Bird watcher shoots cat, gets animal cruelty trial

[Mule]

http://www.nytimes.com/2007/11/14/us...ysBgKjOiP6YsDw

GALVESTON, Tex., Nov. 13 — Jurors heard opening arguments on Tuesday in the trial of a bird-watching enthusiast who fatally shot a cat that he said was stalking endangered shorebirds.

The defendant, James M. Stevenson, is the founder of the Galveston Ornithological Society and leads bird-watching tours on this Gulf Coast island 60 miles southeast of Houston. If convicted on animal cruelty charges in the shooting last November, he faces up to two years in jail and a $10,000 fine.

Mr. Stevenson, 54, does not deny using a .22-caliber rifle fitted with a scope to kill the cat, which lived under the San Luis Pass toll bridge, linking Galveston to the mainland. He also admits killing many other cats on his own property, where he operates a bed and breakfast for some of the estimated 500,000 birders who come to the island every year.

In her opening statement, Paige L. Santell, a Galveston County assistant district attorney, told the jury of eight women and four men that Mr. Stevenson “shot that animal in cold blood” and that the cat died a slow and painful death “gurgling on its own blood.”

She said that the cat had a name, Mama Cat, and that though the cat lived under a toll bridge, she was fed and cared for by a toll collector, John Newland. He is expected to testify.

Whether the cat was feral is the crucial point in this case. Mr. Stevenson was indicted under a state law that prohibited killing a cat “belonging to another.” Prompted by this case, the law was changed on Sept. 1 to include all cats, regardless of ownership.

Ms. Santell argued that because Mr. Newland had named, fed and given the cat bedding and toys, the cat belonged to him and was not feral.

Mr. Stevenson’s lawyer, Tad Nelson, admitted in his opening statement that his client went to the San Luis Pass toll bridge with “an intent to kill.” but that he had planned to kill a wild animal that was preying on endangered piping plovers. “This man has dedicated his whole life to birds,” Mr. Nelson said, pointing at Mr. Stevenson.

The case has prompted emotional commentary on the Internet. Cat enthusiast blogs have called Mr. Stevenson a “murderous fascist” and a “diabolical monster.” Birding blogs have defended his right to dispense with a “terrible menace” and have set up funds to help pay for his defense.

In an interview in a courthouse elevator during a break in the trial, Mr. Stevenson said heatedly that cat fanciers who have condemned him and sent him hateful correspondence “think birds are nothing but sticks.” “This is about wild species disappearing from your planet,” he said, adding, “I did what I had to do.”

Testimony followed from police officers and the veterinarian who performed the autopsy on Mama Cat, a white and gray tabby mix. The jurors were shown several photographs of the bloodied cat, reminiscent of an episode of “CSI: Miami.”

Pictures of the crime scene showed trays of cat food, blankets and cat toys hanging from strings under the bridge. The .22-caliber rifle Mr. Stevenson used to kill the cat along with his magazine full of Remington hollow-point bullets were also on display.

The prosecution and defense wrangled repeatedly about whether witnesses could accurately assess the cat’s state of mind.

“He’s not qualified to know what the cat was feeling,” said Mr. Nelson, when a police officer, John P. Bertolino Sr., testified that the cat was in terrible pain when he arrived at the crime scene. The cat died en route to a Humane Society facility.

The trial, which is expected to take a week, had few spectators save a handful of bird lovers and cat lovers who sat on opposite sides of the courtroom. One side nodded emphatically at Ms. Santell’s arguments, and the other nodded whenever Mr. Nelson objected.

“How people feel about the trial depends on who you talk to,” said Victor Lang, a local historian, adding that bird-watchers and cat fanciers obviously had the strongest views.

Though others may argue passionately about whether Mr. Stevenson should be punished, Mr. Lang said he did not have strong feelings about the case.

“But you see, I’m a dog person,” he said. “If he had shot a dog, then I’d be more upset.”

