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May 27, 2008:
CASE FILED IN THE SAN BERNARDINO COUNTY SUPERIOR COURT: The People of the State of California vs. Timothy Arie Kooyman, Rancho Cucamonga District, Case No. FWV 801497. He was charged with 6 counts of felony animal cruelty for torturing and killing 6 cats [Penal Code 597(A)]. This was not the first time he had been charged with animal cruelty. He was also charged with 1 felony count of recklessly causing a fire to a structure or forest [Penal Code 452(C)].
June 6, 2008:
ARRAIGNMENT. Kooyman pled Not Guilty to all counts. Bail was set at $50,000. The Court appointed a public defender. Kooyman remained in custody.
July 1, 2008:
PRELIMINARY HEARING. The following witnesses testified on behalf of The People:
MICHAEL PAREDES (fire department employee)
WENDY SAUCEDO (San Bernardino County Sheriff’s Deputy--she arrested Kooyman)
JESSE KREIDER (City of Rancho Cucamonga Animal Control Officer)
ALONZO DANIEL (San Bernardino County Sheriff’s Deputy and Investigator).
No affirmative evidence presented by the defense.
The Judge DISCHARGED the first 3 of the 6 counts of animal cruelty which were filed against Kooyman. The reason for this was that 3 of those original counts were for the crimes Kooyman did when he lived in Corona (3 cats). Because Corona is located in Riverside County, it was outside San Bernardino County’s jurisdiction. The bail was increased to $150,000.00.
[Note: during the months of August through November of 2008, motions were filed by the defense, and various other hearings were scheduled, then continued or vacated. During January through April of 2009, several hearings were set, then continued or vacated.]
September 26, 2008:
MOTION HEARINGS RE: PENAL CODES 1538.5 AND 995. *
People’s Exhibit 1 is marked for identification and entered into evidence (Photo of defendant wearing orange shirt taken the night of his arrest.)
People’s witness Wendy Saucedo testifies.
The Court ordered that both motions are denied.
* The defense made a Motion to Suppress Evidence in connection with California Penal Code Section 1538.5. We don’t have a copy of that motion, but it may have had something to do with Kooyman’s truck being searched and his property seized “without probable cause.”
The defense made a Motion to Dismiss in connection with California Penal Code Section 995. These kinds of motions are brought essentially to request that the Judge dismiss one or more counts in the complaint. We never obtained a copy of this motion, but it may have had something to do with the Count charged regarding the brushfire Kooyman created when he lit the black cat on fire. Also, criminal defense attorneys raise this motion when they believe that a judge or grand jury incorrectly "held their client to answer for charges" following a California preliminary hearing.
December 18, 2008:
PRE-TRIAL HEARING. KOOYMAN CHANGES HIS PLEA TO NOT GUILTY BY REASON OF INSANITY. A Medical Commission was appointed by the Court consisting of the following doctors:
CRAIG C RATH, Ph.D.
2048 N WATERMAN AVE
SAN BERNARDINO CA 92404
and
ALLEN KILIAN, Ph.D
PO BOX 472
PATTON CA 92369.
February 18, 2009:
DEPUTY DISTRICT ATTORNEY DEBBIE PLOGHAUS AMENDS HER ORIGINAL COMPLAINT AND ADDS NEW ALLEGATIONS. Specifically: Penal Code Section 1192.7(C)(23) - serious felony / personally used a dangerous or deadly weapon.
February 20, 2009:
HEARING RE CONFIRMATION OF FILING OF MEDICAL REPORTS. The Court has now received both medical evaluations from Dr. Rath and Dr. Kilian and placed in the file in an envelope marked “Confidential” at defense counsel’s request.
March 13, 2009:
HEARING RE MEDICAL REPORTS. The medical reports are in conflict. The District Attorney requests the matter be recalled with Public Defender. The matter was recalled. Debbie Ploghaus spoke with the Public Defender Bounthavong previously, and both counsel agreed to continue the matter for one week.
March 20, 2009:
CONTINUED HEARING RE MEDICAL REPORTS. Confirmation of filing of medical reports previously confirmed. Off record, the Court and counsel confer in chambers. A jury trial was set for April 13, 2009.
