Robert J. Higa that the District Attorney Office's case did not meet the standard for a felony conviction.
Higa sentenced the 27-year-old former Bellflower resident to 30 days in county jail with two days suspended, three years of probation. She also will pay restitution of $2,034 and court fees.
The judge also banned Nizato from owning a pet and ordered her to undergo counseling.
"I make no excuse for what my client did," Stein told the judge. "But I believe this was a crime of omission not commission."
Stein told the court Nizato's family had sold their Bellflower home and moved away from the area. He did not disclose where the Nizatos live but said Kimberly Nizato would make arrangements with Los Angeles County to fulfill her probation. She will return to court Nov. 8 for a restitution hearing.
She did not surrender to serve her time but instead was ordered by Higa to work on getting her restitution paid.
Nizato was a full-time kennel assistant at an Irvine veterinary hospital when she, with help from her sister, surrendered her severely emaciated dog to an acquaintance last spring. Her 3-year-old German shepherd, known as Courage, weighed 37 pounds, and veterinarians said he had eaten dirt and rocks to survive.
Nizato was arrested April 16, 2010. She pleaded no contest to felony animal cruelty June 28.
German Shepherd Rescue of Orange County agreed to pay for the dog's care and renamed him Courage. After weeks of round-the-clock care and constant feedings, the dog made a full recovery and now lives with Lisa Whiseant, the woman who took the dog to medical care last spring.
Whiseant, a Huntington Beach resident, submitted an impact statement to the court, which was read into evidence by Deputy District Attorney Jennifer Bainbridge.
"Courage has moved on. He is a healthy, joyous, 92-pound dog that spends his days playing with toys, his shepherd gal pal, and his wading pool. He harbors no ill effects and is now in perfect health," Whiseant wrote. "His temperament is loving and forgiving."
"He is loved, adored, protected and thankfully will have a happy life after returning from the brink of death."
Bainbridge was noticeably upset as she left the courtroom Monday.
"We respect the judge's decision," she said on behalf of her office.
Stein was pleased with Higa's decision to reduce the felony to a misdemeanor but said county jail would be a wake-up call for his client.
"I think it's a good jolt," he said.
Stein said the mystery of why his client let her dog go without food for so long would remain.
"We'll never really know the why," he said.
Stein, who delayed previous hearings because he was ill, said he has been fighting a case of the fungus known as Valley Fever, or coccidioidomycosis, which he acquired while visiting a client in prison. | Source: ocregister.com - Aug 15, 2011
Update posted on Aug 15, 2011 - 6:52PM |
| The sentencing hearing for Kimberly Nizato, the woman accused of felony animal cruelty, will proceed at 9 a.m. Monday, August 15, in Dept. K at Norwalk Superior Court. | Source: ocregister.com - Aug 12, 2011
Update posted on Aug 12, 2011 - 5:30PM |
Kimberly Nizato, the woman who surrendered her severely emaciated dog to an acquaintance in spring 2010, pleaded no contest Monday to a single charge of felony animal cruelty.
The Bellflower resident was working as a kennel assistant at an Irvine veterinary hospital when she relinquished the ailing 3-year-old German shepherd. She was arrested April 16, 2010.
The dog weighed 37 pounds at the time and was named Courage by German Shepherd Rescue of Orange County, which claimed responsibility for his care.
Veterinarians testified last year at a preliminary hearing that the dog ate dirt and rocks to survive.
The story of Courage's survival and return to health captivated readers in Orange County and around the world. Many animal lovers have waited anxiously for a conclusion to the court case.
The courts view a no contest plea the same as a guilty plea; the maximum sentence for felony animal cruelty is 3 years in prison. Nizato also will be expected to pay restitution for the subsequent medical bills and care of Courage.
Nizato will be sentenced July 28 by Judge Robert J. Higa in Dept. K at Norwalk Superior Court.
Her attorney, Andrew Stein, indicated he would petition the court to reduce the felony charge to a misdemeanor. Deputy District Attorney Jennifer Bainbridge said she would fight to keep the felony charge in place.
As for the no contest plea, Bainbridge was pleased with the outcome.
"It's always good when someone takes responsibility for their actions," she said.
Courage was adopted by Lisa Whiseant of Huntington Beach. Whiseant helped to foster the dog during his recovery. The dog now weighs 90 pounds and lives with another German shepherd named Isis.
Read more stories about Courage and his recovery. | Source: cregister.com - Jun 27, 2011
Update posted on Jun 27, 2011 - 5:33PM |
The pretrial hearing in the case against Kimberly Nizato of Bellflower, who is charged with felony animal cruelty, was continued Friday to June 27.
