Mistrial for the “cat killer”

On Friday November 16 2007, a judge declared a mistrial in Galveston (Texas) in the case of Jim Stevenson, a birder charged with killing a cat.
Jurors were unable to agree on a verdict after almost two days of deliberation.
Jim Stevenson could have spent up to two years in prison if he had been convicted.

New York. Jim Stevenson (photo Galveston Police Department), a 54-year old birder form Galveston (Texas) who killed a cat last year, will not go to prison. On Friday November 16, a judge declared a mistrial after the four men and eight women of the jury were unable to agree on a verdict. If he had been convicted, Mr Stevenson could have faced up to two years in prison and a 10,000-dollar fine.

The case has been much discussed in Texas and prompted a feisty debate on the web between cat lovers and birders. In an interview with AFP, a spokesman for the American Bird Conservancy in Washington denounced Stevenson’s actions. He also underscored that an estimated 60 to 100 million feral cats live in the US and threaten endangered species of birds.

Everybody agreed on the facts of the case. Jim Stevenson killed a cat with .22 caliber rifle. on November 8 2008 in Galveston. The founder of the Galveston Ornithological Society never denied it. Soon after he shot the animal, he was arrested by a police officer, who was driving nearby. The weapon and seven bullet shells were found in Mr Stevenson’s van.

On November 9 2006, Mr Stevenson explained on Texbirds, a web forum for bird enthusiasts, what drove him to kill the cat. “The animal was obviously crippled, but still came fairly close to one of the Piping Plovers, he wrote. I couldn’t believe how tame and approachable it was to the cat”.

Mr Stevenson added that “it is well documented that predators that are cripple often rely on the easiest prey possible, such as wounded lions and tigers that have taken unfortunate people. I believe this was the case here, and I was very concerned about how many endangered and threatened individuals would succumb to it”.

During his one-week trial in Galveston, his lawyer and the prosecutor sparred over the cat’s origin. Mr Stevenson’s attorney argued that the cat he shot, was feral and had no owner. He added that is client could not be charged of cruelty to animals because under Texas law a person is only guilty of such a charge if he or she kills or seriously harms an animal “without legal authority or the owner’s consent.” The prosecutor argued that the cat was a pet. It had been named “Mama Cat” by a toll-booth employee, who cared for it.

After almost two days of deliberation, the jury could not agree on a verdict. Eight members thought Mr Stevenson’s was guilty but could not convince the remaining four, forcing the judge to declare a mistrial. Prompted by the “Mama Cat” case, the law has since been changed in Texas. The murder of a cat is now prohibited in the Lone Star State, regardless of the ownership of the animal.

Jean-Cosme Delaloye / New York

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