Sheriff Sends Kristen Lindsey Cruelty Case to Prosecutor

Apr 21, 2015 - by Eponymous Rox

The sheriff investigating Kristen Lindsey for animal cruelty in the murder of a neighbor’s beloved cat Tiger has completed his enquiry today and sent the case to the District Attorney "for filing of charges under Texas Penal Code 42.092." 

As well, the American Veterinary Medical Association, which issued Dr. Lindsey her license in 2012 has asked its judicial council to formally review the incident.

The cat-killing vet has already lost her position at the animal clinic where, until she posted her gloat and a graphic image of the slain feline on Facebook -- setting off an internet firestorm -- she was gainfully employed since graduation.

Now, the AVMA will likely revoke Lindsey’s license to practice medicine altogether, among other disciplinary actions that may apply to the situation.

Texas Penal Code 42.092 provides for felony charges in cases of animal cruelty, and extends not only to the individual who causes it, but to anybody who also “permits unjustified and unwarranted pain or suffering” of non-livestock animals...

According to Becky Lindsey, the mother of Kristen Lindsey, both parents were present when their daughter hunted and executed the unfortunate feline with a bow and arrow.

In fact, Mrs. Lindsey even claims to have snapped the now-infamous Facebook photo of Dr. Lindsey cruelly sneering and showing off her “first bow kill.”

Charges therefore might be pending against all three Lindseys now, each to the degree in which they’re found to be culpable.

The entire statute under which the trio could face prosecution can be read below.

Kristen Lindsey's "first bow kill" Tiger
TEX PE. CODE ANN. § 42.092 : Texas Statutes - Section 42.092: CRUELTY TO NONLIVESTOCK ANIMALS

(a) In this section:

(1) "Abandon" includes abandoning an animal in the person's custody without making reasonable arrangements for assumption of custody by another person.

(2) "Animal" means a domesticated living creature, including any stray or feral cat or dog, and a wild living creature previously captured. The term does not include an uncaptured wild living creature or a livestock animal.

(3) "Cruel manner" includes a manner that causes or permits unjustified or unwarranted pain or suffering.

(4) "Custody" includes responsibility for the health, safety, and welfare of an animal subject to the person's care and control, regardless of ownership of the animal.

(5) "Depredation" has the meaning assigned by Section 71.001, Parks and Wildlife Code.

(6) "Livestock animal" has the meaning assigned by Section 42.09.

(7) "Necessary food, water, care, or shelter" includes food, water, care, or shelter provided to the extent required to maintain the animal in a state of good health.

(8) "Torture" includes any act that causes unjustifiable pain or suffering.

(b) A person commits an offense if the person intentionally, knowingly, or recklessly:

(1) tortures an animal or in a cruel manner kills or causes serious bodily injury to an animal;
(2) without the owner's effective consent, kills, administers poison to, or causes serious bodily injury to an animal;

(3) fails unreasonably to provide necessary food, water, care, or shelter for an animal in the person's custody;

(4) abandons unreasonably an animal in the person's custody;

(5) transports or confines an animal in a cruel manner;

(6) without the owner's effective consent, causes bodily injury to an animal;

(7) causes one animal to fight with another animal, if either animal is not a dog;

(8) uses a live animal as a lure in dog race training or in dog coursing on a racetrack; or

(9) seriously overworks an animal.

(c) An offense under Subsection (b)(3), (4), (5), (6), or (9) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09. An offense under Subsection (b)(1), (2), (7), or (8) is a state jail felony, except that the offense is a felony of the third degree if the person has previously been convicted two times under this section, two times under Section 42.09, or one time under this section and one time under Section 42.09.

(d) It is a defense to prosecution under this section that:

(1) the actor had a reasonable fear of bodily injury to the actor or to another person by a dangerous wild animal as defined by Section 822.101, Health and Safety Code; or

(2) the actor was engaged in bona fide experimentation for scientific research.

(e) It is a defense to prosecution under Subsection (b)(2) or (6) that:

(1) the animal was discovered on the person's property in the act of or after injuring or killing the person's livestock animals or damaging the person's crops and that the person killed or injured the animal at the time of this discovery; or

(2) the person killed or injured the animal within the scope of the person's employment as a public servant or in furtherance of activities or operations associated with electricity transmission or distribution, electricity generation or operations associated with the generation of electricity, or natural gas delivery.

(f) It is an exception to the application of this section that the conduct engaged in by the actor is a generally accepted and otherwise lawful:

(1) form of conduct occurring solely for the purpose of or in support of:

(A) fishing, hunting, or trapping; or

(B) wildlife management, wildlife or depredation control, or shooting preserve practices as regulated by state and federal law; or

(2) animal husbandry or agriculture practice involving livestock animals.

(g) This section does not create a civil cause of action for damages or enforcement of the section.

@EponymousRox

 

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