April 7, 2009:
PRE-TRIAL HEARING. KOOYMAN CHANGES PLEA AGAIN. At the beginning of the hearing, Defendant Kooyman answers to the amended information earlier filed by the District Attorney, denying the special allegations. Then he changed his plea to “No Contest.” See below, reprinted, in part, from the Court’s Minutes on April 7, 2009:
“..... SEE REPORTER'S TRANSCRIPT FOR PLEA BARGAIN AGREEMENT.
THE COURT, AFTER READVISEMENT OF EACH OF THESE RIGHTS, FINDS THAT THE DEFENDANT UNDERSTANDS THE CHARGE(S), THE POSSIBLE PENALTIES, RIGHT AGAINST SELF-INCRIMINATION, TO CONFRONT AND CROSS EXAMINE WITNESSES, TO A PUBLIC AND SPEEDY TRIAL, TO JURY TRIAL, TO HAVE AN ATTORNEY PRESENT AT ALL STAGES OF THE PROCEEDINGS AND TO THE PUBLIC DEFENDER IF INDIGENT AND TO THE COMPULSORY PROCESS OF THE COURT TO SUBPOENA WITNESSES.
PLEA INFORMATION
BY LEAVE OF COURT, DEFENDANT WITHDRAWS PLEA OF NOT GUILTY. DEFENDANT IS INFORMED OF ELEMENTS OF THE CHARGE(S). FACTUAL BASIS ESTABLISHED.
DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AND ENTERS A PLEA OF NOLO CONTENDERE AS TO COUNT(S) 1 2 3 4 PER PLEA BARGAIN (INCORPORATED BY REFERENCE HEREIN).
COURT ACCEPTS PLEA OF NOLO CONTENDERE AND FINDS DEFENDANT GUILTY BASED ON PLEA.
DEFENDANT ADMITS ALLEGATION(S) UD, AS TO COUNT 4.
COURT FINDS THE PLEA IS BASED ON FACT AND/OR PLEA BARGAIN.
DEFENSE ATTORNEYS STIPULATION REGARDING COUNTS 1 2 3 ENTERED INTO THE RECORD.
DISMISSALS
REMAINING COUNT(S) TO BE DISMISSED AT TIME OF SENTENCING.”
May 6, 2009:
SENTENCING. See below Minutes of proceeding:
ACTION CAME ON FOR SENTENCING
COURT HAS READ AND CONSIDERED PROBATION MEMO DATED 04/09/2009
DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
FINDINGS/ADVISALS:
PURSUANT TO SECT 13350 VC, THE COURT FINDS A MOTOR VEHICLE WAS USED IN THE COMMISSION OF THE OFFENSE SPECIFIED IN COUNT(S) 1 2 3 4
COURT FINDS DEFENDANT IS NOT ABLE TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
COURT FINDS THAT THE DEFENDANT IS NOT LIABLE FOR PAYMENT OF BOOKING FEES.
PURSUANT TO PC296(A)(1) THE SHERIFF IS DIRECTED TO OBTAIN THE REQUIRED SAMPLES FROM THE DEFENDANT UNLESS THE SHERIFF VERIFIES THAT A PC296 SAMPLE HAS BEEN PREVIOUSLY OBTAINED FROM THE DEFENDANT AND IS CURRENTLY ON FILE.
COURT ORDERS BUCCAL COLLECTION OF DNA SAMPLE PURSUANT TO PC296
DEFENDANT COMMITTED TO STATE PRISON.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
RESTITUTION FINE OF $200.00 PURSUANT TO 1202.4 PC
PAYABLE TO REST FUND TO BE COLLECTED BY DEPT OF CORRECTIONS
REST FINE OF $200.00 PURSUANT TO 1202.45 PC
STAYED PENDING SUCCESSFUL COMPLETION OF PAROLE.
DISMISSALS
ON MOTION OF DISTRICT ATTORNEY, ALLEGATION(S) UD IN COUNT 3 DISMISSED PURSUANT TO PLEA BARGAIN.
SENTENCING INFORMATION
AS TO COUNT 4, THE COURT IMPOSES THE MID TERM OF 2 YEARS AND 0 MONTHS.
PRINCIPAL COUNT DEEMED COUNT # 4.
