Cat hanged San Mateo, CA (US) Incident Date: Wednesday, May 7, 2003 County: San Mateo Local Map: available Disposition: Convicted Abuser/Suspect: David Karl Schappert

Case ID: 3712 Classification: Hanging Animal: cat View more cases in CA (US) Animal was offleash or loose Login to Watch this Case

The fatal hanging of Jou-Jou the cat was not premeditated, according to a judge who scratched felony animal abuse charges against David Karl Schappert and let the San Mateo man plead no contest to a lesser charge.

Schappert, 47, escaped a jury trial yesterday when � 30 minutes before opening statements � prosecutor Joe Cannon realized he could not prove beyond a reasonable doubt how Jou-Jou ended up dangling from a blue necktie on her owner�s fence.

Looking at crime-scene photos of the 10-year-old domestic black cat hanging from the fence, the sister of Jou-Jou�s owner realized it was near a favorite scratching post. Maybe the cat had accidentally hung herself, she postulated.

Cannon agreed to let Schappert plead no contest to misdemeanor animal neglect. He must serve 100 hours of community service at a pet rescue organization. He was ordered to pay a $100 restitution fine but no specific restitution was assigned for the cat itself.

�The thought this cat was murdered is withdrawn and is no longer a viable suggestion,� said Judge Joseph Bergeron.

If not for the last-minute glance at the scratching post, the trial would have likely gone forward with unforeseen consequences, said defense attorney Phil Barnett.

�This should teach us as lawyers that we may think we know what happened but it isn�t always true,� Barnett said.

The District Attorney�s Office offered Schappert a plea bargain with six months in jail but the Hacienda Street resident refused to admit a crime he claims he didn�t commit.

Schappert admits yelling at the cat after she sauntered into his home and hid behind his television. He said he tried prodding her with a rubber spatula and a newspaper. He said he considered getting a rope out of his Pacific Gas and Electric truck outside but thought it was dangerous. He said he compromised on a necktie, looping it into a slip knot and dangling it over the top of the television.

Schappert said he nabbed the cat, who was highly agitated and fled. He said he watched it run out the door, underneath his truck and assumed her owner would remove the long tie when the cat went home. Two hours later, police knocked on his door asking why he strangled his neighbor�s cat and purposely hung it on her back fence.

�I was mortified,� he said after the hearing, pointedly not wearing a tie. �It was terrifying to me. It�s so against my nature to harm an animal.�

Schappert also worried serving jail time, if convicted, would cost him his job.

Barnett and Schappert theorized the cat accidentally hung herself when trying to reach the scratching post. After finding the cat, Jou-Jou�s owner told police and Peninsula Humane Society officials she heard Schappert yelling at her pet earlier. She put two and two together and figured he purposely killed her beloved animal although the neighbors of 15 years had no earlier animosity.

A PHS veterinarian performed a necropsy on Jou-Jou and pronounced strangulation as the cause of death. Schappert denied seeing the cat but recanted three weeks later under police questioning, prosecutor Joe Cannon said.

The case of animal cruelty seemed in the bag � until the last-minute review of the photos raised the scratching post.

�We feel that this portion of the offense could not be proven beyond a reasonable doubt,� Cannon said.

The resolution was a huge relief for Schappert who not only faced a felony conviction but also the loss of his 25-year job with PG&E if sent to jail beyond his 11 weeks of vacation time. Schappert also couldn�t face being labeled a cat killer because he said he loves animals and even rescued a black-and-white stray in East Palo Alto four months ago.

Jou-Jou�s family moved from the neighborhood but Schappert said it was completely unrelated to the cat�s death. In the future, if any feral cats wander behind Schappert�s television, he said he will ask for help moving the appliance rather than the animal.

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References

	The Daily Journal - Feb 2, 2005
	ABC News
	The Daily Journal - Feb 3, 2005
	San Jose Mercury News
	San Mateo Daily Journal - Feb 5, 2005

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