D.A. reviewing whether to file charges against woman seen on video dragging dog

BAKERSFIELD, Calif. – Kern County District Attorney Cynthia Zimmer is now considering to file charges against 39-year-old Elaine Rosa. Police believe she is the woman seen dragging a dog down the street as she rode a Bird scooter, several weeks ago.

Zimmer has a few options, according to Bakersfield defense attorney Mark Anthony Raimondo. She can either file charges, which would likely include animal abuse felnoy or misdemeanor charges, or she can throw the case out entirely.

“If you overload, over work, over burden an animal, that can be in the realm of animal cruelty,” Raimondo said. “Also, if you beat, maim, kill an animal, sadistically hurt an animal, it fits within the statutes, so it’s a pretty broad statute. [The statute] is not really well defined as to if it’s a felony or misdemeanor.”

Misdemeanors in California are crimes punishable by no more than a year in county jail and a maximum fine of $1,000. Felonies are much more serious, and can be punishable by at least a year in state prison.

When asked about whether the suspect can claim the incident was a result of an accident or negligence, Raimondo said the defense likely will not work.

“The negligent part is not really at issue,” he said. “It’s just did she cause the dog to suffer unjustifiably? Whether it’s negligent or not — maybe we weigh in the scale of if whether it’s a felony or misdemeanor — but if she had some duty to care for that dog, and if the dog was dragged to the point that it was, I think it certainly qualifies under the statute for some type of a crime.”

Raimondo said the argument that Rosa was not the dog’s owner does not matter as long as it can be proved she had control or custody of the animal. He added the statute allows the district attorney up to three years to make a decision whether to file charges, but he expects the decision to take place much sooner.

Late Thursday night, the district attorney’s office posted a message to its Facebook page saying they have received calls and messages from residents and across the country about the case.

The DA’s office says it is reviewing evidence in the case and assures the public that whether or not charges are filed, it is not a decision they take lightly.

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