Pet-Abuse.Com - Animal Abuse Case Details: Ostrich shot 7 times

Ostrich shot 7 times
Half Moon Bay, CA (US)

Incident Date: Tuesday, Oct 31, 2006
County: San Mateo
Disposition: Convicted
Charges: Felony CTA

Abusers/Suspects:
» Timothy McKevitt
» Jonathan Michael Sterling Porter

Upcoming Court Dates:
» Friday, Oct 5, 2007: sentencing hearing

Case Updates: 10 update(s) available

Case ID: 9980

Classification: Shooting

Animal: bird (other farmed)

View more cases in CA (US)

Drugs or alcohol involved

Two young men could be arrested today on felony animal cruelty charges for fatally shooting a 300-pound ostrich seven times at a Half Moon Bay ranch on Halloween morning.

The 19- and 20-year-old men allegedly confessed to the ostrich�s owner on Nov 5 that they shot the 10-year-old bird in self defense while trespassing on the private property. Owner Karen Schmidt turned the information over to the Sheriff�s Office, which continues to investigate the case.

The names of the two are not being released since they have yet to be arrested.

Sheriff deputies believe the ostrich, named Gaylord, was killed at approximately 1:40 a.m. Oct. 31 when a neighbor report hearing �several consecutive shots fired.� The next day seven shell casings belonging to a rifle and a shotgun were found next to the dead ostrich, said Lt. Lisa Williams of the San Mateo County Sheriff�s Office.

Schmidt checked on Gaylord and two other ostriches, Apple and Tomato, earlier that evening. She returned the next day to find Gaylord lying dead near the front gate, where he was nesting when she left the night before. The sight of her dead pet was devastating, Schmidt said.

�I was broken, the shell casings were right next him. I saw where he flailed around,� Schmidt said.

Schmidt, however, was determined to find out who shot a killed Gaylord, who she inherited about a year ago as a rescue animal. On Sunday, Schmidt posted reward fliers at coastside businesses � the local liquor store, hardware store and post office. Within a few hours of posting the flier, Schmidt received a call from the owner of the El Granada liquor store who reported that someone ripped down the flier. Schmidt called the other stores and heard the same story.

By Sunday night, Schmidt had a description of the culprit and the company car he was driving. She paid a visit to the Princeton company and determined the business owner�s son was driving the car on Sunday. Within an hour, she was sitting down with father, his son and the son�s friend. The young men immediately apologized and volunteered to do anything to rectify the situation � including buying a new ostrich, Schmidt said.

Schmidt said they told her they were drinking at a party earlier in the evening when they decided to leave and check out the nearby ostriches. The two climbed the fence and quickly encountered Gaylord sleeping near the front gate, Schmidt said they told her.

Ostriches have poor night vision. Gaylord was startled and immediately charged toward the two intruders � breaking two ribs on one man and severely scratching the arm of the other, Schmidt said they told her.

Fearing for their safety, the two repeatedly shot Gaylord and left, Schmidt said they told her.

Schmidt didn�t turn their names over to the Sheriff�s Office until Monday afternoon, after she had enough time to decide whether to allow their punishment to be decided by the legal system. In the end, she thought it was important they deal with the real-life consequences of their decision, she said.

�Everyone is super sorry when they�re caught,� Schmidt said.� They were angry and killed. They need to get some help and direction.�

Schmidt called one boy�s father yesterday and suggested the two turn themselves in. She insists she doesn�t want them to go to jail.

�I want people to know who people are who can do something like this,� Schmidt said. �Maybe this can deter anyone from doing something else like this.�

Schmidt is relocating the two remaining ostriches to a ranch with a residence so there is 24-hour surveillance. In the meantime, the Sheriff�s Office continues its investigation.

Case Updates

Court contact information for this case is as follows:

Court Date: Friday, Oct 5, 2007: sentencing hearing, 1:30 p.m.
Case #SC 063207 A

Court Location:
San Mateo County Superior Court
400 County Center
Redwood City, CA 94063
Phone: 650-363-4302
Fax: 650-363-4976

Prosecutor:
Steve Wagstaffe,
Chief Deputy District Attorney
San Mateo County Superior Court
400 County Center, Third Floor
Redwood City, CA 94063
Phone: 650-363-4677
Fax: 650-363-4873

Judge:
The Honorable John Grandsaert
San Mateo County Superior Court
400 County Center, Second Floor
Redwood City, CA 94063
Phone: 650-363-4302
Fax: 650-363-4976

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Source: San Mateo County Case # SC 063207 A
Update posted on Sep 10, 2007 - 11:44PM

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The second of two men accused of the fatal shooting of Gaylord the ostrich near Half Moon Bay last Halloween avoided a potential prison sentence by agreeing to a plea bargain today in San Mateo County Superior Court, according to Chief Deputy District Attorney Steve Wagstaffe.

