{"id":55071,"date":"2014-08-26T16:45:43","date_gmt":"2014-08-26T23:45:43","guid":{"rendered":"http:\/\/theavtimes.com\/?p=55071"},"modified":"2014-08-26T19:23:34","modified_gmt":"2014-08-27T02:23:34","slug":"man-ordered-to-stand-trial-in-lancaster-animal-abuse-case","status":"publish","type":"post","link":"https:\/\/theavtimes.com\/2014\/08\/26\/man-ordered-to-stand-trial-in-lancaster-animal-abuse-case\/","title":{"rendered":"Man ordered to stand trial in Lancaster animal abuse case"},"content":{"rendered":"
\"Robert<\/a>
Robert Martin, shown outside the Antelope Valley courthouse Tuesday, is accused of brutally abusing his six-month-old pit bull mix named Daisy on Aug. 8. A portion of the incident was caught on video (see below).<\/figcaption><\/figure>\n

LANCASTER \u2013 A Lancaster man seen on cell phone video abusing and body slamming a puppy must stand trial for felony animal cruelty, a judge ruled.<\/p>\n

Robert Emmett Martin<\/strong>, 53, attended his probable\u00a0cause hearing Tuesday morning in an Antelope Valley courtroom. The prosecution called Martin\u2019s actions \u201caggravated and egregious\u201d while the defense argued that the charge should be reduced to a misdemeanor because Martin has no criminal history and is developmentally disabled.<\/p>\n

The felony animal cruelty charge stems from an incident that occurred around 7:30 a.m., Friday, August 8. Martin is accused of repeatedly punching and kicking his six-month-old pit bull mix named Daisy in front of his house on the 500 block of East Lancaster Boulevard. A portion of the abuse was captured on video, which shows Martin swinging the dog in the air by its leash before body slamming the puppy onto the street. Martin also can be heard shouting\u00a0profanities and racial slurs. (View the video below. Warning: It contains graphic images and offensive language.)<\/em><\/p>\n

The man who recorded the video on his cell phone \u2013 46-year-old Lindsey Cooks<\/strong> \u2013 testified in court Tuesday morning.<\/p>\n

Cooks said he and his family were waiting at a bus stop near 5th<\/sup> Street East and Lancaster Boulevard when he noticed Martin walking back and forth with a small black dog.<\/p>\n

\"Martin<\/a>
Martin is developmentally disabled, his defense attorney said.<\/figcaption><\/figure>\n

\u201cHe was cussing at the dog, hitting the dog,\u201d Cooks said. Questioned further, Cooks said he saw Martin kick the dog and punch the dog in the head at least three times. Cooks said he warned Martin, and then Martin called him a racial slur.<\/p>\n

\u201cI said \u2018that\u2019s animal cruelty,\u2019 he said \u2018shut up ni**er!\u2019\u201d Cooks testified.<\/p>\n

Cooks said he began to record Martin on his cell phone as Martin continued to abuse the dog and hurl racial slurs.<\/p>\n

\"Daisy<\/a>
Daisy has since recovered and is thriving, according to Karma Rescue, which posted a picture of Daisy and NSYNC’s Lance Bass on Facebook. Click the image to read their update on Daisy’s progress.<\/figcaption><\/figure>\n

\u201cHe picked up the dog and slammed it on its head. I recorded it\u2026He kept saying f-you ni**er, I recorded it,\u201d Cooks said.<\/p>\n

Under cross examination, public defender Graham Arthur Bentley tried to chip away at Cooks\u2019 credibility by bringing up his criminal history. Cooks said he was convicted of commercial burglary in 2011 and possession of narcotics in 2010. He said he had served his time in County jail for the crimes and he was not on probation.<\/p>\n

The defense attorney also disputed Cooks\u2019 interpretation of the video. Bentley said the video showed Martin \u201ccradling the dog\u201d in his arms, and he said the dog was dropped on its feet and body, not slammed on its head, as Cooks had claimed.<\/p>\n

Also testifying at the preliminary hearing was Benjamin Casebolt, one of the Lancaster Sheriff\u2019s deputies who answered the animal abuse call on Aug. 8.<\/p>\n

When deputies responded to Martin\u2019s home, the dog was dragging one of its legs and walking with a limp, Casebolt said.<\/p>\n

The dog showed \u201conly a slight limp,\u201d which was no longer apparent by the time animal control officers arrived, the defense attorney countered during cross examination, citing Casebolt\u2019s police report.<\/p>\n

Casebolt\u2019s police report also indicated that Martin\u2019s speech was slurred and that Martin\u2019s sister told deputies Martin suffered brain damage at birth and had the understanding of a 12-year-old, Bentley said.<\/p>\n

The hearing concluded with a viewing of Cooks\u2019 cell phone video before the recording was admitted into evidence.<\/p>\n

Los Angeles Superior Court Judge Bernie LaForteza denied the defense\u2019s motion to reduce the charge to a misdemeanor and ruled there was enough evidence to try Robert Martin on one felony count of cruelty to an animal.\u00a0If convicted as charged, Martin faces a maximum penalty of three years in jail.<\/p>\n

Martin was allowed to remain out of custody on his own recognizance.\u00a0A second arraignment is scheduled for Sept. 10.<\/p>\n

**Warning: Video contains graphic images and offensive language**<\/strong><\/h4>\n