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A man continues to face criminal charges in the Circuit Court of Miami-Dade, Eleventh Judicial Circuit, for the hanging of a dog that occurred in January of earlier this year at Newmark Stables. The man, 58 year old, Luis Pedro Batista, who himself cared for various animals at his stables, was surprised when the stray dog wandered onto the property and ate several chickens and geese. He had raised the geese from when they were small. Mr. Batista retaliated by securing a choker chain around the dog's neck, tying that to a rope, throwing the rope over a wooden beam and hanging the dog. A concerned neighbor called 911 and when the police and animal control arrived, he admitted "I lost it." He is being prosecuted for third-degree animal cruelty and faces up to five years in prison. The judge on the other hand, Rosa Rodriguez, feels that rather than sentencing him to any jail time, that the prosecution should enroll him in a program that would result in having the charges dropped and removed from his record altogether. The defense brought in a slew of character witnesses who testified that the defendant is practically a saint when it comes to animals and cited to many instances where he went out of his way to care for animals. The prosecution refuses and still seeks jail at this time. She questioned whether the event constituted a cruel death altogether and whether the prosecution would be able to make a case for a felony, because of the necropsy report which indicated that the dog's neck snapped, making the death swift. The case is next up for hearing on May 6, 2008. If you feel differently, and feel the judge is being too soft on this gruesome killing of a defenseless animal, feel free to send letters regarding your opinion to: Chambers of Judge Rosa Rodriguez Richard E. Gerstein Justice Building 1351 N.W. 12th Street Room 318 Miami, Florida 33125
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