Posted by JMOR on November 15, 2007 at 06:01:56 from (76.185.68.29):
In Reply to: OT Cat Killers posted by Ry on November 14, 2007 at 19:57:50:
It doesn't look like that sort of thing goes on without the attention of the law everywhere.
Attorney: Bird expert thought he was shooting feral cat 8:20 AM CT 08:28 AM CST on Wednesday, November 14, 2007 Associated Press
GALVESTON, Texas - A prominent bird-watcher on trial for fatally shooting a cat thought he was taking aim at a feral cat that had no owner, his attorney said.
Testimony began Tuesday in the animal cruelty trial of Jim Stevenson, founder of the Galveston Ornithological Society. He's accused of shooting the cat with a .22-caliber rifle in November 2006 near the San Luis Bridge Pass in Galveston.
Defense attorney Tad Nelson told jurors that Stevenson, 54, believed he was killing a cat that was threatening endangered species of birds.
Nelson said Stevenson's research of the law led him to believe killing the cat was legal, and he would never have done so if he knew it had an owner.
To convict Stevenson of animal cruelty, prosecutors must prove that the cat had an owner.
"The evidence is going to show that this is not a feral cat, it was somebody's domesticated cat that got love," said Paige Santell, assistant district attorney for Galveston County.
Santell said the cat was the pet of toll-bridge worker John Newland, who fed and cared for several strays and even had named the cat "Mama Cat."
Veterinarian Timothy Harkness, a prosecution witness, testified that his autopsy of the cat led him to classify the cat as domesticated because the animal had commercial food in its stomach and a higher degree of muscle and fat than is typically found in feral cats.
In response to defense questioning, Harkness acknowledged that feral cats who eat commercial food left out by volunteers are not necessarily domesticated.
Officer John Bertolino of the Galveston police, testifying for the prosecution, identified photos showing bedding, toys and food trays that Newland had placed under the bridge for the cats.
During cross-examination, Nelson suggested that Stevenson may not have been able to see the food trays and therefore did not know the cat was being cared for.
Bertolino also said Newland was clearly upset by the cat's death.
"He was very upset; he was crying, actually," Bertolino said.
If found guilty, Stevenson could face up to two years in prison and a $10,000 fine.
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