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Case #406 Rating: 3.3 out of 5
Decapitated and staked German shepherd
La Habra, CA (US)Incident Date: Monday, Jun 10, 2002
County: Orange
Disposition: Convicted
Defendant/Suspect: James Andrew Abernathy
Case Updates: 3 update(s) available
A man accused of killing and mutilating his dog to impress his girlfriend could face life in prison under the state's three-strikes law, prosecutors said.
James Abernathy, 40, of La Habra appeared in Orange County Superior Court on Tuesday. Prosecutors plan to pursue the animal cruelty case as a third strike against Abernathy, who has twice been convicted of aggravated assault. He could face 25 years to life.
Authorities said Abernathy used a collection of swords and knives to decapitate his German shepherd, Marie, in January. A wooden stake had been pounded into its chest and pruning shears were found near the dog's neck, police said.
Abernathy walked over to his neighbor's house and said he needed psychiatric help, authorities said. The neighbor then called his police.
"He admitted to killing his dog after he had an argument with his girlfriend," La Habra Police Capt. John Rees said.
Abernathy was taken to a psychiatric hospital for observation and later transferred to jail.
Family members said Abernathy has shown violent behavior before, including pointing a gun at his sister's head. George Abernathy, the defendant's father, said his son was trying to impress his girlfriend by killing his dog.
"He loved this dog, and he was trying to prove to this girlfriend he just met that he loved her so much he could kill his dog for her," he said. "If putting him in prison for 25 years to life is going to prevent him from hurting some innocent person, that's OK with me."
Case UpdatesAbernathy was sentenced Friday to 25 years to life under the state's three-strikes law. He was convicted in June of felony animal cruelty for killing the dog, named Marie, after a fight with his girlfriend.
Abernathy would have faced a maximum of six years if not for two prior convictions in 1986 for assault with a deadly weapon.
"The community is much safer after the judge's ruling," said Deputy District Attorney Heather Brown.
Defense lawyers claimed Abernathy suffered from schizophrenia and psychotic delusions. The judge, however, ruled he was sane at the time of the January 2002 violence.
"In the two years I've known him, he's been on anti-psychotic medication and he's probably one of the calmest, most rational, pleasant people I've ever dealt with in this system," said Abernathy's attorney, William Morrissey.
He must serve at least 20 years before he becomes eligible for parole, Brown said | Source: CNN - Oct 8, 2004
Update posted on Oct 9, 2004 - 12:07AM |
Judge finds convicted dog killer sane after hearing testimony
A 42-year-old La Habra faces a life in prison for killing his dog after a judge on Wednesday rejected an insanity claim that the man heard voices saying the animal was evil, a prosecutor said.
Superior Court Judge Kazuharu Makino found James Abernathy was sane when he killed the German shepherd after his girlfriend broke up with him, said Deputy District Attorney Heather Brown.
Makino, in a non-jury trial, convicted Abernathy on Thursday on felony animal cruelty charges in the Jan. 27, 2002 killing.
Abernathy, who previously was convicted twice in 1986 for assault with a deadly weapon, is scheduled to be sentenced July 23, 2004.
Brown said she will ask the judge for the maximum sentence under California's "three strikes" law.
Brown said Abernathy was diagnosed as a paranoid-schizophrenic when he was in the military. But she said he claimed to be crazy to avoid prosecution after being caught trying to blow up his sergeant in a dispute over a girl.
Brown said her expert was Dr. Ernani D'Angelo, who testified the man's relatives said he killed animals when he was younger and put them in the refrigerator for his stepmother to find.
D'Angelo said Abernathy committed violent crimes under the influence of alcohol or drugs, Brown said.
"He was drunk and angry, but he wasn't insane," Brown said. "He knew what he was doing, and he knew that it was wrong." | | Update posted on Jun 28, 2004 - 3:58PM |
He was convicted Thursday, June 3, 2004, of killing and beheading his dog after an argument with his girlfriend, and could face life in prison under the state's three-strikes law.
Orange County Superior Court Judge Kazuharu Makino in a non-jury trial found James Abernathy, 42, guilty of felony animal cruelty for killing the German shepherd he had named Marie.
Defense attorney William Morrissey said Abernathy is schizophrenic but was not taking any medication at the time of the dog's killing.
At trial, Abernathy's next-door neighbor said he showed up at her door Jan. 27, 2002, and told her he'd killed his dog after fighting with his girlfriend.
"He was very upset," Traci Healy said. "He was crying. He was shaking, kind of rocking back and forth. He seemed very distraught."
Healy's mother called police, and Abernathy was taken to a hospital, where he told doctors he heard voices in his head, Morrissey said.
Psychiatric testimony was scheduled to begin Monday. If he is determined to be sane, Abernathy faces 25 years to life in prison because the killing would be a "third strike" conviction.
He twice has been previously convicted of assault with a deadly weapon. | | Update posted on Jun 4, 2004 - 1:46PM |
References- Mercury NewsSacramento Bee
- San Diego Union Tribune
- The Los Angeles Times
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