The homeless man arrested in January for kicking his little black dog and flinging it in the air by its leash was convicted of one count of animal cruelty in a jury trial Monday. Francis Miller, 47, was sentenced to probation, jail time and a fine, while his Shih Tzu, Pepe, is going to a new home.
The dog cruelty happened outside the Safeway at the Crossroads Jan. 2, 2004.
Four witnesses testified against Miller, according to deputy district attorney Doug Matheson. Miller did not take the stand, and the defense brought forward no witnesses.
�We started that morning and were done at 3, and the jury announced its verdict after 15 minutes of deliberation,� Matheson said.
Monterey County Superior Court Judge Jose Velasquez sentenced Miller to three years probation and seven days in Monterey County Jail. He also ordered Miller to pay $500 to the SPCA, but it is unclear how a homeless man could comply.
As for Pepe, he will end up with a new family located by Cummins. While victimized pets in such cases are typically relocated by the court, Cummins assumed that role, instead. She was the good Samaritan at the scene of the crime who took the little dog � which was very frightened but otherwise uninjured � home.
Matheson praised his witnesses for their testimony and said he was satisfied with Miller�s sentence, given that he had no prior offenses.
�He was drunk. That�s not an excuse for doing it, but if he had been sober and doing it, that would have been much more serious,� he said. �It doesn�t justify it, but it does explain it.�
Matheson said the case resonated with him and seemed to touch the jurors as well.
�I can see why people are so sensitive about animals, and for good reason,� he said. Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
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