Texas Birdwatcher on Trial for Killing Cat

By KATE MURPHY,
The New York Times
Posted: 2007-11-14 11:57:14

GALVESTON, Tex. (Nov. 13) — Jurors heard opening arguments on Tuesday in the trial of
a bird-watching enthusiast who fatally shot a cat that he said was stalking endangered
shorebirds.

James M. Stevenson says he was protecting piping plovers.

Last year, James Stevenson killed a cat on his Texas property that he said he thought was
feral, a legal act in the state at the time. He now faces animal cruelty charges that could
bring two years in jail and a $10,000 fine.

The defendant, James M. Stevenson, is the founder of the Galveston Ornithological
Society and leads bird-watching tours on this Gulf Coast island 60 miles southeast of
Houston. If convicted on animal cruelty charges in the shooting last November, he faces
up to two years in jail and a $10,000 fine.

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.

Ms. Santell argued that because Mr. Newland had named, fed and given the cat bedding
and toys, the cat belonged to him and was not feral.

Mr. Stevenson’s lawyer, Tad Nelson, admitted in his opening statement that his client went
to the San Luis Pass toll bridge with “an intent to kill.” but that he had planned to kill a
wild animal that was preying on endangered piping plovers. “This man has dedicated his
whole life to birds,” Mr. Nelson said, pointing at Mr. Stevenson.

The case has prompted emotional commentary on the Internet. Cat enthusiast blogs have
called Mr. Stevenson a “murderous fascist” and a “diabolical monster.” Birding blogs have
defended his right to dispense with a “terrible menace” and have set up funds to help pay
for his defense.

In an interview in a courthouse elevator during a break in the trial, Mr. Stevenson said
heatedly that cat fanciers who have condemned him and sent him hateful correspondence
“think birds are nothing but sticks.” “This is about wild species disappearing from your
planet,” he said, adding, “I did what I had to do.”

Testimony followed from police officers and the veterinarian who performed the autopsy
on Mama Cat, a white and gray tabby mix. The jurors were shown several photographs of
the bloodied cat, reminiscent of an episode of “CSI: Miami.”

Pictures of the crime scene showed trays of cat food, blankets and cat toys hanging from
strings under the bridge. The .22-caliber rifle Mr. Stevenson used to kill the cat along with
his magazine full of Remington hollow-point bullets were also on display.

The prosecution and defense wrangled repeatedly about whether witnesses could
accurately assess the cat’s state of mind.

“He’s not qualified to know what the cat was feeling,” said Mr. Nelson, when a police
officer, John P. Bertolino Sr., testified that the cat was in terrible pain when he arrived at
the crime scene. The cat died en route to a Humane Society facility.

The trial, which is expected to take a week, had few spectators save a handful of bird
lovers and cat lovers who sat on opposite sides of the courtroom. One side nodded
emphatically at Ms. Santell’s arguments, and the other nodded whenever Mr. Nelson
objected.

“How people feel about the trial depends on who you talk to,” said Victor Lang, a local
historian, adding that bird-watchers and cat fanciers obviously had the strongest views.

Though others may argue passionately about whether Mr. Stevenson should be punished,
Mr. Lang said he did not have strong feelings about the case.

“But you see, I’m a dog person,” he said. “If he had shot a dog, then I’d be more upset.”

I very much dislike cats, I would have shot it...and I don't even care about the birds.

24 await deportation in immigration sting
11/26/2007
News 8 Austin Staff
http://www.news8austin.com/content/your_news/default.asp?ArID=195839
Twenty-four undocumented immigrants were removed from an apartment building in North Austin on Sunday afternoon.

The men, women and four children were found in a duplex in the Interstate 35 - Rundberg area.

Officials believe the immigrants arrived at the residence Sunday morning. They were all taken to Austin's Immigration and Customs Enforcement investigation center for questioning.

ICE says 10 have already been deported to Mexico and 14 are still in custody.

Neighbors say they've noticed a lot of activity at the residence involved over the past six months.

"I've seen a lot of people coming in and out, different sorts of hours. I don't know what's going on, but late at night people are coming and going," neighbor Jeanette Martinez said.

The Austin Police Department and ICE continue to investigate.

The adults in custody could face misdemeanor charges of illegal entry, which carries a possible fine of $500 or six months in jail.

I was a Christian so you must be one just in case I change my mind.