Attorneys/Judges
| Defense(s): | Carol Fredrick | | Judge(s): | Ronald Stone |
Cat beaten, drowned to death
McMinnville, OR (US)Incident Date: Monday, Jul 26, 2010
County: Yamhill
Charges: Misdemeanor, Felony CTA
Disposition: Alleged
Alleged:
» Darnell Lee Johnson
» Adrian Bautista
Upcoming Court Dates:
» Monday, Sep 20, 2010: Johnson's pre-trial conference
Case Updates: 1 update(s) available
A pair of McMinnville teens, one being adjudicated as an adult and the other as a juvenile, have been accused of taking sadistic pleasure in torturing a cat to death.
Darnell Lee Johnson, of 1145 S.W. Cypress St., was arraigned Wednesday in Yamhill County Circuit Court on one count each of aggravated first-degree animal abuse, a Class C felony, and first-degree animal abuse, a Class A misdemeanor.
Co-defendant Adrian Bautista, 17, was already lodge in McMinnville’s Yamhill County Juvenile Detention Facility in an unrelated case by the time police finished their investigation. He will face one count of aggravated first-degree animal abuse in the new case.
Marson said the two teens trapped the animal in a sheet at a McMinnville apartment. She said they hit it, kicked it and struck it with a fire extinguisher, then drowned it in a toilet and threw the carcass in a garbage can.
She said it was an outrageous crime, and Johnson, being held in the Yamhill County Jail, had shown no remorse. She said he had laughed about it and bragged about it to others, taking delight in what he had done.
Johnson was lodged initially on $5,000 bail. However, Pre-trial Release Officer Jim VanArsdel recommended he be granted a conditional release, and Judge Ronald Stone approved it over prosecution objections.
VanArsdel said Johnson, an unemployed dropout who lives with his mother and older brother, would be subject to house arrest. He said Johnson would remain under around-the-clock supervision.
His mother works, VanArsdel said, but arrangements would be made so provide adult supervision for him when she is away.
Marson argued Johnson’s release would post a “huge public safety concern.” She cited ORS 135.240, which says: “When the defendant is charged with a violent felony, release shall be denied if the court finds ... by clear and convincing evidence, that there is a danger of physical injury or sexual victimization to the victim or members of the public by the defendant while on release.”
Both Johnson and his co-defendant admitted what they had done to McMinnville police officer Brian McMullen.
He said they had also detailed their actions to a relative, who indicated they found it hugely amusing. They were reporting “laughing and laughing” as they recounted the story.
Stone appointed McMinnville attorney Carol Fredrick to represent Johnson, who is next due in court at 1:45 p.m. Thursday, Aug. 19.
Case UpdatesWhat outrages Shannon Bills more than anything else is knowing that Tigger, the yellow and white stray cat she took in about three years ago, was apparently killed by two McMinnville teens in such a horrific and senseless manner.
Darnell Johnson, 18, and Adrian Bautista, 17, reportedly trapped Tigger in a Southeast Ford Street apartment, hit and kicked it, struck it with a fire extinguisher, drowned it in a toilet and then threw its lifeless little body into a garbage can.
“How would they like it if someone did that to them, stuffed them in a toilet,” Bills said Thursday afternoon, outside the Yamhill County Courthouse.
Johnson had just been arraigned before Judge Ronald Stone on a grand jury indictment charging him with one count each of aggravated first-degree animal abuse and first-degree theft, both Class C felonies, and first-degree animal abuse, a Class A misdemeanor.
Bautista, who also has another criminal case pending against him, has been charged with one count of aggravated first-degree animal abuse. Because he has not yet turned 18, his case is being adjudicated through the county juvenile department where he is in custody.
Sign-carrying animal rights advocates began gathering in front of the courthouse about noon, more than an hour before Johnson made his brief court appearance. His court-appointed attorney is Carol Fredrick of McMinnville, but she could not appear with her client, so staff attorney Janmarie Dielschneider of McMinnville stood in for her.
On Fredrick’s behalf, Dielschneider asked that the case be continued for at least a month. Deputy District Attorney Alicia Eagan raised no objection, so Stone scheduled Johnson’s first trial report conference for 3 p.m. Monday, Sept. 20.
Johnson was lodged in the Yamhill County Jail on $5,000 bail at the time of his arrest in late July. Stone later approved his conditional release, placing him on 24-7 house arrest and ordering him to have no association with pets.
