Pet-Abuse.Com - Animal Abuse Case Details: Puppy thrown, leg broken - girlfriend beaten

Puppy thrown, leg broken - girlfriend beaten
Carlsbad, CA (US)

Incident Date: Thursday, Feb 17, 2005
County: San Diego
Local Map: available
Disposition: Convicted
Charges: Felony CTA

Abuser/Suspect: Bernabe Chacon

Case Updates: 3 update(s) available

Case ID: 3917

Classification: Throwing

Animal: dog (pit-bull)

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Abuse was retaliation against animal's bad behavior

A man suspected of hurling his puppy to the floor, breaking its leg, then battering his girlfriend was arrested on Feb 18 at his Kremeyer Circle home, police said. The 23-year-old woman escaped the house with the injured puppy on the evening of Feb 17 and called Carlsbad police.

She said her 24-year-old boyfriend had become upset with his 3-month-old puppy, raised it over his head and threw it to the floor after it had urinated on the floor. The dog's left front leg was broken, police Lt. Howard Carpenter said.

He said the couple began arguing over the incident, and that the man beat the woman. When she tried to leave the house, the man went after her until a neighbor intervened and helped her get away, with the puppy.

The dog was taken by animal-control officers for medical treatment. When police went to the house about 8:50 p.m. Thursday, the man was gone. They went back about 11:35 a.m. yesterday and arrested him on suspicion of animal cruelty and domestic battery, Carpenter said.

Case Updates

A Carlsbad carpenter facing felony charges alleging he fractured a puppy's leg and assaulted his girlfriend was placed on probation after accepting a plea bargain involving less serious charges.

Bernabe Chacon, 24, pleaded guilty June 1 to misdemeanor charges of animal abuse and domestic violence without injury. Had he gone to trial and been convicted of the felony charges, Chacon would have faced a maximum sentence of three years in prison.

He was sentenced to three years' probation, ordered to enroll in a yearlong domestic-violence counseling program and forbidden from being around animals until the counseling is completed, prosecutor Chandra Reid said yesterday.

He also was ordered to stay away from his ex-girlfriend, Emily Fisher, who kept their pets.

On Feb. 17, Chacon and Fisher were trying to train a pit bull puppy named Chiba when it urinated on the carpet. That prompted Chacon to discipline Chiba, which made the puppy whimper, Fisher testified at an earlier court hearing.

Fisher said she became upset, grabbed the puppy and another dog and left the apartment. Fisher testified that Chacon tried to physically stop her from leaving and verbally abused her, but she drove away.

At a preliminary hearing in March, a Superior Court judge dismissed the animal cruelty charge, ruling the prosecution didn't present enough evidence.

The prosecutor refiled the charges and a different judge ordered Chacon to stand trial after a second preliminary hearing in May, but that judge warned the prosecution about the weakness of evidence in the case.

Fisher's version of events changed from the time of the arrest to the second preliminary hearing.

In February, Fisher had told Oceanside police she saw Chacon lift the puppy over his head and throw it to the ground, according to court records. At the second preliminary hearing, she testified she didn't remember seeing Chacon throw the puppy.

Source: SignOnSanDiego - June 23, 2005
Update posted on Jun 24, 2005 - 9:17PM

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Chacon accused of fracturing a puppy's leg by throwing the canine to the ground for urinating on the carpet of a Carlsbad apartment must stand trial on a felony animal cruelty charge, a judge ruled May 4, 2005.

This time around, the prosecution called a veterinarian, who testified that there "had to be a fairly significant force" to cause the fracture in the 3-month-old pit bull mix.

Dr. Bruce Cauble, who oversees veterinary care at county animal shelters, also said that it would be "very uncommon" for such a dog, which has large and strong bones, to sustain such an injury simply by being dropped.

Emily Fisher, Chacon's live-in girlfriend at the time, testified that the defendant scolded and picked up Chiva after the dog wet the living room carpet.

The couple exchanged words and Chacon pushed her with his body in an attempt to keep her from leaving with Chiva and another dog, she said.

A misdemeanor battery charge stemming from that interchange was upheld by the judge in the first hearing.

Carlsbad police Officer Reid Shipley testified that "the puppy's left front paw was bent at an unusual angle" when he was flagged down by Fisher.

The dog "would cry softly and yelp if someone would touch it or move it," Shipley said.

Judge Joel Pressman said the case against Chacon was not particularly strong, but ruled there was enough evidence to schedule a June 23 trial.

The defendant also faces charges in a number of separate cases, including driving on a suspended license and failures to appear � and remains jailed.

Source: signonsandiego.com - May 4, 2005
Update posted on May 5, 2005 - 7:35AM

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A San Diego Superior Court judge dismissed the felony animal cruelty charge against Chacon. He will stand trial on a misdemeanor battery charge for the alleged attack on his girlfriend, Judge Lisa Guy-Schall ruled Tuesday.

Guy-Schall said prosecutors did not present sufficient evidence to allow her to determine the extent of the animal's injury or whether Chacon, 24, intended to hurt the dog.

Guy-Schall reduced Chacon's bail from $50,000 to $5,000. He has several other misdemeanor cases pending, including driving under the influence and driving on a suspended license.

Source: NBC San Diego - March 9, 2005
Update posted on Mar 13, 2005 - 10:44PM

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References

	SignOnSanDiego - Feb 19, 2005
	North County Times - March 9, 2005
	SignOnSanDiego - March 9, 2005
	NBC Sandiego.com - May 5, 2005
	SignOnSanDiego - May 5, 2005

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Puppy thrown, leg broken - girlfriend beatenCarlsbad, CA (US)

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Puppy thrown, leg broken - girlfriend beaten
Carlsbad, CA (US)