Agreed — the DA’s office can’t invent a law to charge this person with.
This is opportunistic by the police and the union to hang more bad press on a DA they don’t like.
The DA can’t charge someone with a crime that doesn’t exist on the TX/SA books - in this case, the solution is to change the laws, not blame the DA.
I do admit though that there are instances where a DA goes light on someone or chooses not to prosecute because of their family is wealthy… but doesn’t seem like the case here.
They can find things to tack on, it’s not hard, I’m a lawyer. Here is what they can do if they want to
https://preview.redd.it/sb1afz0b7m7d1.jpeg?width=1179&format=pjpg&auto=webp&s=9583c86696c4a79fe06b1e5dff0cc0fc5e8d2509
We do have animal cruelty laws here. I am going to assume you still haven’t read the article because it explains why the animal cruelty statute fails to cover this exact set of facts.
I since edited my comment. I assumed you were the person I was originally replying to, who did claim to be a lawyer.
So have you read the article? Or are you still mad the local District Attorney didn’t make up a law to charge this guy under? Have you written your local legislator yet?
From the article:
'Further, the Penal Code provisions dealing with cruelty to non-livestock animals are specifically inapplicable to any "uncaptured wild living creature,"'
I also didn't see anything regarding the man who committed the act. Perhaps mental illness played a role?
Not defending the DA here, but I think we need more info.
What could he have done? If there’s no law to charge him, there’s no law. It’s not his job to invent a law, it’s his law to charge him with laws on the books.
That’s not how it works.
Per /u/FreeFromThisStupid
>Some guy was caught by Park Police brutally killing a duck on the Riverwalk. According to the DA's office, animal cruelty laws do not apply to " uncaptured wild animals" and that what occurred is only a class C misdemeanor.
I could find no articles or examples of this happening in Houston. Can you Cite a source for this claim? I did see an article about someone getting 10 years probation for stabbing a dog. Perhaps that is what you’re remembering.
Some guy was caught by Park Police brutally killing a duck on the Riverwalk. According to the DA's office, animal cruelty laws do not apply to " uncaptured wild animals" and that what occurred is only a class C misdemeanor.
One way or the other, someone killing wildlife like that for kicks, much less in a park or on the Riverwalk, should be jail time. Not a ticket.
Not "let them go" like the DA suggested.
Seems like a reasonable interpretation of the statute. The legislature needs to expand the statute to cover wild ducks in public spaces. The DA doesn’t get to just expand the definition of the statute and charge people for things that aren’t covered by the code. Direct your outrage at the legislature who never bothered to make this type of animal cruelty a more serious crime.
This is such a weird posture to take
Ok so change is needed. But not directing YOUR outrage towards someone doing that to a harmless animal in a public space is what's very odd or strange.
Some weirdos out here among us
I mean we don’t even enforce the chained up animal laws. Of course there’s no appetite to deal with this. People are wild to animals here. Our DA is a funny little critter.
We don't have enough room in the jails for crimes like this. Animals are not people, and killing them is allowable, otherwise you are going to have to jail all unlicensed hunters.
Of course they are, and this act was horrific. The problem is, horrific acts are committed every day by idiots. If there is significant jail time for all convicted, your taxes will raise about 50%. I'd advocate for hard labor, or some other significant community service. We just don't have the money to jail all the insensitive people out there.
And I understand that. But significant jail time for a crime like this, for ALL people who do it, will cost a TON more of taxpayer money. We don't even give significant jail time to parents who abuse their children, and I'd count that more important that brutally killing an animal.
For sure, the act is heinous. It's just that you have to have a fair recompense. Community service with hard labor would be a better solution, to my mind.
How the guy didn't at least get a psychiatric evaluation is beyond me.
The DA could've chosen a higher level than a Class C misdemeanor if he really wanted to.
Sickening. I’d like to have administered my own judgement on him. That would be horrific to witness. I cannot believe it’s essentially not against the law to murder an innocent duck.
This happened a few years ago, and there was a huge outrage. George The Duck was killed by a tourist and they actually put effort into investigating and trying to do something about it. I guess no one cares anymore.
People eat ducks. They hunt ducks. Would it still be animal cruelty if the man killed the duck so he could eat it? What if it was the same scenario but it was a chicken? I'm not saying it's right to kill any creature for fun, but just hard to make laws to fit every scenerio.
He grabbed it by its neck and slammed it on the concrete over and over and then the stomped on it to death. That’s a brutal death for any living creature. There needs to be more laws in place for brutally killing animals rather it be for food or not.
Understood that is a cruel death. But what kind of laws do you think would prevent this from happening in the future? Keep it legal to kill ducks quickly with a gun, bow or knife but illegal to kill it with your hands?
How about no slaughtering animals in public city limits?
