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There won't be a retrial...
Mistrial declared in cat-shooting case
By Scott E. Williams
The Daily News
Published November 17, 2007
GALVESTON — After a judge declared a mistrial, prosecutors said they won’t retry a Galveston bird watcher who shot and killed a cat near San Luis Pass.
Visiting Judge Frank Carmona declared a mistrial Friday afternoon in the case of Jim Stevenson, 54, after the 56th State District Court jury announced it could not reach a unanimous verdict.
Reports that the deadlock was eight votes for guilty, four votes for not guilty could not be confirmed. State law requires all criminal verdicts to be unanimous.
Stevenson, president of the Galveston Ornithological Society, faced a charge of cruelty to animals for shooting a cat near the San Luis Pass bridge in November 2006.
The crux of the case was whether the cat was feral or domesticated. While a mistrial means that prosecutors could retry the case, First Assistant District Attorney Joel Bennett said they would not.
“We have gathered all the evidence that is there to be gathered, and a jury that heard all this evidence could not reach a unanimous verdict,” he said. “There’s no reason to suspect another jury would be able to do so, and we’re considering the matter closed.”
Stevenson said Friday night that he was relieved, not for himself, but for the creatures in the wild. He said media attention on his case — including coverage by broadcast-television networks and The New York Times — could lead people who cared about animals to work together.
“I think my relief is not so much that my case is over as it is for the potential here that the red and blue sides will be able to communicate now and find a solution that will work for cats and birds,” he said.
Defense attorney Tad A. Nelson said he was glad to know the case would not be returning to court.
“That’s great news,” he said. “Jim Stevenson did not deserve to have a felony on his record for this. He’s an honorable man, and he’s completely devoted to those birds and committed to eco-tourism.”
However, Nelson remained as critical of prosecutors’ handling of the case as he had been during the trial, calling the prosecution efforts “dishonest” and accusing them of pandering to emotions in lieu of the facts.
“From the get-go, they never argued the case,” Nelson said. “They just said, ‘Aw, this is so inhumane.’ They tried to incite the jury, and I found that offensive.”
County Criminal District Attorney Kurt Sistrunk said Nelson’s assertion was baseless.
“Prosecuting animal cruelty cases isn’t an imagined concern that’s only present in Galveston County,” Sistrunk said. “In fact, if you look at what the state Legislature did in the last session, you’ll see that the definition of ‘animal’ now includes ‘any stray or feral cat or dog.’ That’s the law.”
Stevenson and Nelson admitted Stevenson had shot the animal with his rifle but said the cat was feral and had been threatening birds in the area.
A bridge worker had claimed that he had cared for the cat, leaving it food and toys.
The charge applied against anyone who kills or seriously harms an animal “without legal authority or the owner’s consent.”
Police officer John Bertolino on Nov. 8 was on his way to the San Luis Pass, where a caller had reported hearing shots fired, when he stopped a van with a Galveston Ornithological Society logo on its side near 15 Mile Road. Bertolino found a. 22-caliber rifle in the van.
One of the toll bridge workers was following the van and later told police the van’s occupant had shot a cat, which suffered a severed spine. The cat died while Bertolino was taking it to a veterinarian.
Stevenson said he had only one problem remaining from the case.
“I just can’t get the reporters to stop calling,” he said.
http://news.galvestondailynews.com/story.lasso?ewcd=4fb909ab0d20bcee
-- John D.
There won't be a retrial...
Mistrial declared in cat-shooting case
By Scott E. Williams
The Daily News
Published November 17, 2007
GALVESTON — After a judge declared a mistrial, prosecutors said they won’t retry a Galveston bird watcher who shot and killed a cat near San Luis Pass.
Visiting Judge Frank Carmona declared a mistrial Friday afternoon in the case of Jim Stevenson, 54, after the 56th State District Court jury announced it could not reach a unanimous verdict.
Reports that the deadlock was eight votes for guilty, four votes for not guilty could not be confirmed. State law requires all criminal verdicts to be unanimous.
Stevenson, president of the Galveston Ornithological Society, faced a charge of cruelty to animals for shooting a cat near the San Luis Pass bridge in November 2006.
The crux of the case was whether the cat was feral or domesticated. While a mistrial means that prosecutors could retry the case, First Assistant District Attorney Joel Bennett said they would not.
“We have gathered all the evidence that is there to be gathered, and a jury that heard all this evidence could not reach a unanimous verdict,” he said. “There’s no reason to suspect another jury would be able to do so, and we’re considering the matter closed.”
Stevenson said Friday night that he was relieved, not for himself, but for the creatures in the wild. He said media attention on his case — including coverage by broadcast-television networks and The New York Times — could lead people who cared about animals to work together.
“I think my relief is not so much that my case is over as it is for the potential here that the red and blue sides will be able to communicate now and find a solution that will work for cats and birds,” he said.
Defense attorney Tad A. Nelson said he was glad to know the case would not be returning to court.
“That’s great news,” he said. “Jim Stevenson did not deserve to have a felony on his record for this. He’s an honorable man, and he’s completely devoted to those birds and committed to eco-tourism.”
However, Nelson remained as critical of prosecutors’ handling of the case as he had been during the trial, calling the prosecution efforts “dishonest” and accusing them of pandering to emotions in lieu of the facts.
“From the get-go, they never argued the case,” Nelson said. “They just said, ‘Aw, this is so inhumane.’ They tried to incite the jury, and I found that offensive.”
County Criminal District Attorney Kurt Sistrunk said Nelson’s assertion was baseless.
“Prosecuting animal cruelty cases isn’t an imagined concern that’s only present in Galveston County,” Sistrunk said. “In fact, if you look at what the state Legislature did in the last session, you’ll see that the definition of ‘animal’ now includes ‘any stray or feral cat or dog.’ That’s the law.”
Stevenson and Nelson admitted Stevenson had shot the animal with his rifle but said the cat was feral and had been threatening birds in the area.
A bridge worker had claimed that he had cared for the cat, leaving it food and toys.
The charge applied against anyone who kills or seriously harms an animal “without legal authority or the owner’s consent.”
Police officer John Bertolino on Nov. 8 was on his way to the San Luis Pass, where a caller had reported hearing shots fired, when he stopped a van with a Galveston Ornithological Society logo on its side near 15 Mile Road. Bertolino found a. 22-caliber rifle in the van.
One of the toll bridge workers was following the van and later told police the van’s occupant had shot a cat, which suffered a severed spine. The cat died while Bertolino was taking it to a veterinarian.
Stevenson said he had only one problem remaining from the case.
“I just can’t get the reporters to stop calling,” he said.
http://news.galvestondailynews.com/story.lasso?ewcd=4fb909ab0d20bcee
-- John D.
