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VENTURA COUNTY STAR (Ventura, California) 06 November 07 Man who tortured tortoise sentenced - Mother of boy who owns pet speaks in court (Raul Hernandez)
A judge on Monday sentenced Jose "Tony" Mosqueda to 270 days in jail and five years' probation for the mutilation and torture of a tortoise that belongs to a 7-year-old autistic boy.
As part of the conditions of his probation, Ventura County Superior Court Judge Bruce Clark said Mosqueda may not have access to any animals, which means he will have to give up his pet iguana, dog and snake.
After the sentencing, prosecutor Wendy Macfarlane said that Mosqueda could go to prison if he violates the terms of the probation.
"That means if he is caught being around an animal or having access to an animal then he is going to be in violation of his probation terms, which could subject him to more time," she said.
The 40-pound African spurred tortoise was abducted July 7 from its owner's backyard, slashed and later dumped behind an apartment complex in Ventura.
Mosqueda, 18, has served 110 days in jail and has 55 days of good-conduct jail credit.
The judge ordered him to pay $5,479 as restitution for veterinary expenses and a security system the Sullivan family of Ventura installed in their home because of alleged death threats.
Macfarlane said the sentence wasn't inappropriate, but she would have preferred that Mosqueda serve more time behind bars. Mosqueda could have received up to three years in prison.
"I don't think it's too lenient. I think it sends a strong message to the defendant as well as to the public," said Macfarlane.
Mosqueda's lawyer, Brian Vogel, said the sentence is a little harsh.
"He is a first-time offender, and other than a truancy ticket, he has no record," Vogel said. "It seems like this is the kind of conduct that is out of character for him. We were hoping that the judge would reduce it to a misdemeanor."
He said that, politically, it's difficult for the judge to reduce the sentence because of media coverage and the emotional component of this case.
Vogel said his client sent a written apology to the Sullivans and wrote a letter to the boy.
"He is definitely remorseful about what happened," said Vogel. "He isn't proud of what happened. I don't think we're going to see anything like that again."
Before Mosqueda was sentenced, the boy's mother, Dorothy Sullivan, tearfully gave a victim's impact statement to the court while Mosqueda stood inside a large metal cage, which is used to detain inmates in the courtroom.
Sullivan said the family is having a difficult time trying to make sense of what Mosqueda did. She described how it affected her son, who she said is now very fearful.
Sullivan said the tortoise, named Bob, and her son were very close, and the animal was able to get her son to speak after years of silence.
"In one day, you took that away," she told Mosqueda. "The first time I heard my son speak was with Bob. ... What brought you to our house? I don't know you."
Sullivan said her son and her husband, Bill, have been threatened. Recently, the family's pet dachshund dog, Flapps, was poisoned.
"I've been told I am going to be shot in the head and so is my defective child," she told Mosqueda. "My dog was killed. ... I held her in my arms, and she died."
Sullivan told the judge that Bob, whom she described as a "gentle giant," was stabbed more than 22 times, his throat slashed and the bottom of his feet cut.
"You did it in front of the neighborhood children," she told Mosqueda, who lowered his head. "You threw Bob against a brick wall after you stabbed him."
The Sullivans said they are looking for another place to rent and want to move out of the neighborhood as soon as they can.
Sullivan said she has had to pay $1,000 for a security system to protect her family. She said her son had a birthday Sunday, but he couldn't invite friends over because it is not safe.
"And why are your friends after us?" she asked Mosqueda.
The Sullivans had asked the court to allow restitution of more than $1,000 in veterinarian fees to treat the dog.
Macfarlane, however, said later that there is no evidence that Mosqueda had anything to do with the dog's death. The judge also denied the $1,000 veterinarian fee.
The Sullivans were in court along with friends, animal lovers and activists. Sullivan gave the judge a petition with 3,600 signatures asking him to give Mosqueda a harsh sentence.
Man who tortured tortoise sentenced

That was painful to read, as both a father of an autistic child and an owner of a sulcata tortoise. My heart goes out to both the family and the poor tortoise. Why is the only thing I can thnk of , why would someone do that?

I couldn't read it, I've been keeping up with the story ever since it happened.. I can't read any more of it.
The guy who did this really needs to learn something, I hope jail time teaches him.

Why would anyone do this is a question I've always wanted an answer to. Some people are just plain mean, that's the only one I can come up with.
I think it's interesting, the the Humane Society's website has an article about the link between cruelty to animals & cruetly to humans. I know they are on to something with that.
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PHRatz

What I found really interesting is that this thug owned an iguana, a snake, and a dog. What sort of treatment were these animals sustaining under his care? You would think that someone who owned animals, reptiles especially, wouldn't engage in such terrible behavior.

I was glad to hear he got a harsher than usual sentence. It was also good to hear that he had to pay a settlement to the family to pay for the tortoise's vet bills as well as the security system. I was curious about these death threats the family had received, however. Was the defendant responsible for these, or some other thugs who perhaps acted as accomplices? Whatever the case, my advice to the family would be to stay vigilant. Perhaps they should get a dog to alert them of intruders. I personally have a pug whom I sent to obedience school. Anytime someone even comes near the house, he yelps loud enough to raise my neighbors.

T.G.

I'd read that the threats to the family had been coming from his sister and friends. What action would be taken against them I didn't hear.
I'd also read somewhere that the court had ruled his personal pets would be taken away from him & placed in other homes. I don't know for sure if any of that is true but I hope so.
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PHRatz