"Assess the cat's state of mind"? Killed it "in cold blood"? Freaking unbelievable.

[FrankStylV7]

feral cats, along with imported European rats, are THEE greatest threats to indigenous species in not only this country but the entire world.

Frankly, not enough is being done/has been done to eliminate this threat, as many native species of reptiles, birds and small mammals have been driven to the brink, or even to, extinction.

[firststringer]

I've had them pretty much my entire life so I am qualified to assess any cat's mental state. They are all freaking crazy.

But not as crazy as some of these "cat people", and apparently, "bird people", too...

That said, am I to understand that this guy was discharging a firearm on public property against an animal (and a small one at that) that was not posing a threat to him or any other human being? Now I know this happened in Texas and all, but putting aside the animal cruelty issue for a moment, is that sort of behavior legal?

Can you shoot guns on public property, in Texas, against non-lethal threats?

[Mule]

I'm guessing yes. It varies from state to state, but here in Minny you can discharge a firearm openly anywhere outside of most city limits (and that depends on each city's statutes), as long as you're doing it in a safe manner. Most states are similar, but have different laws about proximity from occupied buildings, etc.

Since he wasn't charged with any sort of negligent discharge/unlawful discharge of a firearm, I'm assuming he fired it outside of any city limits, within their safety laws, etc.

Also, feral animals usually aren't "on the license" in most states (meaning, they're not protected by game laws outside of any established hunting seasons) and basically live in their own little DMZ their entire lives. Feral cats (we call them "strays" here) are a big problem here too, and I kill any I see on my property. I know Texas has big problems with feral hogs, and a lot of them get shot year 'round, because they're so destructive.

[Led, the Revenge]

Originally Posted by FrankStylV7

feral cats, along with imported European rats, are THEE greatest threats to indigenous species in not only this country but the entire world.

Frankly, not enough is being done/has been done to eliminate this threat, as many native species of reptiles, birds and small mammals have been driven to the brink, or even to, extinction.

What we do, which is capture and neuter feral cats before rehoming them to farms etc is actually of greater impact than culling. In most cases, a cull only has a temporary reduction in population numbers - simply as a result of simple biology. Reduce the predators, the prey have a population increase, more food for the remaining predators results in increased breeding, and healthier offspring so you ultimately just make a healthier generation in the long run with no positive effect for the result you were trying to achieve. Responisble ownership in neutering pets is THE best way to prevent feral populations and would also stop the mass euthanasia of otherwise healthy animals in rehoming shelters. I disagree on the reason for the loss of species being mostly down to ferals - they have a contribution certainly, but the impact of civilisation upon habitat and food sources is far far greater, and I doubt that anyone here could call me an animal rights "activist" or environmentalist.

In regards to the cat being feral, the term feral is used entirely innacurately by the layman. Very few humans see an actual feral, let alone get close to one. Previously owned strays, sure. Ferals are cats that have never had human contact and are terrified of them - corner one or try and handle it and it will rip your arms and face to shreds. The people calling this guy a fascist are lunatics, I understand why he did it - the problem I have is he apparently left it to suffer. If you believe it's a "feral" and are simply culling it, make sure its a clean kill to the point of shooting it again when it's down (I make the same argument that some vivisection is essential, just make it humane as possible). I AM in a position unlike most on either side in the public to say that animals DO suffer pain, fear and the such and have complex emotions (for want of a better word) and if anyone scoffs, they weren't the ones involved in trying to (unsuccessfully) save a families pet after people had attacked it with their dog and left it drown on its own blood.

[alice]

I've got a question for you, led... Why hasn't anyone developed an oral contraceptive for cats that can be put in food? Not for pets, for feral cats. For pets, people can bring them to the vet for something 100% effective. I think all the crazy cat lady organizations where volunteers go to dumpsters and feed strays could use it. I know it wouldn't be 100% effective, but if it was 40% effective, that would be better than nothing.