Mistrial in bird-watcher’s cat-shooting trial
By Gina Spadafori
November 16, 2007
From the Associated Press:
The trial of a prominent birdwatcher accused of animal cruelty for shooting a cat ended in a mistrial Friday after jurors couldn’t reach a verdict.
Jim Stevenson, the founder of the Galveston Ornithological Society, has admitted he shot the cat last fall because he saw it hunting a threatened species of bird near the San Luis Bridge Pass. If convicted, he would have faced up to two years in prison and a $10,000 fine.
The trial sparked an Internet debate between cat lovers who decry Stevenson’s actions and birders upset by the toll feral cats take on bird species. It’s also raised questions about what makes an animal a pet, especially if it lives outside.
Jurors deliberated for more than eight hours before the judge declared the mistrial.
“The jury was hopelessly deadlocked, so the government has to decide if they are going to waste more of taxpayers’ money trying this again,” said Stevenson’s attorney, Tad Nelson. “But they can try this a thousand times and they will never get a guilty because he didn’t commit a felony.”
Nelson said his client thought the cat was a stray. A state law bars the killing of domesticated animals without the owner’s permission.
But prosecutors argued that a toll bridge worker took care of the cat and named it “Mama Cat,” effectively becoming the pet’s owner. And they say Stevenson could have easily realized that if he’d looked around the bridge before firing.
The New York Times had a good piece on this case yesterday:
Mr. Stevenson, 54, does not deny using a .22-caliber rifle fitted with a scope to kill the cat, which lived under the San Luis Pass toll bridge, linking Galveston to the mainland. He also admits killing many other cats on his own property, where he operates a bed and breakfast for some of the estimated 500,000 birders who come to the island every year.
In her opening statement, Paige L. Santell, a Galveston County assistant district attorney, told the jury of eight women and four men that Mr. Stevenson “shot that animal in cold blood” and that the cat died a slow and painful death “gurgling on its own blood.”
She said that the cat had a name, Mama Cat, and that though the cat lived under a toll bridge, she was fed and cared for by a toll collector, John Newland. He is expected to testify.
Whether the cat was feral is the crucial point in this case. Mr. Stevenson was indicted under a state law that prohibited killing a cat “belonging to another.” Prompted by this case, the law was changed on Sept. 1 to include all cats, regardless of ownership.
Feral cat caretakers have had to fight charges that they commit “abandonment” because they do not take feral cats into their homes. Their argument is that they are not the owners of feral cats even if they feed them or do TNR. I agree with this argument.
Likewise if I put bird seed out in a bird feeder, the birds are not “belonging” to me.
From what I’ve read, the cat Mr. Stevenson shot was a feral cat. Analogous to the feral cats that feral cat caretakers feed and care for, the reports seem to indicate that the cat was unowned even though the toll bridge worker fed the cat. So it seems to me that the prosecutor charged Stevenson with a crime that doesn’t apply in this case. It seems the cat was not “belonging to another”.
On the other hand, I have doubts that Mr. Stevenson was within his legal rights to shoot the cat even if it was unowned wildlife, i.e. feral. I’m wondering why he wasn’t simply charged with poaching, illegal discharge of a firearm, or some such thing. This was not the proper way to deal with a situation where feral cats were allegedly harming a population of threatened bird species.
Comment by LauraS — November 16, 2007 @ 3:51 pm
I’m glad I’m a dog person, so I don’t have to come down on either side of this one. Bird enthusiasts do this stuff all the time. Patrick Burns (terrierman) has a few pieces on how roller pigeon fanciers are killing falcons and hawks who prey on their pigeons. I for one value birds of prey much more than pigeons, so I don’t support killing the apex predators.
As for cats vs. birds… well, I can’t say that I fancy either. And I’m not against shooting vermin, but wouldn’t this guy do better to, say, provide habitat for the birds rather than take his rifle out in public where he could easily have been shot by police (hello, DC Sniper).
And what’s with shooting it and not killing it… and leaving it! There’s no excuse for incompetence that caused needless suffering and leaving the animal there. For that matter, why couldn’t he have just captured the cat and taken it to a shelter or released it away from his little sanctuary.
Seems like a series of stupid decisions to me.
Comment by Christopher — November 16, 2007 @ 7:39 pm
Wow, that is a difficult one. Glad ,I am not on that jury. And I am cat aficionado.
Wonder why he cannot team up with a local TNR group that will help with humane trapping and keep his ssnctuary practically feline free.
One thing for sure, he does not belong in jail.
Comment by Serijna — November 17, 2007 @ 1:44 pm
Warning: I am a total and complete cat lover to the point where my cats are like my children, and family members joke that I was a cat in a past life.
People, let’s just face the fact that most BIRDS ARE FOOD!!! Think about the foods we eat: Eggs, turkey, chicken, pheasant, quail, duck, ostrich, and yes, pigeons- yummy!!. Not all birds, but most of them. When I see pigeons I think “El Pollo Loco”; 8 piece meal on the flames, with corn tortillas, beans, rice, salsa and cilantro, just can’t help it. One of my little kitties is an excellent birder- even though they are restricted to my yard- they catch and eat birds that fly in to the area. What else are they suppose to do? It’s OK as long as they eat them.
I can not relate to how in the world anyone can bond with a bird (parrots excepted) they are so bird-like, you know. Of course, bird lovers have all the rights just like everyone else, and of course can take HUMANE steps to protect their birds, bond with them and enjoy watching them. Emphesis on the word “humane”.
