A Brooklyn judge neutered the criminal case against a notorious cat
kicker because the prosecutors have offered no evidence that the kitty was
actually injured.
Supreme Court Justice ShawnDya Simpson threw out the top misdemeanor
charge against Andre Robinson, who will go on trial Jan. 20 for attempted
injury of the cat.
The original charge for causing injury to an animal was an A
misdemeanor carrying a penalty of up to one year in prison, according to a
spokeswoman for the Brooklyn district attorney’s office.
Robinson still faces a lesser charge, which is a B misdemeanor and
calls for a maximum jail term of 90 days.
Robinson’s cruel crime was depicted in a viral video showing him
grinning like a Cheshire cat as he punted the cat 20-feet into the air outside
the Brevoort Houses.
Prosecutors argued the distance the cat traveled was sufficient to
establish pain and suffering.
But the judge ruled that is not enough to sustain the more serious
charge.
“Maybe it was injured, or maybe it’s fine,” Simpson said Thursday in
Brooklyn Criminal Court. “If you’re going for the full assault, it’s not here.”
“The only thing I can see to cure it is if you have a doctor’s report,”
Simpson said, noting that a veterinarian’s claim in the complaint that the
attack “would cause” injury was not enough.
The pack of cat lovers who have dutifully attended every
court hearing since last May thought the judge’s decision should be tossed in
the kitty litter box.
“Who will speak for the cat?” said Maria Clara of Connecticut. “We are
very disappointed but we are not going away because we believe we are right.”Roberto Bonelli said “the video speaks volumes for me.”
Robinson, 22, later apologized for what he had done, explaining that the cat was bothering him and he was trying to shoo it away when he unleashed a ferocious kick.
The cat was later rescued, given the name King and adopted by a Manhattan man.
Prosecutors may present additional facts to the judge to support the original physical injury claim, but it is unclear if the D.A. will do so.
“We are reviewing our options,” said the D.A.’s spokeswoman.
Robinson did not show up in court Thursday.
His lawyer, who unsuccessfully argued for a dismissal of the entire
case, declined to comment after the hearing.
No comments:
Post a Comment