Lawyers and the presiding judge, Margaret M. Bernal, were waiting for a doctor's report before continuing with the hearing. | Source: ocregister.com - Jun 17, 2011
Update posted on Jun 17, 2011 - 3:46PM |
The pretrial hearing in the case against Kimberly Nizato of Bellflower, who is charged with felony animal cruelty, has been continued to June 17.
The hearing, which was supposed to take place May 11, was delayed after Nizato's attorney, Andrew Stein, took ill and was unable to be in court.
Nizato was arrested April 16, 2010, after she gave her severely emaciated and ailing dog to an acquaintance, Lisa Whiseant of Huntington Beach.
Veterinarians said the 3-year-old dog, renamed Courage by German Shepherd Rescue of Orange County which paid for his care, weighed 37 pounds and had eaten dirt to survive. Courage has recovered, weighs 90 pounds and now lives with Whiseant and another German shepherd named Isis.
A judge determined on Sept. 14 that there was sufficient evidence to proceed with a trial against the former veterinary technician.
Nizato, a former employee of Southern California Veterinary Specialty Hospital in Irvine, was exonerated from her bail requirement at the conclusion of her preliminary hearing.
Read more stories about Courage and his recovery at Pet Tales. | Source: ocregister.com - May 16, 2011
Update posted on May 16, 2011 - 8:00PM |
An arraignment was held Tuesday for a 26-year-old Bellflower woman charged with animal cruelty in the near-starving case of her German shepherd.
A preliminary hearing, which concluded Sept. 15, found sufficient evidence to try Kimberly Nizato with felony animal cruelty.
Nizato appeared briefly at her arraignment Tuesday and was ordered to return to the Norwalk Superior Court for a pre-trial hearing, set for Nov. 15, according to court staff.
The former veterinary hospital worker was arrested April 16 and charged with one count of felony animal cruelty after she gave her severely emaciated dog to a family friend.
Veterinarians who treated the German shepherd said he was half his normal body weight and had eaten dirt to survive.
The dog, who was taken in by a local animal rescue group and renamed Courage, recovered and was adopted by a Huntington Beach woman, authorities said.
Nizato is a former employee of Southern California Veterinary Specialty Hospital in Irvine. If she is convicted on all counts she could face fines and jail time. | Source: Contra Costa Times - Sept 28, 2010
Update posted on Oct 3, 2010 - 3:55PM |
The felony animal abuse case of a former veterinary hospital employee has been rescheduled from today until July 12 at Bellflower Superior Court.
Kimberly Nizato, 26, of Bellflower is being charged in the near-starvation case of Courage, the German Shepherd dog rescued by German Shepherd Rescue of Orange County in April. Nizato, who was terminated from her job, pleaded not guilty. If convicted, she faces up to three years in prison and a maximum fine of $20,000.
According to Nizato's attorney, Andrew Stein of Bellflower, a new date for the preliminary hearing has been set because he received new information today. Medical records, pictures and x-rays were handed over, and Stein said he plans on reviewing these in depth.
"I'm sending them out to a doctor to see what his opinion of the x-rays are," Stein said.
As reported in the OC Register, Nizato, who is the former employee of Southern California Veterinary Specialty Hospital in Irvine, did not appear in court today. Before this, the preliminary hearing had previously been scheduled for May 25, but it was postponed due to Stein's request for more medical records.
"We all get frustrated that the wheels of justice turn so slowly and it's easy to lose faith, but as long as we get our desired outcome of Kimberly Nizato never being in a position to harm another animal ever again, it's worth the wait," said Maria Dales, GSROC lead volunteer. "In this case, the evidence against her is so overwhelming that I can't imagine her not being convicted. I'm very pleased that the team at SEAACA and at the District Attorney's office are giving this case their full attention, underscoring that they don't take animal abuse lightly.
"The most convincing evidence against Nizato is that Courage is bouncing around at 80 pounds, behaving like a teenage Shepherd should!"
When rescued, Courage weighed 37 pounds and was hours or perhaps days away from death. Today, he is topping the scales at 80 pounds, still a bit skinny, gaining weight by the day. Veterinarians at Community Veterinary Hospital in Garden Grove state that Courage's physical and mental recovery are not just impressive, but nearly miraculous. His new mom, a GSROC volunteer, says he's relieving the puppyhood he never had by playing, running around, getting into trouble and eating. Lots and lots of eating. | Source: Orange County Examiner - Jun 16, 2010
Update posted on Jun 16, 2010 - 1:41PM |
Kimberly Nizato, the 26-year-old woman accused of nearly starving her dog to death was formally charged in a felony criminal complaint filed yesterday by the District Attorney’s Office. The date change was announced in a press release issued by the DA’s Office yesterday.
