Kenneth Rudolph Padilla, 48, has been charged with stomping his neighbor's two pound miniature pincher puppy to death.
Anthony Maestas, the dog owner, was in his driveway when Padilla walked up and asked, "What's that?"
Before Maestas could answer, Padilla started to stomp on the dog with this big black boot.
Maestas had given the puppy, called Rico, to his four children ages 9, 10, 11 and 12 for Christmas. The puppy was the lone survivor of a litter of two belonging to Maestas' other dogs, Chico and Tiny. Maestas said, "He was a puny little thing. The kids really loved him."
Padilla apologized to Maestas and he told the officers it was an accident. Saying, "I've got big feet, I didn't even notice. The puppy must have gotten in the way."
Padilla disputed Maestas' account of the incident and said it happened on his property, not in Maestas' driveway. "The dog attacked me," Padilla said. "It came after my leg. When I kicked back, it flipped over."
Padilla says he likes animals and has a dog, two kittens and a rabbit. He was originally cited with a city ordinance violation of cruelty to animals.
The city attorney's office suggested the police re-file the case with the district attorney's office for more serious charges.
Dogs are considered personal property and the incident could come under the theft statue and, if the dog is worth $500, it could be a felony, Detective Staskin said.
The cruelty to animals charge is expected to be refiled as a misdemeanor under state law, Detective Staskin said. Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
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