Throwing dog into wall killing it
Albuquerque, NM (US)Incident Date: Friday, Jan 9, 1998
County: Bernalillo
Disposition: Alleged
Alleged: Vince Chavez
A South Valley man accused of killing a puppy by hurling it against a wall could become one of the first people prosecuted under a recent state law that makes it a felony in some cases to abuse animals. Vince Chavez, 26, was arrested Thursday on a charge of extreme cruelty to animals, one of the few times a Bernalillo County resident has been charged with the fourth-degree felony, sheriff's department Lt. Allan Rider said.
"It's not real common, but this is a particularly gruesome case," he said. So seldom has it been used since becoming law in 1999 that Metro Court, where criminal complaints are filed after arrest, does not have the statute programmed into its computers. "The law is still in its infancy," said Michele Rokke, spokeswoman for Animal Protection of New Mexico, an advocacy group that helped push for the legislation, which upgraded extreme animal cruelty from a misdemeanor to a felony.
Chavez is accused of threatening to kill his girlfriend in an argument over "a money situation" at her South Valley home Thursday evening, a Metro Court criminal complaint states. The girlfriend said she locked herself into the bedroom after Chavez told her, "If you keep this up, one of these days I'll kill you," the complaint states.
The complaint further states:
Chavez kicked in the bedroom door, breaking the door jam. He then picked up the 6-week-old puppy and told his girlfriend he was leaving. But as he got to the door to leave, he said "Keep your puppy" and then flung the pup about 20 feet, slamming it against a wall.
The puppy was dead by the time sheriff's deputies arrived.
Chavez was booked into City-County Jail but was released Friday morning pending grand jury proceedings in the case. Chavez has a history of domestic violence, especially toward the same girlfriend, according to Metro Court records.
On Jan. 9, 1998, Chavez was charged with aggravated battery against a household member in connection with an incident involving his girlfriend. Metro Court records indicate that he was sentenced to community service and six months of probation, both of which were completed successfully.
On June 1, 1999, Chavez was charged with battery against another male. That charge was dismissed because state prosecutors were not prepared, records indicate. But the next day, Chavez was again charged with domestic violence, this time against the same girlfriend. Chavez served 180 days in jail and was sentenced to community service and six-months probation, all completed successfully, records show.
Domestic violence and animal cruelty are often entwined, Rokke said. "Abusers often use the pets to control the victims," Rokke said. "They threaten to harm the victim by harming the animal." Calls to the girlfriend's phone number listed on the complaint were not returned. Although Rokke's organization has not been formally tracking cases of felony animal cruelty since it became law July 1999, Rokke said she has not heard of many of people being prosecuted under the statute.
Nor does she believe anyone has yet to be convicted under the statute. That's because it is often hard to track the culprit of the abuse, said Bob Hillman, manager of Albuquerque Animal Services. "We take cases of animal cruelty very seriously and we investigate them to the best of our ability," Hillman said. "But so far we've not been able to make any stick. We either can't gather enough evidence or the person who did it has spirited away." Hillman said city animal services officers have filed about three or four extreme animal cruelty charges in Albuquerque. So far, none have made it to trial, he said. Extreme cruelty is defined by state law as "intentionally or maliciously torturing, mutilating, injuring or poisoning an animal or cruelly killing an animal."
If convicted, Chavez could face 18 months imprisonment and a $5,000 fine. The law also says the court may order convicted persons to participate in cruelty to animal prevention programs and to obtain psychological counseling. If convicted they must pay for the cost of each. References- Albuquerque Tribune Newspaper - author: Joline Gutierrez Krueger
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