However, Bills said she doesn’t believe Johnson is conforming to his house arrest status. She said she had seen him “walking the streets,” and had passed him in a convenience store.
In addition, Eagan told the court there is a pet in the residence of Johnson’s grandfather and mother, where he is currently staying. Stone responded to that by saying Johnson will have to return to jail, or find a new place to live, if the pet is not removed.
After the hearing, Pre-trial Release Officer Jim VanArsdel spoke with Johnson and his mother in a hallway outside the courtroom.
Some of the protesters filed into the courtroom for the hearing. Three of them were wearing T-shirts reading “Salem Friends of Felines.”
Outside the courtroom, emotions got so heated VanArsdel had to warn one protester against engaging in taunting.
Antoinette Marcel of McMinnville organized the protest, which drew enough participants to line half the block. She said it had two goals " to call attention to animal abuse as a growing problem and to demand the court to take a tough stand against offenders.
“I think it went well,” Marcel said. “There was a lot of communication between people. Some people got to say what was in their hearts. People are drawing the connection between this and violence against people. People are aware of that now, and that’s very, very important.”
Bills, who participated herself, said she and Tigger shared a close bond. An outdoor cat, she would park herself on Bills’ car at night and follow her around when she came out of her apartment.
Bills described Tigger as her “shadow.” She said she just hopes Johnson and Bautista learn an important lesson from what’s happened.
She said Tigger was tortured to death three doors down from her apartment. She said people were constantly coming and going from that unit.
Johnson did not live there. He was living at 1145 S.W. Cypress St. at the time of his arrest.
When she learned Tigger’s body had been thrown into the trash, she asked a neighbor to retrieve it. She knew it wasn’t something she could do herself.
The protesters showed up with signs to get their point across. The largest one read, “Abusers expose the most defenseless to abuse and they move along the continuum.”
Brian Carlson of McMinnville, who was accompanied by his dog, Blue, stood to one side of the sign. Blue was a rescue dog who came from a “bad situation,” he said.
Carlson described Blue as a gentle dog who’s living a good life these days, saying.
“He’s king of the mountain where we live.”
He said he came to the protest because when people stop caring about animal abuse, we’re all in trouble. He said the situation saddens him and moves him to help be a voice for animals everywhere. They can’t speak for themselves.
Carlson said he wants to see animal abuse cases prosecuted firmly. If they are, people will pay closer attention to the issue, he said.
Another sign read, “Dahmer & Gacy started this way, too. Stop them before they stop you.”
Jeffrey Dahmer and John Wayne Gacy were convicted serial killers.
Messages included, “First animals then humans,” “Be tough on animal abuse,” “No leniency for animal torture,” “Don’t kill cats,” “Prison for animal abusers,” “Maximum sentences for animal abuse,” and (Columbine killers) “Eric Harris and Dylan Klebold tortured cats.”
At the time of Johnson’s initial arraignment, Deputy District Attorney Amanda Marson said he had not only shown no remorse, but had joined his companion in laughing and bragged about his actions to others.
Christopher Dolman of McMinnville said that appalled him. He said Johnson and Bautista seemed “impressed” by what they had done to Bills’ cat, and individuals like the two should be punished severely.
Dolman said he doesn’t feel animal abuse is taken seriously enough by the general population. He said he wanted to do something to bring public attention to the issue.
“We care about animals,” said Emily Lux of Forest Grove. “This is serious. It escalates. These two need help to be better people.”
Lux continued, “It’s terrifying to think that they thought this was funny. They laughed and told other people about it.”
She said she would recommend harsh sentences for Johnson and Bautista when their cases are adjudicated. She said there have to be consequences for their actions, and stiff sentences would serve as a wake-up call.
“God bless the animals,” said Marcia Awoldt of McMinnville. “My husband (Ralph McNicholas) and I love animals.
“We took a two-week-old kitten in that’s six weeks old now and ready for a new home. We have one dog and just had to put another one down.”
Marcel said she will not be organizing future protests, but said some people had expressed an interest in returning to the courthouse for Johnson’s next scheduled appearance, at 3 p.m. Sept. 20.
“There are people who want to take it further and come back,” she said. “I’ll support them. I’ll bring my sign.” | Source: News-Register.com - Aug 23, 2010
Update posted on Aug 25, 2010 - 3:12PM |
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