CASE OF INTEREST
Date: March 6, 2002
Contact: Deputy District Attorney Robin Shakely
Telephone: 874-7865
District Attorney Jan Scully announced today that her office is dismissing
animal abuse and brandishing charges against James Lacy arising out
of an incident that occurred on September 29, 2000. Charges were initially
filed when it appeared that a cat had suffered blunt force trauma to
the head as a result of conduct by the defendant. A veterinarian to
whom the cat's owner took the cat after death, did an external examination
of the cat and believed that the cat had a flattened head, consistent
with being struck by a blunt object. A golf putter, believed to be the
instrumentality used to inflict this injury, was seized from the defendant.
A necropsy [animal autopsy] which was performed after the filing of
charges, revealed that there was no trauma to the cat's head, and that
the trauma to the cat's chest which resulted in death consisted of puncture
wounds, similar to those that could be inflicted by a dog. Subsequent
to the necropsy, another veterinarian with extensive experience in trauma
to domestic animals, reviewed the case, and is of the opinion that the
cat's death is most consistent with being attacked by a dog. Dog fur
was found in the cat's paws. A study of the golf putter revealed no
evidence to support the assertion that this club came into contact with
the cat's body.
Prior to the necropsy, the case was filed on the belief that the cat's
death had been caused by the defendant with the use of a golf club.
It is now apparent that the cat suffered no injuries consistent with
this mechanism of injury. Based upon all the evidence now available,
it appears that the cat most likely died after an encounter with a dog.
There is no evidence to suggest that this encounter was criminal in
any way. Violations of Penal Code Section 597 require proof of a malicious
and intentional maiming, mutilating, torturing, wounding or killing
of an animal.
A web site was dedicated to a discussion of this case which contained
factually inaccurate information. Although there was an outpouring of
sympathy by well-meaning citizens who have a heart for animals, that
outpouring is misplaced. Considerable public resources have been devoted
to a thorough investigation of the facts and circumstances surrounding
this cat's death. This extensive additional investigation has convinced
the District Attorney's Office that the cat's death did not result from
a criminal act. Accordingly, the District Attorney's office will move
to dismiss the charges against Mr. Lacy.
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