Feb. 4, 2009 — Wilfredo Carmona was found not guilty by a jury of his peers Wednesday in the Virgin Islands' first felony animal-cruelty prosecution. Animal cruelty was made a felony in the Virgin Islands in 2005.
Carmona, 29, of the Harvey housing community, was arrested on Jan. 19, 2008, and charged with first-degree animal cruelty. Max, a mixed-breed dog, was the animal victim in the long-delayed case.
In opening statements Tuesday, prosecutor Melissa Moroney recounted the crime, telling how in September 2006 Max was tied to a tree in the bushes near the Harvey housing community, brutally beaten and blinded. A young resident of the community who witnessed the incident untied the dog and took it to the St. Croix Animal Welfare Center, which got the dog veterinary treatment.
In March 2007, six months after the incident, the juvenile witness took Moises Carmona of the AWC, Moroney and several others to the site of the incident, where he described what occurred and picked up a board he said was the one used by Carmona to beat Max. The alleged weapon, which was admitted into evidence, is a rough one-by-four such as one might find as part of a wooden shipping pallet or window trim on a stable, with a single nail protruding about two inches near one end.
Defense attorney Miguel Camacho agreed the crime was serious, but said his client is innocent. The witness, a minor, identified Wilfredo Carmona as the person who beat the dog, saying he knew Carmona by the nickname Nene.
Though clear about the events he saw, under direct and cross examination, the young witness badly fumbled some seemingly simple questions about dates, and stumbled trying to read the police statement he signed. Then it was revealed the child is a special-education student and has a particular difficulty with dates and timelines. The defense used this to question the witness' reliability.
"He has a problem with dates and months," Camacho said. "Why does he remember all this and not the month it happened?"
Camacho also questioned how anyone could be certain the board in question was really the weapon, as it was found six months after the fact and didn't have any blood on it.
On Wednesday morning the jury heard from several witnesses, acquaintances and family of Carmona, who testified Carmona was kind to animals and would never harm a dog. As a jockey, he cares for horses, and professional colleagues testified about the gentleness of his care.
After taking lunch, the jury retired to chambers and deliberated for two hours, coming back with a unanimous verdict of "not guilty" just before 4 p.m. The jurors were polled individually and each of the 12 jurors affirmed their verdict.
"The guy that did this to that dog is still out there," Carmona said after the verdict. "The police need to find him and I'd like to come to court and see him convicted."
Moroney was philosophical about the verdict and wanted to thank her witness for coming forward.
"The jury spoke," she said. "Obviously I think we had enough evidence. But most importantly we owe thanks to the mother of our young witness for her bravery in allowing him to speak with us — and to him, to be brave enough as a 13-year-old to come forward and do what is right."
Gretchen Sherrill, communications director for the Animal Welfare Center, said she hoped this case would mark the beginning of a new era for how the abuse of animals is treated.
"We hope moving forward from this verdict we can cultivate a new relationship with the VIPD (V.I. Police Department) so the next abuse case brought to the court can be investigated thoroughly from the start, with partnership between the center and the police," Sherrill said. "People may not realize, but our wardens are not peace officers. We are just a non-profit organization."
The publicity the case has received may help the cause of preventing animal abuse, too.
"If this case makes people aware there is a law, that's a positive outcome," said Karen Poates, a board member at the center.
Back Talk Share your reaction to this news with other Source readers. Please include headline, your name and city and state/country or island where you reside.
