Justice for Princess

To whom it may concern;

     On mother's day, May 12, 2013, a man walking around a trailer park located in California City, CA carrying a bow and arrow decided to shoot a dog.  The arrow hit Princess, the dog, in the eye causing extreme pain and distress.  In fact, once a vet was able to see her, it was made clear that she would have likely died by the following morning.  A good Samaritan stepped up and funded her emergency surgery and Princess, just an 8 month old puppy at the time, will live her life with only one eye.  

     It has come to the attention of our community that although our police and animal control stepped up to do all they could do, the DA's office has opted not to prosecute due to a lack of evidence.  This was second hand information and some of us attempted to contact the DA's office to learn what the reason is for not prosecuting this man.  Unfortunately, because we don't know his name, we were told that we couldn't be helped.  This is a very small community, this was a rather violent act, in the opinion of everyone who either witnessed it or heard of it.  The fact that this man is free, no charges are being brought against him, and a dog is left traumatized as well as the child who witnessed such a cruel attack on a dog well known to the neighborhood and liked is very disturbing to many.  California City Police Department report number for the incident is: CR13-0920 and the DA's notes state that  "under circumstances, suspect's actions do not appear to be criminal."

It states on the DA's website:

"Pursuant to Section 1 of Article XI of the California Constitution and Section 26500 of the California Government Code, The District Attorney is responsible for the prosecution of all criminal acts that occur in Kern County in violation of state laws and county ordinances."

and according to the Municode website, the act of discharging the weapon, alone, was at least an punishable infraction

"A.

Except as otherwise authorized by law, any person who willfully or with gross negligence discharges or uses a BB device, bow and arrow device, slingshot or other instrument commonly used or which may be used for propelling or throwing any shot, arrow, rock or other missile in a grossly negligent manner which could result in injury to any person or property is guilty of an infraction and shall be punished by a fine of fifty dollars ($50.00).

B.

For purposes of this chapter, the term "BB device" means any instrument that expels a metallic projectile, such as a BB or a pellet, through the force of air pressure, CO2 pressure, or spring action, or any spot marker gun.

C.

Discharge of firearms or other dangerous weapons shall continue to be governed by and enforced under state and federal law.

(Ord. G-6756 § 3, 2001)"

Per the California Penal Code section 597(b) 

"Except as otherwise provided in subdivision (a) or (c), every

person who overdrives, overloads, drives when overloaded, overworks,

tortures, torments, deprives of necessary sustenance, drink, or

shelter, cruelly beats, mutilates, or cruelly kills any animal, or

causes or procures any animal to be so overdriven, overloaded, driven

when overloaded, overworked, tortured, tormented, deprived of

necessary sustenance, drink, shelter, or to be cruelly beaten,

mutilated, or cruelly killed; and whoever, having the charge or

custody of any animal, either as owner or otherwise, subjects any

animal to needless suffering, or inflicts unnecessary cruelty upon

the animal, or in any manner abuses any animal, or fails to provide

the animal with proper food, drink, or shelter or protection from the

weather, or who drives, rides, or otherwise uses the animal when

unfit for labor, is, for each offense, guilty of a crime punishable

pursuant to subdivision"

And PC 597(d)

"A violation of subdivision (a), (b), or (c) is punishable as

a felony by imprisonment pursuant to subdivision (h) of Section 1170,

or by a fine of not more than twenty thousand dollars ($20,000), or

by both that fine and imprisonment, or alternatively, as a

misdemeanor by imprisonment in a county jail for not more than one

year, or by a fine of not more than twenty thousand dollars

($20,000), or by both that fine and imprisonment."

It seems that there should be more than enough within ordinances and the California PC coupled with the police report to bring about charges, at the very least.  

Please reconsider the decision to not bring a person who violently abused an animal with a weapon he should not have been discharging in the confines of a trailer park to begin with to justice.

Thank you for your consideration in this matter.