Feb. 2, 2009 — The Virgin Islands' first animal-cruelty case, initially scheduled for trial last September, began Monday with a short jury-selection hearing in Superior Court on St. Croix. Opening statements will be heard Tuesday.
Max, a mixed-breed dog, was the victim in the long-delayed case. About three years ago Max was found tied to a tree, brutally beaten and blinded. He survived under the care of the St. Croix Animal Welfare Center and was adopted into a home. (See "Animal Advocates Question Prosecutors' Commitment to Cruelty Law.")
The defendant is Wilfredo Carmona of Frederiksted, and the charge is first-degree animal abuse. The charge applies to any person who maliciously or unnecessarily kills any animal or tortures, maims, mutilates, disfigures, wounds or inflicts unjustifiable pain. It also includes prohibitions against inducing a minor to maliciously perform any of these actions; trapping any animal as bait, prey or target for other malicious activities; poisoning any animal; and training dogs to fight.
Proponents pushed for the animal-cruelty legislation through five years of meetings, a few protests, volumes of professional testimony, a massive email campaign, a 3,000-signature petition, the unanimous vote of two Legislatures, two gubernatorial vetoes, a failed veto override and, finally, a successful veto override in May 2005.
The law brought the territory in step with at least 41 states and territories that have enacted felony animal-cruelty laws. The Humane Society of the United States lauded the territory at the time of the legislation, which makes animal cruelty in the first degree a felony punishable by imprisonment up to two years, with a fine not less than $2,000.
St. Croix AWC director of animal-care operations, Moises Carmona, has been subpoenaed to testify at Monday's hearing. Carmona was the warden who responded to Max's case.
For more information about the animal-abuse law or to obtain a copy, contact Gretchen Sherrill at 340-514-6326.
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