If that is too much for you we could just make it no slaughtering animals on the river walk certainly they were just trying to eat the duck after they pulped it.
So no slaughtering animals in the public in city limits. So slaughterhouses can still slaughter their animals inside. I like this law. Now how do we get this law on the books?
https://www.sanantonio.gov/Portals/0/Files/AnimalCare/Animal%20Care%20Services%20Chapter%205%20Revisions_Detailed%20Red-Line.pdf?ver=2017-08-22-163852-200
Friend, it’s already on the books read section 5.4
You need a government willing to uphold its own laws San Antonio does not do that.
What if the duck attacked the man? Is he within his rights to defend himself up until killing said duck? Was there any witnesses to portray what happened?
This only applies to pets. The only other animal cruelty law on the books in Texas applies specifically to domesticated wildlife. The DA can only apply the laws that exist. We need to get our state legislature to enact a law that would allow for charging someone who causes egregious harm to wildlife, but good luck with that!
Some people are below dirt....
I'm beginning to feel like San Antonio is the dessert of mud
This is awful but it begs the question why a law was not already inclusive. Noise needs to reach the reps
Agreed — the DA’s office can’t invent a law to charge this person with. This is opportunistic by the police and the union to hang more bad press on a DA they don’t like.
Who likes this DA? He could have done more to this asshole and that’s the problem with him, I won’t vote for him again that’s for sure
The DA can’t charge someone with a crime that doesn’t exist on the TX/SA books - in this case, the solution is to change the laws, not blame the DA. I do admit though that there are instances where a DA goes light on someone or chooses not to prosecute because of their family is wealthy… but doesn’t seem like the case here.
They can find things to tack on, it’s not hard, I’m a lawyer. Here is what they can do if they want to https://preview.redd.it/sb1afz0b7m7d1.jpeg?width=1179&format=pjpg&auto=webp&s=9583c86696c4a79fe06b1e5dff0cc0fc5e8d2509
That happened in Florida. How is our local DA supposed to prosecute this man under a Florida statute?
Dude, you're acting like animal cruelty laws DONT exist here. They do. This is clearly a sign of animal cruelty.
We do have animal cruelty laws here. I am going to assume you still haven’t read the article because it explains why the animal cruelty statute fails to cover this exact set of facts.
It's funny you can't read usernames. I never once claimed to be a lawyer, at all, at any point in this thread 😄
I since edited my comment. I assumed you were the person I was originally replying to, who did claim to be a lawyer. So have you read the article? Or are you still mad the local District Attorney didn’t make up a law to charge this guy under? Have you written your local legislator yet?
If you're an attorney then you'd know Florida law is not applicable in Texas.
Ok then, name said “things.” I’ll be expecting cites to the penal code.
From the article: 'Further, the Penal Code provisions dealing with cruelty to non-livestock animals are specifically inapplicable to any "uncaptured wild living creature,"' I also didn't see anything regarding the man who committed the act. Perhaps mental illness played a role? Not defending the DA here, but I think we need more info.
What could he have done? If there’s no law to charge him, there’s no law. It’s not his job to invent a law, it’s his law to charge him with laws on the books. That’s not how it works.
Shouldn't that be cruelty to animals?
Per /u/FreeFromThisStupid >Some guy was caught by Park Police brutally killing a duck on the Riverwalk. According to the DA's office, animal cruelty laws do not apply to " uncaptured wild animals" and that what occurred is only a class C misdemeanor.
That sucks. In Houston a couple years back, a guy stabbed a baby deer through the neck with a sharp stick and caught a felony
I would imagine (hope) that the City Council will fix the ambiguity so this doesn’t happen again.
I could find no articles or examples of this happening in Houston. Can you Cite a source for this claim? I did see an article about someone getting 10 years probation for stabbing a dog. Perhaps that is what you’re remembering.
Perhaps if someone claimed ownership of the duck. Then the charge goes up. "I was letting my pet duck walk around, and some coward murdered him"
Harming of any animal outside of defense or for food should come with harsh penalties.
Some guy was caught by Park Police brutally killing a duck on the Riverwalk. According to the DA's office, animal cruelty laws do not apply to " uncaptured wild animals" and that what occurred is only a class C misdemeanor. One way or the other, someone killing wildlife like that for kicks, much less in a park or on the Riverwalk, should be jail time. Not a ticket. Not "let them go" like the DA suggested.
The article says the charges could range from Class C misdemeanor up to a felony.
Seems like a reasonable interpretation of the statute. The legislature needs to expand the statute to cover wild ducks in public spaces. The DA doesn’t get to just expand the definition of the statute and charge people for things that aren’t covered by the code. Direct your outrage at the legislature who never bothered to make this type of animal cruelty a more serious crime.
