6 Wk Old Puppy Slammed Into Pavement -Support DA's Felony Charges

  • par: Anita Solomon
  • destinataire: Thomas J. Orloff, District Attorney, Alameda County District Attorney's Office
Felony animal cruelty charges have been dismissed against Bernadette Hutcherson, due to lack of evidence. Last July, Hutcherson was arrested for allegedly killing her 6 week-old puppy by smashing its head into the pavement. Yesterday, the court dismissed the charges because the primary witness left the country, and was unable to be located. The District Attorney's Office will likely re-file the case if the witness becomes available.Source: Docket # 521079

Update 12/12: The preliminary hearing for Bernadette Hutcherson (Docket # 521079) has been continued to January 9, 2007 at 8:30 a.m. in Department 112 at the Wiley Manuel Courthouse located at 661 Washington Street, Second Floor, Oakland, CA 94607.

Bernadette Hutcherson, 19, was walking the
6 week old yellow Labrador retriever on a leash with some friends Sunday in the 1700 block of 28th Avenue.

Police say that for some reason, the dog angered Hutcherson, who began kicking it, causing it to flip over several times. She then picked the dog up and slammed its head into the pavement at least twice.

Animal cruelty charges can be either a misdemeanor or a felony. In this case the Alameda County District Attorney's Office (CA) charged Hutcherson with a felony because of the incident's vicious nature and Hutcherson's intent to kill, authorities said. 

Having witnesses to this despicable act can only help the prosecution, but our voices must ensure the felony charges are carried out in court!

Read the entire news article at:

http://www.insidebayarea.com/ci_4101488?source=rss

OR on Pet-Abuse.com
http://www.pet-abuse.com/pages/cruelty_database/case_details.php?case_id=9402&watch=1

By signing this petition, we are in support of Erin Loback, the DA assigned to the case, the decision to charge Ms. Hutcherson with a felony and ask that under no circumstances should the courts allow this crime to be reduced to a misdemeanor, or worse yet, be released with a lesser degree of punishment.

Anyone signing "ANONYMOUS" will be deleted. 

See CA Penal Code Section 597 below


CA PENAL CODE  SECTION 597

Pen. 597   Crimes Against Animals Felony or Misdemeanor

http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=594-625c


597.  (a) Except as provided in subdivision (c) of this section orSection 599c, every person who maliciously and intentionally maims,mutilates, tortures, or wounds a living animal, or maliciously andintentionally kills an animal, is guilty of an offense punishable byimprisonment in the state prison, or by a fine of not more thantwenty thousand dollars ($20,000), or by both the fine andimprisonment, or, alternatively, by imprisonment in a county jail fornot more than one year, or by a fine of not more than twentythousand dollars ($20,000), or by both the fine and imprisonment.
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