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Case #9142 Rating: 3.0 out of 5
Dog thrown to the ground, then through windshield
Prescott Valley, AZ (US)Incident Date: Friday, Jun 30, 2006
County: Yavapai
Charges: Felony CTA
Disposition: Convicted
Defendant/Suspect: Timothy Gonzalez
Case Updates: 2 update(s) available
Another terrible case of animal cruelty, this time in Prescott Valley. Police there say 28-year-old Timothy Gonzalez was arguing with his wife when he picked up their Chihuahua and threw it to the ground twice and then tossed him at the hood and windshield of a car, killing the dog.
Gonzalez was arrested a few hours later and was booked for domestic violence, felony animal cruelty and failure to register as a sex offender.
Case UpdatesYavapai County Superior Court Judge William Kiger sentenced Timothy Gonzalez to four years and six months in prison on Wednesday. A jury convicted him on three counts for the June 28 domestic violence incident that involved the killing of his wife's Chihuahua.
The 28-year-old Prescott Valley man will serve two consecutive prison terms of two years and three months for two Class 6 felonies of animal cruelty and criminal impersonation.
Kiger ordered the defendant to serve 174 days in jail for a disorderly conduct misdemeanor. Because Gonzalez has spent 174 days in custody, he received a credit for time served. Kiger also credited the animal cruelty sentence with 174 days.
Gonzalez will be eligible for parole after serving 80 percent of his prison time, which would be in about three years and two months.
Although probation is not available under the law in this case, Kiger said that he believes it would be inappropriate even if it were available.
Kiger found that the aggravating circumstance Gonzalez's prior juvenile record, two prior felony convictions and the fact that he was on felony probation when his actions caused harm to the victim and her family are greater that the mitigating circumstance.
He also said that his prior felony convictions enhanced the prison sentence.
As mitigating factors, Kiger listed Gonzalez's traumatic childhood, support of his family and friends and his remorse.
A Prescott Valley Police report says that on June 28, officers went to the 7100 block of Addis Drive to investigate a report of a dead dog.
When they arrived on the scene around 9 p.m., Gonzalez wasn't at home, but his wife told them that the two got into an argument.
At some point, she threatened to leave him and as she got to her vehicle, Gonzalez raised the wife's adult male Chihuahua named Eddy over his head and forcibly threw him to the ground, the report says.
He then picked the dog up, raised him over his head and threw him onto the ground again. As his wife was trying to leave in the car, Gonzalez threw the dog onto the hood of her vehicle, where the dog hit the windshield and rolled off onto the ground.
Before Kiger sentenced Gonzalez on Wednesday, the defendant asked the court to be fair.
On Monday, however, Gonzalez's lengthy apology to his wife and her family forced the judge to re-set the sentencing for Wednesday.
"I'm sorry for what happened and I'm sorry for what I did," Gonzalez told the victim on Monday. "I didn't mean to kill Eddy."
He said that he couldn't stand thought that his wife didn't love him and that she might be leaving him for good.
"I wanted to be Eddy because he was broken inside," Gonzalez added. "That was really me." | Source: Prescott Daily Courier - Dec 21, 2006
Update posted on Dec 21, 2006 - 10:14AM |
A 28-year-old Prescott Valley man faces the maximum prison term of six years after a jury found him guilty on three counts during last week's domestic violence trial involving the killing of his wife's dog.
It took the jury only 15 minutes on Thursday to convict Timothy Gonzalez on two felony counts of animal cruelty and criminal impersonation and a misdemeanor charge of disorderly conduct.
"This is a classic domestic violence case," said Deputy Yavapai County Attorney Ethan Wolfinger, who prosecuted the case.
Killing the dog was a vicious act, he said. However, it was almost incidental in comparison with what he was trying to do to his wife when she threatened to leave him, Wolfinger said.
A Prescott Valley Police report says that on June 28, officers went to the 7100 block of Addis Drive to investigate a report of a dead dog.
When officers arrived on the scene around 9 p.m., Gonzalez wasn't at home, but his wife told them that the two got into an argument.
At some point, she threatened to leave him and as she got to her vehicle, Gonzalez raised the couple's adult male Chihuahua named "Eddy" over his head and forcibly threw him to the ground, the report says.
He then picked the dog up, raised him over his head and threw him onto the ground again. As his wife was trying to leave in the car, Gonzalez then threw the dog onto the hood of her vehicle, where the dog hit the hood and the windshield, and rolled off onto the ground.
Wolfinger said Gonzalez's wife testified about the incident. In fact, the defendant questioned her about the events because he opted to represent himself during the two-day trial.
Wolfinger said the courtroom was emotionally charged.
"She really loved the dog," he said of the wife's testimony. "That was not easy to watch."
Wolfinger said Gonzalez changed his mind twice regarding his abilities to defend himself and asked his lawyer Damon Rossi for assistance. Rossi was acting as his advisory counsel during most of the trial, Wolfinger said.
Rossi declined to comment on the trial and his representation of Gonzalez, but said that the court assigned the case to him again on Friday during another proceeding.
"Currently, I'm his attorney," he said.
Gonzalez's sentencing will be at 3:30 p.m. on Dec. 18. | Source: The Daily Courier - Dec 5, 2006
Update posted on Dec 5, 2006 - 10:58AM |
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