Penalties continue in zoo vandalism cases

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By Bobbi Mlynar (Contact)

Friday, October 3, 2008

One of three boys accused of breaking into the David Traylor Zoo of Emporia on June 22 and killing four fowl has been ordered to stay in custody of the Juvenile Justice Authority.

At a disposition hearing Thursday morning in Lyon County District Court, District Judge Lee Fowler said that Angel R. Rodriguez Jr., 13, would serve another 30 days in JJA custody. Angel has been held in JJA detention since he and two other boys — Andrew Rodriguez and Hernan Hernandez, both 11 — were accused in late July of taking part in the incident.

The Rodriguez boys both had pleaded no contest earlier to four counts of cruelty to animals, which includes intentionally killing, torturing, or maiming animals, and one count of criminal damage to property with loss less than $1,000.

Disposition of Andrew’s case was delayed until 9 a.m. Oct. 23 because the boy’s pre-sentence investigation was not finished in time for Thursday’s hearings.

“They didn’t have his psychological evaluation completed,” said Don Krueger, attorney for the Rodriguezes.

Krueger said that Angel could be returned to his parents soon.

“He’s got to serve at least 30 more days in JJA custody, but it may be only two weeks,” Krueger said, “and as soon as he is released to his parents, he’ll be placed on juvenile intensive supervised probation for a period of 24 months.”

Krueger expects community service to be part of the probation conditions.

“I’m sure that that’s part of it. The judge said the standard provisions would apply,” he said.

His parents also will have to complete parenting classes.

Krueger was satisfied that Fowler considered Angel a low risk to re-offend and decided not to keep him in JJA custody for a longer time, as recommended by the state.

“That would have cost the taxpayers a lot of money, and it served no purpose because the statute requires reasonable efforts to return them to the home, and none had been made,” Krueger said.

“(The judge) thought that he could have more control over the juvenile with local probation, and I would agree with him, than letting the juvenile justice system take care of him.”

The third boy, Hernan Hernandez, pleaded no contest Thursday morning to four counts of cruelty to animals and one count of trespass.

Hernan’s attorney, W. Irving Shaw, said the boy also pleaded no contest to a charge not related to the zoo incident. The remainder of charges against him were dismissed.

Hernan’s case is scheduled to be disposed on Oct. 23.