The animal cruelty case against alleged pet killer Gerald Wayne Cruz has been dismissed for a second time by Superior Court Judge Michael Bordallo.
The decision by Judge Michael Bordallo to dismiss the superseding indictment charging Gerald Wayne Cruz the second was done so because according to the court, the Office of the Attorney General charged Cruz improperly.
Cruz, who is accused of killing a neighbor’s dog and cat in Yigo, was first let off the hook in February when Bordallo dismissed the charges of animal cruelty citing that the facts did not support that Cruz had cruelly caused the animals’ deaths.
In the superseding indictment, Cruz was again charged with animal cruelty as a felony alleging that he caused “serious physical injury to an animal or tortured an animal.”
But the charges brought forth raised questions with the judge, specifically why the AG was not charging the lesser included offense of animal abuse as a misdemeanor when it “clearly applies.”
Bordallo further points out that the new indictment did not allege that Cruz killed the animals but instead only caused physical harm or torture.
While the AG can pursue misdemeanor charges based on the killings, the dismissal order states, “Neither the AGO nor the court has the authority to disregard the laws of Guam. Because Cruz has been charged improperly, the court dismisses both counts of animal cruelty without prejudice.”