Californian man faces life in prison for beheading dog
Date: 12-Jul-02
Country: USA
Prosecutors said they would seek a life term under California's three strikes law because of the man's history of violence and the "very violent, very vicious and very cruel" nature of the killing.
James Abernathy, 40, was charged with animal cruelty after allegedly beheading his German Shepherd, Marie, at his home in the Los Angeles suburb of La Habra.
La Habra Police Capt. John Rees said after decapitating the dog Abernathy walked next door and told a neighbor he had killed his pet and needed psychiatric help.
Officers found the dog's body in a bedroom with a large pair of pruning shears nearby and a wooden stake through its heart.
Abernathy, who had two convictions in 1986 for assault with a deadly weapon, was apparently trying to prove to his girlfriend that he loved her so much he would kill his pet for her, his family has said.
The bizarre case drew attention from animal rights activists who pressured law enforcement officials to treat the case as a serious crime.
"We had been contacted by several groups and assured them that we would be pursuing the case," Rees told Reuters.
"Their concern was that because we were dealing with an animal that the case wouldn't get followed up but we assured them it would get appropriate review."
Although felony animal cruelty carries only a three-year maximum sentence, California law allows prosecutors to seek a the life prison term for a defendant's third felony conviction.
Deputy District Attorney Michael Pear, who is prosecuting the case, said he decided to pursue a life sentence for Abernathy because of the "very violent, very vicious and very cruel nature" of the crime.
Abernathy is scheduled for a preliminary hearing in August. His lawyers did not return calls seeking comment.