Felony charge reinstated for Ypsilanti Township man who shot neighbor's cat
An Ypsilanti Township man whose felony animal torture case was dismissed last year was charged again with shooting his neighbor's cat.
The Michigan Court of Appeals ruled there was enough evidence to substantiate the charge, which was dismissed by a now-retired Washtenaw County district court judge last December.
Daniel Boa, 37, stood mute when he was re-arraigned Wednesday on one count of killing/torturing an animal in Washtenaw County District Court, records show.
Authorities first charged him with that felony and several misdemeanor counts last year after Janie Sawyer told police her cat, Ben, was shot by a neighbor in their Ford Lake Heights neighborhood off Huron River Drive in October 2008.
A witness told a Washtenaw County Sheriff’s deputy Boa shot the cat from at least 3 feet away in the middle of the day and retrieved it with a plastic garbage bag.
But retired District Judge John B. Collins threw out the felony charge, saying prosecutors failed to show Boa had any malice - an element of the crime under state statute.
Collins made his ruling after hearing testimony from several witnesses during a preliminary hearing that stretched over three weeks last December.
Circuit Judge Donald Shelton upheld the ruling, but prosecutors appealed. They argued the fact the cat was in another person’s yard and was shot with a rifle at a distance showed malice and intent.
The appellate judges agreed in a brief decision issued late last month, officials said.
Mike Vincent, Boa’s attorney, said they're disappointed by the appellate court’s ruling. He also maintained his client’s innocence.
“We’re back to square one and are going to trial,” Vincent said.
Boa, Sawyer, and their families were friends before the incident. Vincent said he still lives there and is remorseful.
“He’s distraught by the fact that this was a neighbor’s cat," he said. "He thought this was a feral cat that was killing birds and squirrels in the neighborhood.”
Boa remains free on a personal recognizance bond and is scheduled to appear in circuit court for a pretrial hearing on Jan. 4, records state.
The misdemeanor charges, including weapons violations, were pending while the case was on appeal. If convicted of animal cruelty, Boa faces up to four years in prison, a $5,000 fine and up to 500 hours of community service.
Art Aisner is a freelance writer for AnnArbor.com. Reach the news desk at news@annarbor.com or 734-623-2530.
Comments
ownrdgd
Mon, Nov 9, 2009 : 4:34 p.m.
huh7891 The response I wrote pertains to cats that roam un attented Where in the article does it say anything about kids.
cinnabar7071
Mon, Nov 9, 2009 : 2:44 p.m.
When my kids were younger, I would trap roaming cats in my backyard and release them out in the county so as to not have the waste littering my yard. I'm no killer, but these cats in my yard didn't belong there either. Please show your pets some love and keep them in your own yard.
huh7891
Sun, Nov 8, 2009 : 6:40 p.m.
Ownrdg...so we should keep our kids in the house too and they won't be shot or harmed by an ignorant, heartless neighbor...sorry your line of thinking... I don't buy it.
ownrdgd
Sun, Nov 8, 2009 : 10:55 a.m.
WOW,Totally absured.Doesent the prosecutors office have more important cases to try than waste taxpayer hard earned tax dollars on a cat killer.Please what a joke.I can see why crime is way up in this county.Oh and I am a cat owner/lover, but my cats do not roam the neighborhood.Keep em in your house and they wont get harmed
goodthoughts
Sun, Nov 8, 2009 : 7:51 a.m.
Cherryblast- Thank you for saying everything I thought. This man is a killer, and for him to "rationalize" this despicable act by saying he thought this defenseless animal was feral is not only disgusting and vile, but ludicrous. Hopefully the Humane Society will pick up on this and we can find out the judge's address, as was the case with Brownie, so our voices can be heard.
cherryblast
Sun, Nov 8, 2009 : 12:12 a.m.
Why is this man allowed to be out on his own "personal recognizance"? He is a killer, a murderer. If it were a human he certainly wouldn't be out. I don't understand why we don't have harsher laws for animal abuse. It is unacceptable that the case was dismissed. Thank God it is going to be heard by the Michigan court of appeals. Just when would be the question! Can you imagine if this man would have killed a human and stuffed them in a plastic bag? How could a judge have ever had this dismissed, I just don't understand. There is proof from research that people that kill animals can go on to kill humans. Hmm.. sounds like this guy could be one of those people. I pray he gets the maximum time coming to him, as well as fines. He deserves everything he gets. I will pray for you, Janie, and your loved one that all goes in your favor. Oh and by the way, why would it have been ok if Boa would have killed a feral cat? Now its ok to kill wild animals? I happen to have worked recently with the Huron Valley Humane Society to have seven feral cats trapped neutered/spayed and then released. This is known as TNR and that coordinator and I worked very hard at doing this and making sure these animals can now live without reproducing. My ferals are like a part of my family now, and I think that comment was way out of line.Please keep us updated with any news on this case.