Case Details

Cow struck by vehicle during herding attempt
Miramar, FL (US)

Incident Date: Wednesday, Mar 15, 2006
County: Broward
Local Map: available
Disposition: Convicted
Charges: Misdemeanor

Abuser/Suspect: Roberto Cruz

Case Updates: 2 update(s) available

Case ID: 7693
Classification: Vehicular
Animal: cow
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An urban cowboy used his van to herd cattle in a Miramar pasture on the afternoon of March 15, injuring one cow that was struck several times from behind, police said.

It was feeding time, and Roberto Cruz, of Hialeah, told police he was trying to steer the herd toward the food, said Miramar police spokesman Bill Robertson.

Cruz, 52, got behind the wheel of his red, full-size van and started rounding up the 15 to 20 cows, Robertson said.

A woman on her way to work happened to drive by as Cruz bumped one bovine, Robertson said. Cruz hit the animal three times, he said.

"She did the right thing and called us," Robertson said.

Officers found a limping cow, its right leg apparently injured, in the field just south of Miramar Parkway and east of Red Road about 11 a.m., Robertson said.

Cruz denied hitting the cow, but Robertson said evidence supported the witness' statement.

Cruz was arrested and charged with one felony count of animal cruelty.

As for the cow, Broward sheriff's deputies on horseback responded to round it up. The cow was loaded into a trailer and taken to a Fort Lauderdale veterinarian for treatment.

Case Updates

A Broward judge on Friday sentenced a Hialeah cattle farmer to probation and community service for animal neglect.

Roberto Cruz, 53, went to trial earlier this month accused of herding cattle in a Miramar pasture with his van and intentionally ramming and injuring one of the cows.

Jurors acquitted Cruz of felony animal cruelty, instead convicting him of a misdemeanor, punishable by up to 364 days in jail. A felony conviction could have resulted in a five-year prison sentence.

A witness told jurors she saw Cruz hit the animal three times, defense attorney Rick Hermida said. But the cow's injuries were not consistent with being hit by a vehicle, Hermida said.

The bovine suffered from a chronic hoof disease, which made it limp, Hermida said. The cow was eventually euthanized. Cruz, who owns 182 head of cattle, would not intentionally harm any of his animals, Hermida said, adding that no other cows in Cruz's herd were injured or malnourished.

"This is the man's livelihood," Hermida said. "Why would he hurt his own cow?"

Prosecutor Liliana Rinc�n said an unlicensed veterinarian treated Cruz's cattle.

"If she had been treated earlier, she could have been saved," Rinc�n said. "The jury found from the evidence that this man was irresponsible in his actions. He neglected this animal."

She asked the judge to impose a sentence that would better serve society than jail time. She recommended 12 months probation, community service and a $5,000 donation to the Wildlife Care Center.

Circuit Judge Andrew Siegel went along with Rincon's suggested sentence, except for the donation. He ordered Cruz to serve 208 hours of community service to be served four hours a week at either the Broward Humane Society or the Wildlife Care Center in Fort Lauderdale.

"The whole idea is to give Mr. Cruz a better understanding of how animals are to be cared for," Siegel said.

Kimberly Hale, president of the Florida League of Humane Voters, who attended the sentencing, was dissatisfied with Cruz's sentence.

"This is very disappointing if all he has to do is volunteer four hours a week," she said.
Source: Sun-Sentinel - May 25, 2007
Update posted on May 29, 2007 - 3:51PM 
Court records indicate Roberto Cruz was found guilty on one count of felony animal cruelty for deliberately hitting several of his cows with his van in March 2006.

His sentencing is currently scheduled for Friday, May 25th at 1:30 p.m. at the Broward County Courthouse at 201 SE 6th Street, Fort Lauderdale, FL 33301.
Source: Broward County case# 06004426CF10A
Update posted on May 23, 2007 - 6:44PM 

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References

Sun Sentinal
Miami Herald - March 16, 2006

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