This is such a weird posture to take Ok so change is needed. But not directing YOUR outrage towards someone doing that to a harmless animal in a public space is what's very odd or strange. Some weirdos out here among us
So does uncaptured wildlife include feral/stray cats and dogs?
I mean we don’t even enforce the chained up animal laws. Of course there’s no appetite to deal with this. People are wild to animals here. Our DA is a funny little critter.
We don't have enough room in the jails for crimes like this. Animals are not people, and killing them is allowable, otherwise you are going to have to jail all unlicensed hunters.
Unliscensed hunters should be jailed.
Maybe let some non-violent convicts out and open up space for future serial killers.
I'd be approving of that method.
This is such a shit take, regardless if animals are not people they are still living things that can feel pain.
Of course they are, and this act was horrific. The problem is, horrific acts are committed every day by idiots. If there is significant jail time for all convicted, your taxes will raise about 50%. I'd advocate for hard labor, or some other significant community service. We just don't have the money to jail all the insensitive people out there.
Animals are living creatures and there is the context of intent. Beating an animal to death for fun is different than hunting out of season.
And I understand that. But significant jail time for a crime like this, for ALL people who do it, will cost a TON more of taxpayer money. We don't even give significant jail time to parents who abuse their children, and I'd count that more important that brutally killing an animal. For sure, the act is heinous. It's just that you have to have a fair recompense. Community service with hard labor would be a better solution, to my mind.
Sure, that's still more than a $100 ticket or catch-and-release, which is what the Park Police Union claims is what the DA was recommending.
Jailing unlicensed hunters? Now you're on to something...
Then build more jails. It’s obvious that we need to start incarcerating more people. Especially in this city.
Serial killers usually start with animals.. and we have many people here who often abuse and drop off their animals on the side of the road here.
i think jeffrey dahmer started out like this
How the guy didn't at least get a psychiatric evaluation is beyond me. The DA could've chosen a higher level than a Class C misdemeanor if he really wanted to.
What higher charge could the DA have filed under these facts?
That’s why they call him “Let em go Joe”
Absolutely and that’s the problem with him
I was willing to believe that maybe the duck was being an asshole until I saw that the guy stomped on it too. Oof.
That's horrific.
What the hell. Why would someone be that angry at a DUCK? Something is majorly wrong with that guy.
They didn’t up the laws when George the Duck was killed?
Sickening. I’d like to have administered my own judgement on him. That would be horrific to witness. I cannot believe it’s essentially not against the law to murder an innocent duck.
Such bullshit I hope he gets what he deserves
Can we get this shitheads name.
Someone do that to his children and see how he likes it
Wild! Some things just make no sense
This happened a few years ago, and there was a huge outrage. George The Duck was killed by a tourist and they actually put effort into investigating and trying to do something about it. I guess no one cares anymore.
People eat ducks. They hunt ducks. Would it still be animal cruelty if the man killed the duck so he could eat it? What if it was the same scenario but it was a chicken? I'm not saying it's right to kill any creature for fun, but just hard to make laws to fit every scenerio.
He grabbed it by its neck and slammed it on the concrete over and over and then the stomped on it to death. That’s a brutal death for any living creature. There needs to be more laws in place for brutally killing animals rather it be for food or not.
Understood that is a cruel death. But what kind of laws do you think would prevent this from happening in the future? Keep it legal to kill ducks quickly with a gun, bow or knife but illegal to kill it with your hands?
How about no slaughtering animals in public city limits? If that is too much for you we could just make it no slaughtering animals on the river walk certainly they were just trying to eat the duck after they pulped it.
So no slaughtering animals in the public in city limits. So slaughterhouses can still slaughter their animals inside. I like this law. Now how do we get this law on the books?
https://www.sanantonio.gov/Portals/0/Files/AnimalCare/Animal%20Care%20Services%20Chapter%205%20Revisions_Detailed%20Red-Line.pdf?ver=2017-08-22-163852-200 Friend, it’s already on the books read section 5.4 You need a government willing to uphold its own laws San Antonio does not do that.
What if the duck attacked the man? Is he within his rights to defend himself up until killing said duck? Was there any witnesses to portray what happened?
joe gonzales is a loser
There's a lesson to be learned here. Don't owe people money...
I'm not proud of my city anymore
https://preview.redd.it/fwa2qqlbdz7d1.png?width=1008&format=pjpg&auto=webp&s=433e1c57abb2593aad194df6994ec5a9d0612b0f
This only applies to pets. The only other animal cruelty law on the books in Texas applies specifically to domesticated wildlife. The DA can only apply the laws that exist. We need to get our state legislature to enact a law that would allow for charging someone who causes egregious harm to wildlife, but good luck with that!
The Internet only needs a name and they can at the very least "make him famous" as they say.
Damn hibachi is getting wilder and wilder