ISBA 8 th Annual Animal Law Conference March 3, 2017 Jennifer Bagby Assistant State s Attorney Deputy Supervisor Felony Review Unit Cook County State s Attorney s Office AGGRAVATED CRUELTY 510 ILCS 70/3.02 No person may intentionally commit an act that causes a companion animal to suffer serious injury or death 1
People v. Samuel Primbas KEY PLAYERS Shelby 9 year old female Rottweiler G.B. Shelby s 44 year old owner Samuel Primbas offender and acquaintance / distant relative of G.B. J.P. offender s mom and acquaintance of G.B. FACTS OF THE CASE On 11/17/07, at approximately 8:45 a.m., 44 year old GB walked her dog Shelby to a nearby friend s house. The friend, JP, was the offender s mother. GB tied Shelby to the deck outside of the house. Shelby was wearing a fluorescent collar and a leash. After 10 minutes or so, GB heard noises on the deck and went out to check on Shelby 2
Shelby was lying on her side with an apparent GSW to her leg. The offender was standing at the bottom of the deck steps. Shelby died on the deck within minutes of GB finding her. The offender suggested that a neighbor or neighbor kids could have shot Shelby. The offender suggested / insisted that they just bury Shelby there at his mother s home so they did. The offender made numerous statements later that day and the next day to GB and her family that he had shot Shelby because he thought she was a stray dog. The offender tried to give GB a new puppy 3
GB returned the next day and Shelby s remains were dug up and re- buried at GB s father s home. Shelby was exhumed on 11/23/07 and sent to the University of Illinois for a necropsy. RESULTS OF NECROPSY The cause of death is most likely related to the hemorrhages and the accumulation of blood in the thoracic cavity. The presence of a pellet in the perirenal tissues confirms a prior history of gunshot trauma. Potentially a pellet shot through the thorax (with the pellet passing into the abdomen ending in the perirenal tissue) may have damaged a vessel extending off the aorta leading to the hemorrhage 4
PROCEDURAL HISTORY Offender initially charged with a misdemeanor Cruelty to Animals Case upgraded to felony Aggravated Cruelty after necropsy results Due to the offender s employment he was not willing to take a felony conviction Case went to bench trial AT TRIAL Offender s story changed from shooting Shelby because he thought she was a stray dog to thinking Shelby was a wild coyote on his mother s deck eating garbage. Testified that he saw the coyote on the deck, got the gun, shot from below, assumed it ran away but never checked before he went into the garage. 5
WHAT WE HAD TO PROVE 1. D intentionally committed an act that caused a companion animal to suffer serious injury or death 2. D intended to cause serious injury or death to the animal MEETING OUR BURDEN 1. D intentionally committed an act D s multiple statements to multiple people that he shot Shelby 6
MEETING OUR BURDEN cont. 2. D s act caused serious injury or death Necropsy established cause of death MEETING OUR BURDEN cont. 3. D intended to cause serious injury or death (This was the real issue in the case) Circumstantial evidence based on D s changing story and D s actions 7
RESULTS Offender found guilty of Class 4 Aggravated Cruelty Offender sentenced to 2 years probation ON APPEAL Case affirmed 404 Ill. App.3d 297 (1 st Dist. 2010) Appellate court clarified that intent applies to both performing the act and causing serious injury or death 8
ISSUES WITH CASE Shelby was buried and exhumed twice before the necropsy so some concerns with what they would be able to find Zealous advocates ZEALOUS ADVOCATES Certainly appreciated their passion and concern The sent numerous letters to the trial judge prior to trial which caused the judge to recuse himself and the case to be reassigned The reassignment caused a delay in the case going to trial 9
ADVOCATES AND VICTIMS Make sure to clearly communicate with the victim and advocates, from the beginning of the process, what is appropriate and not appropriate People v. Jorge Tavares 17 CR 1350 Headline and Photo Courtesy of DNA Info 10
FACTS On 12/8/16, around 11:30 a.m., a neighbor observed the offender s dog in the offender s backyard apparently having a seizure The neighbor called 911 and took cell phone video of the dog When police arrived the dog was on her side, trying to lift her head and whining R/O climbed the fence and retrieved the dog The officer tried to warm the dog by wrapping her in a blanket and placing her in the squad car The officer took the dog to an animal hospital for treatment The treating vet attempted to take the dog s temperature rectally but could not get a temp because the dog was frozen The dog died minutes later 11
The offender gave multiple conflicting and / or false stories to law enforcement such as: He knew the dog had medical issues and had been sick but he put her outside before he went to work at 8:30 a.m. He put her in the heated dog house / kennel with the other dog but she must have escaped into the yard but the kennel was locked and secure and escape proof. The offender was arrested initially and charged with a misdemeanor The dog was sent for a necropsy Animal care and control took the surviving dog After necropsy completed offender re-arrested and charged with felony Aggravated Cruelty 12
NECROPSY FINDINGS Cause of death in this animal is likely to be related to hypothermia Other gross findings... Are fractures of the right and left thoracic wall... The fractures along the right thoracic wall involving ribs 5, 6, and 7... May be related to resuscitation efforts... The focal fracture of the left 5 th rib appears more chronic. 13