Kimberly Kimiko Nizato was charged with one felony count of cruelty to an animal in case No. VA115258 (see The People of the State of California v. Kimberly Nizato; writing the Deputy District Attorney for a sample letter urging Deputy District Attorney Mario Trujillo to give Ms. Nizato the maximum penalty available under law). Immediately after the case was filed, her attorney requested that she be arraigned and the court agreed.
Nizato pleaded not guilty. She is due back in Department 3 of Bellflower Superior Court on May 25. She remains free on $20,000 bail.
A severely emaciated adult German Shepherd owned by the defendant was rescued from her home on April 6. The veterinarian who examined the dog determined there was no evidence of food in his system, but hair, dirt and rocks were found in the stomach, authorities said.
Nizato worked in the veterinary field at the time of the alleged offense. The dog, formerly known as Bosco, has been renamed Courage. Courage is recovering and gaining weight without assistance from medication, according to authorities. | Source: Examiner.Com - May 12, 2010
Update posted on May 16, 2010 - 1:45PM |
A woman arrested Friday on accusations of starving her three-year-old German shepherd nearly to death works as a veterinary technician, animal control officials said.
Kimberly Kimiko Nizato, 26, of Bellflower, was arrested by Southeast Area Animal Control Authority officers and booked on charges of felony animal cruelty at Los Angeles County Sheriff's Lakewood station, SEAACA Capt. Aaron Reyes said.
She is the registered owner of the dog, who's been named "Courage" by his rescuers.
"The important thing now is that Courage is getting the help he needs," Reyes said. "Now (Nizato) needs to answer for her crimes."
The dog was found Tuesday locked in a carrier in Nizato's garage, in the 17900 block of Carpintero Avenue, officials said.
He had dirt, rocks and hair in his stomach, a sign the shepherd had scrounged for anything he could while wasting away, officials said.
It appears the dog was moved at some point from Nizato's back yard to her garage, Reyes said.
It's unknown how long the shepherd had been without food, but he was less than half the normal weight for a dog his size when he was found this week, Reyes said. The dog was so weak he couldn't stand of lift his head.
Courage is now being cared for by a foster family arranged by the German Shepherd Rescue of Orange County and a veterinarian, officials said.
Officials from Downey-based SEAACA, which also provides animal control services for Pico Rivera, Santa Fe Springs and 12 other cities, said a woman who wished to remain anonymous intervened and took the dog to an Orange County veterinarian Tuesday, after Nizato gave him to her.
"The dog is under veterinary care right now and is showing signs of recovery," said SEAACA Sgt. Chuck Miller. "He's responding well but he's not out of the woods yet."
The dog alert, has been trying to stand and has a good appetite - all good signs, a veterinarian said.
"The prognosis is good if nothing else is wrong with it and it just didn't get enough food," said veterinarian Brad Brunskill. "If it wants to eat, that's a good sign."
Nizato, who worked as a technician at an Irvine veterinary hospital, has a prior burglary conviction, officials said.
She is being held on $20,000 bail and SEAACA officials have asked that it be increased to $50,000, and will be arraigned early next week.
Read more: Owner of emaciated German shepherd found at Downey home arrested - Whittier Daily News http://www.whittierdailynews.com/news/ci_14900596#ixzz0o7RfqAgh | Source: Whittier Daily News - April 16, 2010
Update posted on May 16, 2010 - 1:39PM |
A German shepherd left for weeks without food inside a pet carrier in the garage of a Bellflower home ate dirt and rocks in a desperate bid to survive, animal control officials said Thursday.
Officials from the Southeast Area Animal Control Authority in Downey, which also provides animal control services for Pico Rivera, Santa Fe Springs and 12 other cities, said a woman rescued the dog Tuesday and took him to Community Veterinary Hospital in Garden Grove.
SEAACA officials have identified a 26-year-old Bellflower woman as the owner of the dog. Officials said the woman could face arrest.
A $1,000 reward was offered for information leading to whomever was responsible for leaving the dog to starve, according to KTLA.
Capt. Aaron Reyes of SEAACA said the dog was known as Bosco, but officials have nicknamed him Courage. The woman who brought the animal in for treatment told officials she'd like to adopt Courage, Reyes said.
It was not known exactly how long the dog went without food, Reyes said. The dog was starving and weighed only about half of its normal weight when found.
Read more: Woman rescues shepherd left to eat only dirt - Whittier Daily News http://www.whittierdailynews.com/news/ci_14895734#ixzz0o7QvzhDA | Source: Whittier Daily News - April 15, 2010
Update posted on May 16, 2010 - 1:37PM |
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