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Case ID: 16639
Classification: Choking / Strangulation / Suffocation, Kicking/Stomping
Animal: dog (pit-bull)
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Drugs or alcohol involved
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Attorneys/Judges
Prosecutor(s): Eugene Farish
Judge(s): John Wilder


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CONVICTED: Was justice served?

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Case #16639 Rating: 2.5 out of 5



Puppy bloodied and choked on chain
Monte Vista, CO (US)

Incident Date: Tuesday, Oct 12, 2010
County: Rio Grande

Disposition: Convicted

Defendant/Suspect: Michael Lee Villalba

Case Updates: 1 update(s) available

A Monte Vista man who allegedly became intoxicated and abused his puppy faces aggravated cruelty to animals charges in connection with the incident.

Reports from the Monte Vista Police Department indicate that a citizen called in a complaint at about 9:48 p.m. Oct. 12, stating that a male, dressed in a white shirt and white pants, was kicking and hitting a dog while walking near Ski-Hi Park on Sherman Ave., and had been dragging it, possibly in the belief that it was dead.

Patrolman Lawrence Becktold responded late Tuesday and reportedly observed a male, later identified as Michael Lee Villalba, 31, holding onto a length of chain and dragging a small, brown and white pit bull puppy.

"I observed that the puppy was still alive and was flat on the ground, using its four legs and paws to try to stop the male from dragging it," Becktold reported.

Becktold got out of his vehicle and ordered Villalba to place his hands on the front of the patrol car. Villalba allegedly didn't comply until another officer arrived, the report said.

Villalba was eventually handcuffed and placed into the rear seating area of Becktold's patrol car, and the officer reported that he observed blood on Villalba's shirt, pants and shoes.

In the meantime, the puppy had hidden under the patrol car. When it was finally retrieved, the responding officers took control of it and attempted to remove the chain, which was very tight around the puppy's neck.

After the chain was removed, the small dog was wrapped in a blanket and transported to the police station. Becktold photographed the puppy's injuries and contacted Curtis Crawford, DVM, at Alpine Veterinary Clinic.

Dr. Crawford said the puppy appeared to have been choked "pretty hard" and that the white portion of its eyes was bloody, consistent with being choked.

He examined the wounds on the puppy's legs and paws and said the animal appeared to have been dragged for "quite a while." All four of the dog's feet were bandaged and he was given pain medication and antibiotics.

Villalba reportedly was combative and had to be secured to the booking room wall.

His blood alcohol content reportedly tested at 0.234.

He was advised of his charges and bond was set at $200. He was placed in a cell and given the opportunity to use the telephone.

Villalba was advised Wednesday afternoon by Municipal Judge John Wilder, who released him on his own recognizance, but would not return the dog until the charges were settled in court.

The injured puppy was taken to the Conour Animal Shelter and Villalba was told he would be charged $10 a day until his court date at 8 a.m. Nov. 10, or he could relinquish the dog and it would be put up for adoption.


Case Updates

After entering a guilty plea to charges of aggravated animal cruelty charges. Michael Lee Villalba, 31, of Monte Vista, Wednesday saw and heard all the evidence held against him in a four-hour sentencing hearing.

Villalba was charged with aggravated animal cruelty in connection with the abuse of a pit bull puppy he had on a leash the night of Oct. 12, 2010.

Municipal Prosecutor Eugene Farish called an array of witnesses and then outlined reasons why Judge John Wilder should sentence Villalba to the maximum allowed under the law.

While Farish argued for 90 days in jail, a $1,000 fine and restitution for expenses related to the treatment and housing of the puppy, Wilder reduced the jail time to 60 days of work release time if it could be arranged with authorities in Alamosa, where Villalba is employed.

Wilder did levy the $1,000 fine and ordered Villalba to pay all the costs involved with the dog, including veterinary bills, cost of medication and shelter for the dog from Oct. 12 to the date of sentencing, an adoption fee to give the puppy a new home and costs relating to forfeiture of the dog.

Villalba will now have to report to the court when payments are made toward restitution and the fine, Farish said.

It was estimated in October that, after all the puppy's wounds were healed, it would cost $10 a day to house and feed the animal, which was placed in foster care outside the area.

Facing a capacity crowd in Monte Vista Municipal Court, Villalba heard an eyewitness tell what he saw late Oct. 12 when he observed a man dressed in white kicking, hitting and dragging a small dog near Ski Hi Park.

He also heard Monte Vista Police Officer Lawrence Becktold testify that, when he contacted Villalba, the puppy was flat on the ground, using all four of its legs and its paws to try to stop the man from dragging it.

Villalba had reportedly tripped over the dog, kicked it, yanked it by a chain he had fastened around its neck and dangled it approximately three feet above the ground.

The small dog, estimated to be between five and eight weeks old, survived, but was later found to have its nails ground completely off, along with its footpads and the skin from its legs. It also had eye damage from having been choked.

After the chain was removed, the puppy was wrapped in a blanket and taken to nearby Alpine Veterinary Clinic for treatment.

Dr. Curtis Crawford, DVM, reported that the injuries were consistent with the puppy having been dragged for some distance. All four of the small dog's feet were bandaged and he was placed on pain medication and antibiotics. It also had symptoms in both eyes in connection with suffocation.

Crawford told the court to imagine how such injuries would feel to a human being.

Villalba was observed to have blood on his clothing and reportedly was combative when he arrived at the police station, where he had to be secured to the booking room wall.

His blood alcohol content was well above the level of legal intoxication.

That intoxication was cited by Villalba's mother as a partial explanation for her son's actions as she asked the court to allow her son to work and keep his job.

According to Farish, Villalba admitted he had done the wrong thing and told the court that there was no excuse for his conduct.

Farish said there have been several animal cruelty cases in Monte Vista during the past year or so, but this was one of the most "aggravated" cases he had ever handled in municipal court.

"There was absolutely no excuse for this," Farish said.
Source: alamosanews.com - Jan 7, 2011
Update posted on Jan 9, 2011 - 10:42AM 

References

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