Timothy McKevitt, 19, and Jonathon Porter, 20, were arrested in November after trespassing onto a ranch south of Half Moon Bay on the night of Oct. 31, to look at ostriches, the district attorney's office reported.

When an apparently startled Gaylord attacked and injured the men, they ran off, later returning with a rifle and a shotgun to kill the ostrich, according to the district attorney's office.

The owner of the ranch was able to track down the men and reported the crime to authorities.

With a jury trial looming on Monday, McKevitt cut a deal this morning with prosecutors and agreed to plead no contest to felony animal cruelty, Wagstaffe said. He now faces probation and up to a year in county jail.

Porter pleaded no contest in February to felony animal cruelty and felony possession of a firearm by a person with a prior felony conviction. He was later sentenced to seven months in county jail and three years probation, and ordered to undergo animal cruelty counseling and pay financial restitution to Gaylord's owner.

McKevitt will be sentenced Aug. 28.

Source: Mercury News - July 13, 2007
Update posted on Jul 16, 2007 - 3:34AM

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One of two men accused of the fatal shooting of an ostrich near Half Moon Bay last Halloween will stand trial in July, according to the San Mateo County district attorney's office.

A July 16 jury trial was confirmed Monday for Timothy McKevitt, 19, charged with felony animal abuse and a misdemeanor firearm charge, the district attorney's office reported.

A second man, Jonathon Porter, 20, pleaded no contest in February to felony animal abuse and felony possession of a firearm by a person with a prior felony conviction. He was later sentenced to three years' probation and to undergo animal cruelty counseling.

Both men were arrested in November after allegedly trespassing onto a ranch south of Half Moon Bay on the night of Oct. 31, in order to look at the ostriches there, according to the district attorney's office.

When a surprised ostrich attacked and injured the men, they ran off, later returning with a rifle and a shotgun and allegedly shot and killed the ostrich, according to the district attorney's office.

The owner of the ranch was able to track down the men and reported the crime to authorities.

McKevitt remains out of custody on a $25,000 bail bond.

Source: CBS 5 - June 19, 2007
Update posted on Jun 19, 2007 - 5:05PM

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One of two men accused of fatally shooting an ostrich named Gaylord while drunkenly trespassing at a Half Moon Bay ranch on Halloween night was sentenced to time served and three years supervised probation for felony animal abuse.

Jonathon Michael Porter, 20, must also complete animal cruelty counseling as directed by the probation department. Porter faced up to a year in jail under the terms of a plea bargain reached last month in which he avoided the state prison possibility still faced by his co-defendant. Judge Jack Grandsaert, however, opted for 213 days in jail, or essentially credit he already accrued for his time in custody since his arrest last fall. He had been held on a $25,000 bail bond.

Porter and Timothy Andrew McKevitt, 19, were arrested Nov. 7 after confessing to the owner of the ostrich about trespassing on a ranch south of Half Moon Bay in the early morning hours of Oct. 31. The two told the ostrich owner they left a party and wanted to see the three ostriches on the property.

Prosecutors claim the men went with a group of drunken friends to see the animals � Gaylord, Apple and Tomato � the first time and then specifically returned with guns by themselves later that night.

Gaylord�s owner Karen Schmidt tracked down the pair on her own after discovering her 10-year-old deceased pet lying near the front gate. A neighbor reported hearing several consecutive shots fired and rifle and shotgun shell casings were discovered next to Gaylord.

Schmidt posted reward fliers at coastside businesses and within hours had an idea of who was responsible. During a discussion with the two defendants and one�s father she said they claimed to be attacked by the startled ostrich. One man suffered two broken ribs and the other suffered scratches to his arm. Fearing for their safety, the men fired seven shots from a shotgun and a rifle.

Porter and McKevitt offered to replace the ostrich but Schmidt declined and turned the men in to the Sheriff�s Office.

McKevitt and Porter both pleaded not guilty to felony animal abuse but Porter changed his mind at a Feb. 8 pre-trial conference. As part of his sentence, he must also pay standard restitution and fines as well as spend three years on supervised probation.

At the time of his negotiated plea, Porter also admitted being a felon in possession of a firearm. He was on probation for grand theft in March 2005.

McKevitt is scheduled for trial in July and remains free from custody on a $25,000 bail bond.

Source: San Mateo Daily Journal - Mar 30, 2007
Update posted on Mar 30, 2007 - 1:09PM

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One of two men accused of fatally shooting an ostrich named Gaylord while drunkenly trespassing at a Half Moon Bay ranch on Halloween night will stand trial in July on felony animal abuse charges.

Timothy Andrew McKevitt, 19, pleaded not guilty to all charges Friday and was scheduled for jury trial July 16. Meanwhile, McKevitt remains free from custody on a $25,000 bail bond.

