Dauphine v. United States

73 A.3d 1029, 2013 WL 4556546, 2013 D.C. App. LEXIS 527
CourtDistrict of Columbia Court of Appeals
DecidedAugust 29, 2013
DocketNo. 12-CM-39
StatusPublished
Cited by6 cases

This text of 73 A.3d 1029 (Dauphine v. United States) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dauphine v. United States, 73 A.3d 1029, 2013 WL 4556546, 2013 D.C. App. LEXIS 527 (D.C. 2013).

Opinion

PRYOR, Senior Judge:

After a nonjury trial, appellant was found guilty of attempted cruelty to animals in violation of D.C.Code §§ 22-1001, -1803 (2001). On appeal she contends the evidence was legally insufficient, and specifically that recent amendment of the statute changed it to a specific intent offense, thus rendering the evidence insufficient to convict. Being unpersuaded by these contentions, we affirm.

I.

At trial, the government’s evidence revealed that for approximately five years prior to the date of the incident, Ms. Frances Sterling, a resident of the Park Square Apartments, had been feeding neighborhood cats by setting a bowl of cat food between plants located near the entrance to her building. On March 2, 2011, Ms. Sterling left the food in the bowl as she always did, making sure that the area was clean. The next morning, on her way to the store, Ms. Sterling checked the food and noticed a yellow or white powdery substance. She called the Washington Humane Society (WHS) to report the incident and WHS dispatched Officer Daniel D’Eramo to collect samples and take pictures of the scene. Officer D’Eramo placed the samples in an evidence bag, which was sent to Michigan State University for testing.

Dr. Wilson K. Rumbeiha, a veterinary toxicologist, examined the powdery substance and determined that it was broma-dialone, an anticoagulant rodenticide that kills rodents by inhibiting their blood-clotting mechanisms. Dr. Janet Rosen of the Washington Animal Rescue League testified regarding the effects bromadialone would have on an animal if ingested. She described how the animal would suffer from internal bleeding, and would become very weak and have difficulty breathing as well as experiencing joint swelling and lameness. In her words, “it’s not a pretty way to die.”

In addition, the government introduced a surveillance video that showed appellant walking towards the bushes where the food bowls were kept, reaching into a black bag and then placing something in the vicinity of the food bowls. Appellant, testifying in her own defense, admitted that she did approach the food dishes, as shown on the video, but denied putting anything into the food dishes, claiming she was only cleaning the area to keep rats away.1

After hearing evidence, the trial court found that after Ms. Sterling cleaned the cat food area at 2:00 p.m. on March 2, no one else, other than Ms. Sterling and appellant, was proximate to the area until the additional substance on the food was discovered by Ms. Sterling the following day. This finding was supported by the testimony of the government witnesses, all of whom the court found to be credible, as well as photographic and video evidence [1031]*1031which the court was able to view and assess for itself. The court determined that appellant’s claim that she went to the cat food bowl to clean the area did not “have the ring of truth,” as the court was able to view the surveillance video and conclude that appellant had walked purposefully towards the cat food bowl, put on gloves, reached into a black bag and then moved her hand towards the cat food bowl, actions “far more consistent with placing something there than cleaning the area.”

The court found that the government had proven the charge of attempted cruelty to animals beyond a reasonable doubt, and noted that the issue of malice in this case was a “red herring,” because “there wouldn’t be any way for anybody to poison animals that would eat cat food in a non-malicious fashion except some extraordinary circumstance which doesn’t naturally arise in this case.”

II.

D.C.Code § 22 — 1001(a)(1) (2001) provides, in pertinent part, that any person who “knowingly ... tortures, torments, ... or mutilates, any animal, or knowingly causes or procures any animal to be so ... tortured, tormented, ... or mutilated,” will be guilty of a misdemeanor. Prior to 2001, the language of the statute was essentially the same except the word “knowingly” was omitted.2 This court has not had occasion to apply this statute since its language was amended, and we take the opportunity now to clarify that our jurisprudence remains intact.

Here, appellant contends that there was insufficient evidence for the fact finder to conclude that she committed the crime knowingly with malice as required. Appellant acknowledges that our decision in Regalado v. United States, 572 A.2d 416 (D.C.1990), established the mens rea for this crime as general intent with malice, but contends that because the statute changed, Regalado no longer controls. Appellant posits that the addition of the term “knowingly” changes the statute from a crime of general intent with malice into a specific intent crime.

A.

The primary case in this area of the law is Regalado, supra. Appellant in that case was convicted of cruelty to animals, then codified at D.C.Code § 22-801 (1989 Repl.), for beating a puppy while he hung it upside down from a tree. Appellant’s defense was that he was disciplining the dog for urinating inside and that the beating as testified to by an eye witness did not happen. Regalado, supra, 572 A.2d at 418-19. He appealed his conviction, claiming that the evidence was insufficient because the government “failed to prove that he had the specific intent to harm the puppy.” Id. at 419.

The statute, as then-written, did not expressly specify a mens rea, and the trial court instructed the jury that it had to find appellant had “willfully” mistreated the animal, borrowing language from the instruction for cruelty to children. Id. at 419 (citing D.C.Code § 22-901 (1989 Repl.)). This court had previously held that cruelty to children was a “general intent crime ... requiring proof of malice.” Id. at 419 (citing Carson v. United States, 556 A.2d 1076, 1078 (D.C.1989)). Thus, we stated cruelty to children requires more than general intent, but less than specific intent, which “offers children the protection of the statute ... while ... not undermining the [1032]*1032domestic authority of parents.” Id. (internal quotation marks omitted).

Similar to the statute against cruelty to children, the statute prohibiting cruelty to animals recognizes the need for flexibility, permitting an owner to discipline an animal while preventing “beating[s] and the needless infliction of pain accompanied by a cruel disposition.” Id. at 420. While making clear that children are obviously deserving of more protection than animals, the Regalado court noted that like the statute in place to protect children, the statute protecting animals was “not intended to place unreasonable restrictions on the infliction of such pain as may be necessary for the training or discipline of an animal.” Id. at 420 (citation omitted).

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Cite This Page — Counsel Stack

Bluebook (online)
73 A.3d 1029, 2013 WL 4556546, 2013 D.C. App. LEXIS 527, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dauphine-v-united-states-dc-2013.