In Bakersfield, California, the woman charged with dragging a small dog alongside of an electric scooter has asked a Kern judge to consider a motion to reduce a felony animal cruelty charge to a misdemeanor. The trial for Elaine Rosa, 40, had been scheduled to begin on September 21 and has been pushed back to October 26 to give the judge time to file his response.
According to KgetNews, on Thursday, Rosa’s attorney argued the case didn’t rise to the level of a felony, and that what happened was an accident which resulted in minor injuries to the dog. In addition, her attorney stated his client was a captain in the California National Guard and a licensed clinical psychologist with no previous criminal record.
Prosecutors charged Rosa with felony animal cruelty and a misdemeanor for failing to provide animal care. Rosa was spotted dragging the small dog behind an electric scooter in early January 2019. Brandon Saunders witnessed the disturbing situation and confronted Rosa. Saunders stated the woman acted “indignant” and said she would call authorities.
“The dog was on its side, and we watched it being drug at least 100 yards and there’s no telling how long she had been dragging it for before we saw it,” Saunders posted on social media. “You can see that its paws are all completely bloody. I was unable to get a good picture of the poor dog’s side.”
Prosecutors asked Judge Michael G. Bush to deny the motion stating her actions did meet the standard of criminal negligence citing Rosa recklessly ignored the risk of serious injury or death to the dog. Photographs and video clips of the incident were provided to the judge.
The dog, named Zebra received treatment for his injuries including staples in his left leg and was returned to the legal owner.
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