By the time McKevitt heads to trial, his co-accomplice Jonathan Michael Porter should already be serving his potential sentence. Porter, 20, pleaded no contest to felony animal abuse in return for no prison and up to a year in jail when sentenced March 29. Porter also pleaded no contest to being a felon in possession of a firearm. He was on probation for grand theft in March 2005. He remains in custody in lieu of $25,000 bail while awaiting sentencing.

The pair was arrested Nov. 7 after confessing to the owner of the ostrich about trespassing on a ranch south of Half Moon Bay in the early morning hours of Oct. 31. The two told the ostrich owner they left a party and wanted to see the three ostriches on the property.

Prosecutors claim the men went with a group of drunken friends to see the ostrich the first time and then specifically returned with guns by themselves later that night.

The men told Gaylord�s owner Karen Schmidt they were attacked by the startled ostrich. One man suffered two broken ribs and the other suffered scratches to his arm. Fearing for their safety, the men fired seven shots from a shotgun and a rifle.

Schmidt tracked down the pair on her own and turned them into the Sheriff�s Office after declining their offer to replace the ostrich.

Source: San Mateo Daily Journal - March 9, 2007
Update posted on Mar 11, 2007 - 4:47PM

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Timothy McKevitt appeared in court yesterday for a preliminary hearing. Sufficient cause was found by the court, and McKevitt was held to answer on the felony animal cruelty charges. The matter was continued to March 9, 2007, when he will be arraigned in Superior Court.

Co-defendant Jonathan Porter pled guilty to one felony count of animal cruelty and one count of being a felon in possession of a firearm on February 8. Porter appeared in court today to face a probation violation. That case was continued to March 29, 2007, when he is to be sentenced on the felony conviction for cruelty to animals.

Source: SF348142 A&B
Update posted on Feb 23, 2007 - 6:46PM

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Jonathan Porter pled guilty to one felony count of animal cruelty and one count of being a felon in possession of a firearm today. He is scheduled to be sentenced on March 29, 2007. In the meantime, he remains in custody on a no-bail probation hold. He will appear in court on the probation violation on February 23. Co-defendant Timothy McKevitt remains out of custody on bail, and will appear for a preliminary hearing on February 22, 2007.

Source: Docket # SF348142 A & B
Update posted on Feb 8, 2007 - 9:52PM

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The preliminary hearing for both defendants has been continued to February 8, 2007 at 9:00 a.m. at the San Mateo County Hall of Justice in Redwood City. Jonathan Porter remains in custody on a probation violation, scheduled to be heard on January 10, 2007 at 9:00 a.m.

Source: San Mateo County Superior Court
Update posted on Dec 12, 2006 - 3:33PM

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Timothy McKevitt and Jonathan Porter appeared in San Mateo County Superior Court on Nov 15 on felony animal cruelty charges for fatally shooting a pet ostrich on Halloween night. McKevitt is out of custody after posting bail in the amount of $25,000. Porter, whose bail is also $25,000, remains in custody on a no-bail probation violation hold. Both cases were continued to December 7, 2006, at 2:00 p.m.for a preliminary hearing.

Source: San Mateo County Superior Court
Update posted on Nov 16, 2006 - 12:25AM

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Two men accused of fatally shooting an ostrich seven times on Halloween were part of a drunken group which visited a Half Moon Bay ranch and then specifically returned with guns by themselves later that night, according to prosecutors who charged the pair with felony animal cruelty charges.

Timothy McKevitt, 19, and Jonathan Porter, 20, both pleaded not guilty to the charges Wednesday and had bail set at $25,000 each. McKevitt is also charged with misdemeanor possession of a loaded firearm while Porter is charged with being a felon in possession of a firearm. He was placed on probation in March 2005 for grand theft, said Chief Deputy District Attorney Steve Wagstaffe.

The two men were arrested late Tuesday after confessing to the owner of the ostrich named Gaylord.

The men allegedly trespassed on a ranch south of Half Moon Bay in the early morning hours of Oct. 31. The two told the ostrich owner they left a party and wanted to see the ostriches � there are three on the property. After climbing the fence, the two were attacked by the startled ostrich. One man suffered two broken ribs and the other suffered scratches to his arm. Fearing for their safety, the men fired seven shots from a shotgun and a rifle, said owner Karen Schmidt.

The men were not alone the first time they visited the birds but returned later that night with the guns, Wagstaffe said.

Both men did not waive their right to a speedy trial and return to court Nov. 21 for a preliminary hearing. A superior court review conference is scheduled for Nov. 15.

Source: San Mateo Daily Journal - Nov 9, 2006
Update posted on Nov 9, 2006 - 6:41AM

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San Mateo Daily Journal - Nov 6, 2006

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Ostrich shot 7 timesHalf Moon Bay, CA (US)

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Ostrich shot 7 times
Half Moon Bay, CA (US)