Posted on 03/11/2010 7:15:40 PM PST by DogByte6RER
Trial ordered for man accused of fatally choking puppy
By Kelly Wheeler
City News Service
March 11, 2010
SAN DIEGO - A La Jolla man accused of choking his 10-week-old puppy -- which later died -- as punishment for barking and nipping his girlfriend on the nose must stand trial on two felony animal cruelty charges, a judge ruled today.
David Hale Warner, 50, faces up to three years in prison if convicted, said Deputy District Attorney Garrett Randall.
The defendant was on probation for domestic violence at the time of his arrest, the prosecutor said.
Warner and his girlfriend brought the chocolate Labrador retriever named Coco to an emergency veterinary hospital the morning of Feb. 24.
The male puppy was in obvious distress, couldn't walk, had very labored breathing and had blood in its saliva, authorities said. The animal was placed in an oxygen tent and intensive care but went into cardiac arrest and died two days later.
The defendant made a number of statements to authorities, first saying the puppy had accidentally hung itself, then saying he held the animal down by its mouth, possibly cutting off its air supply, according to Randall.
Warner then allegedly told authorities that he held the puppy down by its neck for 20 seconds, and the dog was not moving and became unconscious once he stopped.
Danica White, an officer with the county Department of Animal Services, testified today at a preliminary hearing that Warner told her that he held the puppy down after the animal was jumping around, acting "hyper'' and had nipped his girlfriend in the nose.
"He said he pinned the puppy down on the bed by its neck,'' the officer testified. "He said he released his hands off the dog, and the dog was unconscious.''
White said Warner told her that he "overdid it'' in trying to discipline the puppy, according to court testimony.
But Dr. Alexandra Silber, who performed the necropsy on the puppy, testified that she saw no evidence of trauma to the dog's neck.
She said the puppy had a previously undiscovered congenital hernia that allowed his stomach to slide into his chest cavity, which would have made breathing difficult.
Silber, testifying as a defense witness, said "reasonable'' pressure could cause the dog's hernia condition to flare up.
She said the puppy was also born with a elongated muscle near his trachea, but that didn't contribute to his death.
Silber testified that emergency doctors would have needed a second X-ray to see the hernia and would have had to operate immediately to save the dog's life.
"They should have looked further,'' the veterinary said. "They missed the diagnosis.''
On cross-examination by the prosecutor, Silber said being restrained had something to do with the onset of the stomach sliding into the chest area, causing pressure on the lungs.
In his argument to bind the defendant over for trial, Randall told Judge Laura Halgren that the dog suffered because of Warner's actions.
"It's obvious that what he did led to this dog's troubles,'' the prosecutor said. "He's the only one who could have done this. The dog clearly suffered unnecessarily at his hands.''
Deputy Public Defender Melissa Tralla argued unsuccessfully that Warner didn't mean to hurt the dog and that his only intent was to protect his girlfriend.
"He said he intended to discipline the dog,'' Tralla told the judge, noting that no evidence had been presented that Warner used unreasonable force in his actions. "Mr. Warner did not cause this dog to suffer one bit.''
The judge found probable cause to believe Warner committed the crimes alleged.
In assessing the evidence presented, Halgren said that 20 seconds was a very long time to be restraining an animal
Halgren refused to reduce the charges to misdemeanors, telling Tralla that would be better done at a future hearing.
The judge did, however, reduce Warner's bail from $35,000 to $20,000. A readiness conference was set for March 25 and trial for April 30.
This might be prosecutorial overkill.
In North San Diego County, two dead girls were just recently discovered buried and the number one suspect is a convicted sex offender.
I am not downplaying animal abuse, but maybe our criminal justice resources need to be more focused on the pedophiles and rapists who roam the streets.
I'm not quite convinced that it is the fault of prosecutors, or that prosecutors should decide which laws need to be enforced over others. I suspect your problem is with legislatures, and judges.
No it isn’t.
The defendant was on probation for domestic violence at the time of his arrest, the prosecutor said.
The girlfriend might hAVE BEEN NEXT.
This guy is dangerous.
>> I am not downplaying animal abuse, but ... In North San Diego County, two dead girls were just recently discovered buried ...
You’re right. It’s not that the animals deserve less attention, it’s that humans do not deserve less attention than animals.
Hey there DB
Saw a pic of this guy in the paper, a real wack job.
He has a history of domestic abuse.
An equal opportunity guy, abuses people and animals.
Who know what else he hasn’t been caught at.
No it isn’t.
The defendant was on probation for domestic violence at the time of his arrest, the prosecutor said.
The girlfriend might hAVE BEEN NEXT.
This guy is dangerous.
__________________
What was the stupid girlfriend doing at his house then if he was on probation for domestic violence already? Maybe he wasn’t so violent after all?
Man picks a puppy up by the neck and holds it for 20 second. Typical liberals want to send the man to jail for three years!
Women vacuum innocent babies out of their wombs, millions a year! Everybody wants that to be legal!
People who don’t give two sh1ts about animal life are just at a prior stop on the same road to not giving two sh1ts about human life.
Ask any serial killers we’ve learned about, ever. They almost all start out torturing animals.
Besides anyone who knows dogs and puppies know that puppies nip. they have to learn what acceptable play is, their mouth is their hand, and they have to learn how to use it acceptably.
Animals aren’t toasters or a VCR we’ve decided to trash and throw out. They aren’t people but they aren’t inanimate objects. The guy bought the dog, they were supposed to take care of it, be responsible for it and provide care and training for it, and did not. Cruelly killed it. Given what we learn about the guy from the story he should be up for the two counts. No doubt they will be knocked down, virtually all charges are knocked down on animal crimes.
I think with all the pervs etc hitting the streets after a slap on the hand.
The prosecutors are waking up.
A Lab for petes sake.
That Dog never meant to hurt anyone. When you get a lanky puppie started they can get rambunctious.
Yes animal abuse is just the training ground for killing humans.
He obviously has a severely warp view of solving problems.
Prosecutors hopefully are viewing their role in protecting the public seriously now.
And you believe HIM. WHY?
Was the abuse against this women are someone else, like an x wife.
Mainly because the article leaves out a lot of detail. And mainly because the so-called humane society euthanizes puppies basically in the same manner every day (smothering them to death), yet they’re called humane. And mainly because a lot of women cry wolf.
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