Cushing teen accused of animal cruelty

Escrito por Nuria Querol i Viñas. Publicado en News in English.

A Cushing teenager who has been accused of animal cruelty in a dog's death remains free on $7,500 bail pending a Feb. 7 court appearance when he can ask for a preliminary hearing on the felony charge.  

http://www.cushingdaily.com/articles/2005/01/12/news/local_news/news01.txt

Cushing teen accused of animal cruelty

Patti Weaver, CDC Correspondent

A Cushing teenager who has been accused of animal cruelty in a dog's death remains free on $7,500 bail pending a Feb. 7 court appearance when he can ask for a preliminary hearing on the felony charge.

Leo Littlecreek Martinez, 18, could receive as much as a five-year prison term if convicted of kicking the white Boxer dog in the throat, causing pain, swelling and death to the animal on Sept. 19, court records show.

The dog's owner, Kay L. Jones, who lives east of Cushing, said that she wants Martinez to serve jail time, according to her victim impact statement filed in court in December.

Martinez has also been accused of shoving Jones to the ground and hitting her on her chest after being asked to leave her residence on the day of the alleged incident, court records show.

If convicted of misdemeanor assault and battery of Jones, Martinez could receive as much as a 90-day county jail term and $1,000 fine, according to the charge filed in September.

An affidavit by Payne County Deputy Sheriff George Disel alleged that "The defendant had come uninvited to the victims' property where the victims' son was having a party, and engaged in fights with some of the guests.

"Victim Kay Jones advised that after she had told the defendant to leave, the defendant pushed her down on the ground by hitting her with both hands on her chest," Disel's affidavit alleged.

"Victim Mark Jones advised that after telling the defendant to leave the property, the defendant refused," the affidavit alleged.

"Then, when Mark Jones went into the house, the defendant kicked the Jones' family dog on the throat which caused swelling to the neck, difficulty breathing and death a short time later," the affidavit alleged.

"The victim advised that the dog has never attacked or bitten anyone and has always been friendly to people," the affidavit said.

Disel said that he spoke to a witness attending the party, who said that he saw Martinez push Kay Jones down after she told him to leave the property, the affidavit said.

"The witness also told me that he saw the defendant kick Mark Jones' dog as the defendant was walking towards a truck. The witness advised that the defendant said, 'Get the f--- out of my way,' then kicked the dog on the lower throat," the affidavit alleged.

"The witness advised that the dog did not do anything threatening towards the defendant or anyone else in the area and that the dog has always been friendly to everyone," the affidavit said.

In her victim impact statement, Kay Jones wrote, "Some of my son's friends had gotten together to play some pool. Leo is not one of my son's friends, but Leo was let out at our home. He started causing trouble.

"My husband and I and Big Boy (the dog) were in the bedroom. We were told of the trouble and we went outside telling him to leave.

"He was crazy and clearly on some drugs," Kay Jones alleged in her victim impact statement.

"He threatened to kill my husband, burn our house down. He shoved me and knocked me backwards," she alleged in the statement filed in court records.

She said that she and her husband had started walking toward their house when she saw that the gate was open and called to the family dog.

The dog "was just standing at the end of the carport.

"He came to me and his neck and face was swollen and he started having trouble breathing.

"I got him into the house and he was so swollen he couldn't hardly breathe.

"He crawled into my lap and he started getting white and cold.

"We gave him CPR and called Dr. Denney and he died.

"Everyone in my family has took the loss of Big Boy very hard."