Case Snapshot
Case ID: 19284
Classification: Unclassified
Animal: dog (non pit-bull)
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Saturday, Feb 11, 2012

County: Santa Clara

Disposition: Alleged

Alleged:
» Name Undisclosed
» Name Undisclosed
» Name Undisclosed

Case Updates: 1 update(s) available

The 32-year-old San Jose man held back tears Sunday, devastated after his beloved seven-pound Yorkshire Terrier named Shadow was killed while trying to protect him from a beating by three street thugs.

"All I saw was a big puddle of blood," said the man named "Miguel," who didn't want his last name used for fear of further retaliation. "I can't believe this is happening."

The shocking incident, investigated by police and witnessed in parts by several people, happened quickly early Saturday afternoon.

As Miguel recounts it, he was walking his Yorkie to the corner of Winchester Boulevard and Colonial Way beside the Salvation Army store when the three young men approached. They had been helping with a car wash across the street, raising money for the funeral of a friend who had been killed earlier this month.

"Are you a gang-banger?" they asked.

Miguel was wearing a red sweater and a Boston Red Sox ball cap, but denied any gang ties. He is a flooring installer.

"All I wanted was to get my dog out of there," he said. "I didn't care about them hurting me."

Not only was Shadow his constant companion for six years, but he credits the dog with helping him overcome drug addiction. "Just being able to come home to him filled that void, whatever was missing. The dog gave me that love."

Some of his friends joked that such a big guy had such a little dog, but Miguel didn't care. They went everywhere together. If a store didn't allow Shadow inside, "I wouldn't go to that store," Miguel said. He called the dog "Shadow Wado" and wore a T-shirt with the dog's picture on it. Another picture of the tiny brown-haired Yorkie serves as Miguel's phone screensaver.

During Saturday's attack, Miguel remembers tripping on the sidewalk and falling face first as he tried to run away. When he fell, he said, the men who appeared to be in their 20s began punching and kicking him.

"I didn't want to let the leash go," he said, but it fell from his hands when he hit the pavement. At some point, Shadow's furious barking stopped. Out of the corner of his eye, Miguel saw Shadow lying limp on the sidewalk.

"I think he got trampled or stomped on purposefully," said Miguel, who didn't witness the attack on his dog.

After Miguel managed to push off his attackers, they fled, and Miguel rushed to his dog's side. Miguel's forehead was scraped, but blood poured from his dog's mouth and ears.

The man picked up his dog, cradled him in his arms and cried.

On Sunday, several witnesses who had been selling Valentine's Day flowers across Winchester Boulevard the day before, said they saw the commotion from a distance.

One witness said he watched four men, not three, returning to the car wash, laughing, shaking hands, and holding the Red Sox ball cap like a trophy.

"The boys at the carwash ran through the street. They got the guy and started beating him," said the flower vender, who didn't want to give his name for fear of reprisals. "They took his red hat and they brought the hat back. The guy stayed there. He had a puppy in his hands."

Within minutes, the 30 or so volunteers helping with the makeshift car wash in a restaurant parking lot on Winchester and Impala Way disbanded. Earlier, witnesses say, they had been waving signs with a photograph of Ramon Ruano, 20, who was shot and killed Feb. 5 in San Jose. They were asking for donations to pay for the funeral.

"I didn't see the fight, but I just saw them running in all sorts of directions," said another flower seller, who also declined to be identified. "Then they were all gone and never came back."

Police arrived at the scene shortly thereafter, she said, and interviewed her and several others. Animal control officers, who could not be reached Sunday, also interviewed Miguel.

San Jose Police Sgt. Jason Dwyer said Sunday the department is "willing to help animal control services in any way we can to catch the people responsible for this. Animal cruelty is a serious crime. If someone were to do that to my dog, I'd feel in a similar manner."

Miguel's mother and brother gathered at his apartment Sunday to try to comfort him. Miguel was in such shock at the death of his dog, he brought Shadow's body home from the vet Saturday and kept it next to him on the couch overnight. Miguel planned to have the dog cremated later Sunday.

"I've never seen someone love a pet so much," said Miguel's mother, Laura Rojas. And Shadow, she said, "was so protective. He had the heart of a lion."

Anyone with information can contact Capt. Jay Terrado of San Jose Animal Care and Services at 408-794-7270. Those wishing to remain anonymous can call Silicon Valley Crime Stoppers at 408-947-STOP (7867).

If you have information on this case, please contact:
Silicon Valley Crime Stoppers
408-947-STOP (7867)


Case Updates

Three reputed teenage gang members accused of attacking a San Jose man in February and killing his 7-pound Yorkshire terrier will not be charged as adults.

Two 15-year-old boys and a 16-year-old boy were initially charged with assault with a deadly weapon and robbery, with a gang enhancement, in the assault on a 32-year-old San Jose man. Santa Clara County prosecutors Thursday announced they have also charged the boys with cruelty to animals, stemming from the dog's death.

"I think it's very clear they were not intending to harm the dog but rather the victim," said prosecutor Chris Arriola, who supervises juvenile cases. "The dog was in fact killed during the attack, and therefore, they're responsible."

In determining whether to charge teens as adults, a team of supervising prosecutors "takes all factors into consideration," including the severity of the crime, the age of the defendants, their juvenile history and whether they can be treated fairly in the juvenile system, Arriola said.

"We did review this case and found it appropriate for juvenile court," Arriola said.

Shortly after the attack last month, the man told this newspaper that he was walking his dog, Shadow, to the corner of Winchester Boulevard and Colonial Way beside the Salvation Army store when the three young men approached. The teens had been helping with a carwash across the street, raising money for the funeral of a man killed earlier in the year.

The boys asked if he was a gang member and then began punching and kicking him, the victim said.

He said he was wearing a red sweater and a Boston Red Sox ball cap, but the flooring installer denies any gang ties.

When the attack was over, the man rushed to his dog's side. Blood poured from the animal's mouth and ears.

One witness said he saw three teens returning to the carwash, laughing, shaking hands and holding the Red Sox cap like a trophy.

Witnesses say a group had been waving signs with a photograph of Ramon Ruano, 20, who was shot and killed Feb. 5 in San Jose. They were asking for donations to pay for the funeral.

"What's important about this case is the good work the police department did to track these minors down, who committed a very serious offense against this man, basically for wearing red out on the street," Arriola said.

The teen suspects are entitled to a juvenile court trial, where their guilt or innocence will be determined by a judge, not a jury. If convicted, the teens could be placed in a boys ranch, a group home setting or in-community program, Arriola said.

In the adult system, it's jail or prison, Arriola added.
Source: mercurynews.com - Mar 8, 2012
Update posted on Mar 9, 2012 - 12:00AM 

References

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