A man who kicked his girlfriend's dog to death was sentenced last week to three years' probation on a misdemeanor animal cruelty charge, instead of the felony prosecutors wanted.
Adam Tafoya, 21, pleaded no contest. But later, he maintained his innocence, and said he only took the plea deal because he thought everything was against him in this case.
"I never hurt that dog," he said in a phone interview.
Tafoya must serve five days in Merced County Jail, perform 200 hours of community service at the Merced County Animal Control Center, seek mental health counseling and pay several small fines, ruled Merced County Superior Court Judge Ronald Hansen.
The prosecutor, Merced County Deputy District Attorney Thomas Cooke, said Tafoya should have received a stiffer sentence -- up to three years in prison -- because of his history of violence.
Merced County District Attorney Gordon Spencer also railed against the plea agreement, calling it an inadequate punishment for someone with a record of domestic violence.
"The death of this puppy wasn't just animal cruelty but a different form of abusing women," Spencer said.
Tafoya is on probation now because of a previous domestic violence charge, and is awaiting trial in another case on a similar charge, the district attorney's office said. Those incidents involved another woman.
Cooke said Tafoya's record suggested he was a "ticking time bomb."
Hansen declined to comment on the plea deal, and Tafoya's attorney could not be reached because the Merced County Public Defender's Office was closed for renovations.
Tafoya was charged with killing a puppy belonging to Josefina Rodriguez in their Loughborough Drive apartment on Feb. 27.
Rodriguez testified that Tafoya had hurt the dog on previous occasions, sometimes bursting blood vessels in the puppy's eyes by choking the animal. She said he told her he killed the dog the night of the incident.
Rodriguez also said she did not feel safe around Tafoya, and she said she believed Tafoya harmed the puppy to upset her.
"He didn't like the fact that I loved the puppy ... He'd always say it caused problems between us," Rodriguez told the court.
Tafoya said the puppy actually died from Parvovirus, a viral disease that causes diarrhea, depression and sudden death in some young dogs. There were no witnesses to the dog's death, he said.
Nonetheless, Tafoya said he agreed to the plea deal because he felt the odds were stacked against him.
"The county's been trying to say that I'm a dangerous person for, like, the last five years, but I haven't done anything dangerous," he said. Case UpdatesA man who kicked his girlfriend's dog to death will no longer have to complete his community service at the Merced County Animal Control Center. Animal shelter officials voiced their objections to having someone convicted of animal cruelty working around the animals.
Last week, Adam Tafoya pleaded no contest to a misdemeanor charge and was sentenced to three years' probation by Merced County Superior Court Judge Ronald Hansen, as well as five days in jail and 200 hours of community service.
But Tafoya has been reassigned from the animal shelter, said Kristi Garrett, animal control investigator, though it's uncertain where he will serve that portion of his sentence.
"We aren't geared to help Mr. Tafoya here. It's inconceivable that this would be a good thing for anyone," Garrett said. "I'm not sure where he belongs besides jail or mental health treatment."
Tafoya maintained his innocence in a phone interview Monday and said he pleaded to the misdemeanor charge because he thought everything was against him in this case. His attorney could not be reached for comment Thursday, because the Merced County Public Defenders Office is closed for renovations.
Prosecutors were seeking a felony charge and a stiffer sentence of up to three years in prison because of Tafoya's history of violence. The Merced County District Attorney's office objected to reducing the charge to a misdemeanor, and said the reduction was not part of any plea agreement that involved them.
Tafoya was already on probation because of a previous domestic violence conviction, and he is awaiting trial on another similar charge, Merced County District Attorney Gordon Spencer said. He said sending Tafoya to work with animals was a ridiculous decision.
"This guy has demonstrated he is a serial bully," Spencer said. "With a bank robber, you don't reduce his charge to a misdemeanor and you don't send him down to clean the bank."
Sending a violent offender to work with animals would not protect the victims, said Suzanne Barnard, who works for the American Humane Association. The organization's main objective is preventing violence against children and animals.
"There is a high likelihood that people who are cruel to animals can be cruel to people," Barnard said of Tafoya. "You are not protecting the future victims or getting them the help they need, either."
She was in Merced this week to speak about the link between animal and human abuse with law enforcement and animal caregivers.
According to a court transcript, Judge Hansen said he'd entertain a motion to reduce the charge as long as Tafoya accepted certain conditions.
Spencer said Hansen informed both the defense and the prosecution, in chambers, that he wanted to reduce the charges in an effort to conserve the court's resources.
But Spencer said this is the wrong defendant and the wrong case for the court to conserve its resources.
"I can't remember when this has happened before. He decided before the hearing started," Spencer said. "He enters a bargain with the defendant over our objections."
Hansen could not be reached for comment Thursday.
Merced County Presiding Judge Frank Dougherty said Hansen is a hard-working judge who processes court cases efficiently. He said if every case went to trial, the county's court system would break down within a week. | Source: Merced Sun-Star - March 18, 2005
Update posted on Mar 21, 2005 - 6:55AM |
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