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Horse killing suspects' trial begins on Feb. 4
12/12/03 - A Feb. 4 trial date has been set for the two men accused of running down and killing a horse with their vehicles in Kenwood last April.
At a Dec. 3, hearing, Liobijildo Guzman Herrera, 22, and Noel Guido-Silva, 19, both of Boyes Hot Springs, pleaded not guilty to all charges.
Both are charged with two counts of felony cruelty to animals, one count of felony vandalism, and a misdemeanor reckless driving charge.
Gentle Song, the equine pet of a 13-year-old girl, was found dead in a fenced pasture off Highway 12 near the Kunde Estate Winery on April 27.
Evidence recovered at the scene - including tire prints, smashed glass and broken automotive trim - suggested the horse had been chased by two vehicles.
One of these apparently struck the animal, driving its head into the second vehicle and causing a fatal injury.
A Toyota Supra and Chevrolet Blazer were impounded following Guido-Silva's and Herrera's arrest. Detectives said evidence in the pasture matched damage to the two vehicles.
An anonymous tip prompted by a reward of more than $20,000 lead to the pair's June 13 arrest.
In September, the pair pleaded no contest to intentionally slaying the animal and were found guilty. But when they appeared for sentencing in October, the men withdrew their guilty pleas and instead asked for a jury trial.
"The probation department had recommended in a pre-sentence report to Judge Boyd that both defendants be sentenced to state prison for a period of three years, which is what we call the aggravated term," said Sonoma County Assistant District Attorney Larry Scoufos.
Deputy Public Defender Jeff Mitchell, Herrera's attorney, said the two men expected a lesser sentence when they originally entered their no-contest pleas. A no-contest plea is treated as a guilty plea.
Although the men admitted hitting the horse, they said it was an accident, Mitchell said.
A pretrial hearing has been set for Jan. 20.
At a Dec. 3, hearing, Liobijildo Guzman Herrera, 22, and Noel Guido-Silva, 19, both of Boyes Hot Springs, pleaded not guilty to all charges.
Both are charged with two counts of felony cruelty to animals, one count of felony vandalism, and a misdemeanor reckless driving charge.
Gentle Song, the equine pet of a 13-year-old girl, was found dead in a fenced pasture off Highway 12 near the Kunde Estate Winery on April 27.
Evidence recovered at the scene - including tire prints, smashed glass and broken automotive trim - suggested the horse had been chased by two vehicles.
One of these apparently struck the animal, driving its head into the second vehicle and causing a fatal injury.
A Toyota Supra and Chevrolet Blazer were impounded following Guido-Silva's and Herrera's arrest. Detectives said evidence in the pasture matched damage to the two vehicles.
An anonymous tip prompted by a reward of more than $20,000 lead to the pair's June 13 arrest.
In September, the pair pleaded no contest to intentionally slaying the animal and were found guilty. But when they appeared for sentencing in October, the men withdrew their guilty pleas and instead asked for a jury trial.
"The probation department had recommended in a pre-sentence report to Judge Boyd that both defendants be sentenced to state prison for a period of three years, which is what we call the aggravated term," said Sonoma County Assistant District Attorney Larry Scoufos.
Deputy Public Defender Jeff Mitchell, Herrera's attorney, said the two men expected a lesser sentence when they originally entered their no-contest pleas. A no-contest plea is treated as a guilty plea.
Although the men admitted hitting the horse, they said it was an accident, Mitchell said.
A pretrial hearing has been set for Jan. 20.
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