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CONVICTED: Was justice served?
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Case #897 Rating: 5.0 out of 5
Kitten thrown against a plate-glass door
Naples, FL (US)Incident Date: Wednesday, Jun 23, 1999
County: Collier
Disposition: Convicted
Case Images: 2 files available
Defendant/Suspect: David J. Abt
Angie Sterling and her boyfriend were trying to find a home for a 6-week old kitten named Boots outside a Publix supermarket at the Crossroads shopping center on Pine Ridge Rd. Abt grabbed the kitten and threw it against a plate-glass door. The kitten was in a coma and severely injured but recovered. The veterinary staff named Boots while he was recovering.
Witnesses chased Abt, age 35 and beat him. He was arrested, went to court on animal cruelty charges and was sentenced to a suspended sentence of a year in jail and 2 years probation in July 2000. Abt of North Naples pleaded no contest to animal cruelty and stated he doesn't remember throwing the kitten into the glass door as he was under the influence of alcohol. Assistant State Attorney Dave Scuderi had requested that Abt be sentenced to three years in prison.
Under the terms of his probation, Abt must attend Alcoholics Anonymous meetings twice a week, complete 50 hours of community service, be open to random drug tests, and not take any drugs or drink. He was also ordered to pay $253 in court costs and $72 investigation cost.
In June 2001, Abt and his attorney requested that his probation be reduced so that he could schedule out of state travel that came with a job he has. The prosecutor argued against the reduction stating the sentiment was that Abt got off easy a year earlier. The judge did not grant the request. Abt could have been given 5 years in prison on the animal cruelty charge.
James Oddo a State Probation Officer spoke on Abts behalf at the hearing stating that the request was being debated only because an animal was injured. Oddo stated that Abt was being cooperative and "If this was a person who was a victim, we wouldn't be here".
Boots suffered serious injured to his head -- including an eye injury and was in a coma. The community pitched in to help pay for his veterinarian bills. Janice Rudolph, president of Friends of Gummi, an organization that specializes in orphan kitten rescue and adoption adopted boots. References« FL State Animal Cruelty Map
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