Now I’m hearing stories about bird lovers killing all kinds of animals just to protect their birds. They are getting a little out of hand. The guy that did this is an evil cat hater, period, and he needs to be severely punished. There are a million ways he could have removed the ferals (TNR) without harming them- he could have called a cat organization if he needed help or didn’t have time. He just hates cats. Now I read the jerk is getting off because the jury can’t make up their minds (8 guilty to 4 cat haters who were laughing). At least he says he will never shoot a cat again- sounds like he’s too scared to.
Comment by Jeanette — November 18, 2007 @ 5:01 pm
It is a pity how few commentators have respect for both birds and cats. Cats in not accepting their shooting, or them being kept unneutered and without veterinary care or shelter—both are abuses. Birds in not leaving them exposed to our introduced fetal pet species.
Shooting the cats was not the answer, leaving it pregnant and feral in a key wildlife area wasn’t either.
Comment by emily — November 19, 2007 @ 7:18 am
Well if it was already pg when you ‘found’ it, the only decent thing to do was to allow her to have the kittens and then take Momma Cat and the kittens to be spayed & neutered as soon as possible (I understand they are able to spay & neuter kittens very young now).
The man had no reason to kill her. I love birds and cats. Hunting is a part of a cats life. Most healthy birds are able to escape from a cat.
I hope they try him again and find him GUILTY.
Comment by Alasandra — November 19, 2007 @ 5:09 pm
Most healthy, flightless or ground nesting birds, especially the new fledglings, are in fact not able to escape a cat. This is one reason why almost every bird species in New Zealand is endangered and a great many are extinct. In some cases a single cat destroyed a species on its own.
It may be convenient to think there is not underlying problem, but it isn’t true. Something needs to be done about feral cat populations in bird nesting areas or we are not only failing the cats, we are driving more species to extinct also.
Comment by emily — November 20, 2007 @ 7:27 am
The facts on the shooting:
Most places shooting within city limits is illegal.
Shooting ‘pets’ is illegal. A pet is an animal you have fed for 7 days, and/or have veterinary or microchip ownership records on.
He can trap legally on his property if he takes the cats to a local human shelter. If microchipped, they can be scanned and returned to the program manager, who can then release them back. Repeat offenders may need to be relocated, if possible.
We need to look at what other than birds draws the cats to the area? Is it the smell or food? The leftovers dumped in the garbage? Maybe the leftover could be given to the caretaker and fed to the cats to keep them away.
He can invest in cat fencing and turn it around and this will keep the cats out of his property. Most people purchase it to keep the cats in. Perhaps all parties can split the cost of this to everyone’s advantage. This is a one time investment.
BLOG:
The purpose of the fix and return(or release) of feral(wild) or stray(tame), is to reduce the population while creating a better quality of life for the cats. In this way fix and return benefits both cat lovers, and bird lovers. Notice no one worries about fixing and releasing birds even though certain types of birds can become very overpopulated. The biggest killer of birds is development destroying natural habitats and electrocuting thousands of birds each year from cell phone usage(see Best Friends Newsletter Archives for the best article ever written on this.) Once fix and return takes place cats are fed. This further diminishes the number of birds killed as the cats no longer have to hunt for their food. Some cats will continue to hunt, but the numbers drop. As the cats get older they also hunt less, so it benefits the entire bird ecology to have a stable cat population that is aging and not reproducing. In our areas we remove the friendly cats for their own safety and place them in homes. Cats that have been pets do not show the same ‘smarts’ as a feral cat will usually exhibit.
An unneutered male cat can roam up to a two mile radius. When neutered, and as hormones subside they tend to greatly reduce their radius. This then would also help curb the killing of birds as neutered cats are less aggressive and stay closer to feeding stations. Positioning of feeding stations is critical in feral colony management.
Cat fencing could prove to be a very wise and usable advantage in the attempts to keep some bird populations free of feline interlopers. This would depend on how the natural habitat is set up.
OUr the local birds are so incredible. One day coming along my drive a bird decended and put up such a fuss. So I froze in place only to notice a 7 foot king snake camoflaged in my path. I thanked the little feathered fellow/gal after the snake left. We see beauty and intelligence in both of these creatures. It is because of the inbalances of the world, which humans have created, that we have these problems. Killing is not acceptable.
Comment by Mary — November 22, 2007 @ 12:16 pm
I have been to the toll bridge in Galveston, TX and it is over run with feral cats.
I was an expert rifle shot in the USArmy, but I would not use a rifle out there.
My method is Hav-a-hart traps baited with cheap tuna fish. I then cover the cage/cat with a tarp and run a hose from the car exhaust pipe.
The cat will calm down after you put the tarp on. I usually wait for a few minutes. The exhaust fumes allows the cat to go to sleep permanently in a peaceful manner.
I used to have hundreds of birds in my acreage until people in the neighborhood started letting their cats run free (illegally).
The coyotes do get a good number of cats and small dogs (the missing pets signs are annoying and also illegal).
But not enough coyotes to fully control the cats.
I’ve had many cats in my life, so I am not a cat hater. I just realize the importants of birds and while cats do tolerate owners to some extent, they really do not contribute to the environment.
Comment by Stephen — December 8, 2007 @ 11:55 am
Stephen, that is sick and disgusting! I can’t believe the last comment I had to read on here was you killing cats. Why don’t you try out the exhaust fumes! I seriously doubt that it’s a peaceful way to die. You sick little monster. Please, run a hose into a sealed room you’re in, and see how peacefully you got to sleep. This man who shot the cat was wrong, he should be sentenced with animal cruelty, and he should go to jail. He’s not God, and therefore has no right to decide what animal should die and what shouldn’t. And to have admitted to shooting other cats, solely for the sake of his birds, is ridiculous. Birds that can’t run from a cat are food. That’s the laws of nature. Deal with it!
Comment by Jenn — January 19, 2008 @ 9:35 pm