Case Details

Chickens locked in hot car, resulting in death
Bokeelia, FL (US)

Incident Date: Sunday, Apr 16, 2006
County: Lee
Local Map: available
Disposition: Alleged

Alleged: Eusebio Perez Bernal

Case ID: 8450
Classification: Neglect / Abandonment
Animal: chicken
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A Bokeelia man faces animal cruelty charges after three chickens died because they were locked in his hot car while he shopped for groceries. According to witnesses, the three chickens flapped around and gasped for air Sunday afternoon on the floor in the car's back seat. The Ford Taurus was parked outside Cape Coral's Wal-Mart with the windows rolled up. The temperature in Lee County reached about 84 degrees Sunday afternoon, according to the National Weather Service. Police don't have an estimate of the temperature inside the car. But according to the Humane Society of the United States, temperatures in a car can reach 120 degrees within 30 minutes on an 85-degree day. That's hot enough to kill an animal from heatstroke.

Eusebio Perez Bernal, 32, of 15061 Stringfellow Road was charged with causing a cruel death, pain and suffering to an animal. If convicted of the first-degree misdemeanor, he could get up to a $5,000 fine or a year in jail. Bernal told police he'd bought the chickens from the Ortiz Flea Market and planned to eat them later. He was released from Lee County Jail on Sunday on a $500 bond.

Bernal couldn't be reached for comment Monday. His brother, Benito Bernal, said the whole thing was a simple accident. "He forgot to leave the windows down," Benito Bernal said. "He went into Wal-Mart, and when he came out the chickens had died."

Two Wal-Mart employees reported the chickens to police. The store had received numerous complaints from customers, according to the report. Wal-Mart employees paged the owners of the car over the store intercom in English and Spanish, but nobody responded. A police officer arrived at about 3 p.m. to find two chickens barely moving and panting for air on the back floorboard, and another chicken still moving around somewhat. After store employees tried paging the owners one more time, the officer broke the Taurus' small triangular back window and unlocked the door. That's when Bernal showed up and asked the officer if there was a problem, according to the report. When the officer told Bernal the chickens would die if he didn't take them out, Bernal responded, "That's OK." About two minutes later, 10 of Bernal's family members arrived with three shopping carts full of groceries. The officer told them about Florida's animal cruelty law, and the people started chuckling and saying the whole thing was funny, he reported.

Lee County Animal Services took the chickens' bodies and issued separate civil citations for animal cruelty and leaving an animal inside a stopped vehicle. The fines are $100 each, according to animal services. Police spokesman Angelo Bitsis said such animal cruelty arrests don't happen often in the Cape. "It's rare," Bitsis said, "but it's still a violation."

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References

News-Press - April 18, 2006
- April 17, 2006

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