A Brooklyn judge neutered the criminal case against a notorious cat kicker because the prosecutors have offered no evidence that the kitty was actually injured. Supreme Court Justice ShawnDya Simpson threw out the top misdemeanor charge against Andre Robinson, who will go on trial Jan. 20 for attempted injury of the cat. The original charge for causing injury to an animal was an A misdemeanor carrying a penalty of up to one year in prison, according to a spokeswoman for the Brooklyn district attorney’s office. Robinson still faces a lesser charge, which is a B misdemeanor and calls for a maximum jail term of 90 days. Robinson’s cruel crime was depicted in a viral video showing him grinning like a Cheshire cat as he punted the cat 20-feet into the air outside the Brevoort Houses. King the cat has been adopted and now lives in Manhattan. Andre Robinson has apologized for kicking the cat. Andre Robinson’s kick outside the Brevoort Houses was caught on video.DCPI Andre Robinson’s kick outside the Brevoort Houses was caught on video. Robinson, 22, is facing a B misdemeanor and his trial is slated to begin on Jan. 20. Prosecutors argued the distance the cat traveled was sufficient to establish pain and suffering. But the judge ruled that is not enough to sustain the more serious charge. Maybe it was injured, or maybe it’s fine,” Simpson said Thursday in Brooklyn Criminal Court. “If you’re going for the full assault, it’s not here.” “The only thing I can see to cure it is if you have a doctor’s report,” Simpson said, noting that a veterinarian’s claim in the complaint that the attack “would cause” injury was not enough. Andre Robinson, 22, was shown in a despicable act of animal abuse when he kicked a cat across a courtyard. The one-year-old cat was treated at the ASPCA’s animal hospital after the attack for “tissue injuries and bruising,” according to the organization’s website. The pack of cat lovers who have dutifully attended every court hearing since last May thought the judge’s decision should be tossed in the kitty litter box. “Who will speak for the cat?” said Maria Clara of Connecticut. “We are very disappointed but we are not going away because we believe we are right.” Roberto Bonelli said “the video speaks volumes for me.” King the cat had supporters during Thursdays court apperance for Andre Robinson. Robinson, 22, later apologized for what he had done, explaining that the cat was bothering him and he was trying to shoo it away when he unleashed a ferocious kick. The cat was later rescued, given the name King and adopted by a Manhattan man. Prosecutors may present additional facts to the judge to support the original physical injury claim, but it is unclear if the D.A. will do so. “We are reviewing our options,” said the D.A.’s spokeswoman. Robinson did not show up in court Thursday. His lawyer, who unsuccessfully argued for a dismissal of the entire case, declined to comment after the hearing.
Posted on: Fri, 09 Jan 2015 16:04:43 +0000
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