Tag Archives: animal cruelty

Man Claims Self-Defense in Killing Iguana (Yes, It’s in Florida)

PJ Nilaja Patterson claims the encounter he had with an iguana was self-defense, claiming the 3-foot green iguana was the aggressor and that he was acting in self-defense when he killed the creature. A laceration on his arm from a bite required 22 staples to close up. Prosecutors counter that a surveillance video of the incident shows that Patterson tormented the animal, and then went into a violent rage when it bit him while defending itself. The iguana had to be put down due to the injuries suffered in the confrontation.

PJ Nilaja Patterson

Patterson claimed immunity from prosecution under Florida’s Stand Your Ground law, that allows the use of force when defending oneself. A judge has denied the motion, however, Patterson still has a right to argue justifiable use of force at trial.

Green Iguanas are invasive creatures, and it is permitted to kill them under Florida law, but it must be done humanely. It’s not the first time we’ve covered the inhumane killing of an iguana that led to felony animal cruelty charges. The state has cleared it’s initial burden to allow the case to go forward, but to convict him, they will have to prove beyond a reasonable doubt that he did not have a reasonable fear, or that the level of force use was not justified.

It’s not the first time we’ve seen self-defense argued for the killing of an animal. In 2013, a man accused of killing a protected sandbar shark testified at trial in Fort Myers that he killed the animal in self-defense. The court rejected that claim and he was convicted at a bench trial. A man in Bonita Springs claimed self-defense (and defense of property) when he killed a bear that entered his property back in 2009. He argued that Stand Your Ground also granted him immunity, and the state argued that Stand Your Ground only applies to humans. The judge denied his motion, and he ended up agreeing to plead guilty to killing a protected species and do probation in lieu of a trial. I am not aware of any case law that goes as far to say that Stand Your Ground does not apply to animals, and the self-defense statute reads, “[a] person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another”. Fla. Stat. Sec. 776.012(2)- it does not say anything that would limit it to defending yourself (or others) against a person instead of an animal. (Law enforcement officers kill aggressive pets with some frequency, for instance, which is lawful.)

The hurdle for Mr. Patterson is that the iguana was only three feet, and they are docile vegetarians. They run away from people. If the video shows him provoking the animal, he will be unlikely to garner much sympathy from the jury, despite his injury. People don’t like it when animals die: He may explore a plea deal, but he’s facing a felony for animal cruelty.

Also, it gives me another excuse to post Jimbo:

Uncle “He’s comin’ right for us!” Jimbo

Thieves in Miami Steal a Parrot so it Won’t Snitch

Cuca the Parrot

Report out of Miami today that an African Grey parrot named Cuca was taken from a home by burglars, along with jewelry and guns. Cuca knew hundreds of words. At least one thief was caught, but Cuca was not recovered. The owner heard on the streets that she was killed to keep her quiet about the identity of the thieves. Miami out Miamis itself, again.

via the indispensable David Ovalle

Big Day for Criminal News in Southwest Florida

jorge guerrero torres

Jorge Guerrero-Torres

Yesterday the State Attorney’s Office and LCSO held a major press conference to announce not one, but two, grand jury indictments for first-degree murder. The first was in the high-profile disappearance of Diana Alvarez. Jorge Guerrero-Torres has been charged with first-degree murder, kidnapping, and lewd and lascivious molestation: the first degree murder charge could be subject to the death penalty, if the State decides to seek it. Guerrero is already under a federal sentence for possession of child pornography related to the case: there was a challenge to the admission of  evidence from his cell phone, but the court permitted it in the federal case, which is a good indicator in the state case. Further, NBC-2’s Jaclyn Bevis reported in December that Guerrero may have made a jailhouse confession to killing the girl and hiding her body.

The other indictment was for a much more recent case, but not the Lois Riess case… yet. The other case was in the robbery-murder of a taxi driver in Lehigh Acres just last month. Three co-defendants have been charged, and two of them are teenagers… one only 13 years old. Not many details have been released, but the State indicated today they sought the indictment due to the “horrendous nature of the crime“. 20-year-old Ricky Lagonde allegedly had a gun and threatened the victim, but the teenagers then shot him.

The other news of the day was that a press conference was held by “ARM”, the Animal Recovery Mission. ARM has been pushing for charges to be brought for some Lee County farms they allege were operating as illegal slaughterhouses and illegally selling horse meat. ARM and their investigators ran their own undercover operations, and presented videos and other evidence first to LCSO and later to the State Attorney’s office, who declined to file charges. Earlier press conferences from ARM have lead to protests against animal cruelty in Lee County. One of the concerns that the State has cited is the difficulty in introducing surreptitiously obtained videos as evidence in court, as our local State Attorney’s office learned the hard way. ARM brought their legal adviser to the session today, and he argued that since the videos were taken at a business with many people around, there was not an expectation of privacy, and that the videos would therefore be admissible. And even if the videos didn’t come in, the ARM witnesses would be available to testify. There’s a lot more to the issue, but suffice it to say, tensions are high on both sides.

Now, a cynic might point out that it was very convenient for the politicians who might be up for election this year that the big indictment announcements came on the same day as the controversial press conference. A cynic might wonder why, after almost two years, and months after the arrest and confession of Jorge Guerrero-Torres, the state obtained an indictment right before the ARMs media push: a push that has been seized on by the outsider running for State Attorney against the Chief Assistant ASA that presented the announcement today. The news of the day ended up being the new charges, and not the activists asking why the State had not moved on the ARM allegations, though it still made some news. I’m not that cynic, and I know that there are legitimate legal reasons that make it very difficult for the State to prosecute the ARM cases. That cynic might also point out that if it had been intentional timing, it was a brilliant bit of political maneuvering to control the biggest stories in the media on what was shaping up to be a bad day for people who have elections coming up.

 

Just Don’t Kick Animals, OK?

A Naples man was arrested last week for animal cruelty for kicking a cormorant on the Naples Pier. The bird took one of his fish, and he became enraged, and kicked it really hard. Apparently, the bird had substantial injuries after the incident, and is being treated by a rescue shelter. The man faces a felony charge for animal abuse.

It should go without saying… but I’ll say it, don’t hurt animals…