AS TO COUNT 1, THE COURT IMPOSES THE 1/3 MIDTERM, FOR A TOTAL OF 0 YEARS AND 8 MONTHS.
COUNT 1 TO RUN CONSECUTIVE TO COUNT 4.
AS TO COUNT 2, THE COURT IMPOSES THE 1/3 MIDTERM, FOR A TOTAL OF 0 YEARS AND 8 MONTHS.
COUNT 2 TO RUN CONSECUTIVE TO COUNT 1.
AS TO COUNT 3, THE COURT IMPOSES THE 1/3 MIDTERM, FOR A TOTAL OF 0 YEARS AND 8 MONTHS.
COUNT 3 TO RUN CONSECUTIVE TO COUNT 2.
AS TO ALLEGATION(S) UD IN COUNT 4 THE COURT IMPOSES THE TERM OF 1 YEARS AND 0 MONTHS.
ALLEGATION UD IN COUNT 4 TO RUN CONSECUTIVE TO COUNT 4.
SENTENCED TO STATE PRISON FOR A TOTAL TERM OF 5 YEARS AND 0 MONTHS.
CREDIT FOR TIME SERVED (357 ACTUAL + 178 CONDUCT) FOR A TOTAL OF 535 DAYS.
COURT FULLY ADVISES DEFENDANT OF PAROLE RIGHTS.
July 2009:
Kooyman was sent to the Avenal State Prison in Avenal, California and began serving his sentence. He was scheduled to be released from prison on February 28, 2011.
Thanks to the efforts of Voices for Pets, during the latter part of 2008 and for most of 2009, concerned citizens from all over sent emails and letters to Riverside County DA Rod Pacheco, asking his office to conduct their own investigation and consider pressing charges for the three Corona cats who suffered and died at the hands of Timothy Kooyman.
February 5, 2010:
COMPLAINT FILED IN RIVERSIDE COUNTY SUPERIOR COURT BY DISTRICT ATTORNEY ROD PACHECO’S OFFICE for the crimes committed in April and May of 2008 in Corona. The People of the State of California vs. Timothy Arie Kooyman, Case No. RIF 10000382.
The charges were:
1 Misdemeanor Count: PC 597A, Inhumane Transport of an Animal
Felony Count 1: PC 597(A), Cruelty to Animals
including Enhancement PC 12022(b)(1), Used Deadly Weapon/Comm Felony and
PC 1192.7(c)(23), Serious Felony/Deadly Weapon
Felony Count 2: PC 597(A), Cruelty to Animals
including Enhancement PC 12022(b)(1), Used Deadly Weapon/Comm Felony and
PC 1192.7(c)(23), Serious Felony/Deadly Weapon
Felony Count 3: PC 597(A), Cruelty to Animals.
March 9, 2010:
FELONY IN CUSTODY ARRAIGNMENT HEARING. Discovery provided to defense counsel. Kooyman pled not guilty to all charges, and he denied the enhancement charges.
Bail set in amount of $10,000.00. Court finds a hold exists - (Division of Adult Institutions). Kooyman sent to the Robert Presley Detention Center next to the Riverside Courthouse.
March 22, 2010:
A Request for Discovery is filed by defense counsel pursuant to 1054 PC.
April 9, 2010:
A Motion to Dismiss pursuant to double jeopardy is filed by defense counsel.
April 15, 2010:
An Opposition to Motion to Dismiss is filed by the District Attorney’s office.
April 20, 2010:
HEARING ON MOTION & FELONY SETTLEMENT CONFERENCE. Re: Defense’s Motion to Dismiss pursuant to double jeopardy. Court read and considered the Motion and it was denied.
Defense’s Motion to Continue Pursuant to 1050(d) PC was granted. The Motion was not opposed by the People. The Felony Settlement Conference was continued to May 11.
May 11, 2010:
FELONY SETTLEMENT CONFERENCE. A date for the Preliminary Hearing was set (May 18, 2010).
May 18, 2010:
PRELIMINARY HEARING.
People's witness, Corporal Alonzo Daniel, is sworn and testifies.
People's witness, Investigator Brian Danskin, is sworn and testifies.
No defense witnesses at this time. Argument by counsel heard by the court.
Court finds sufficient cause to hold the defendant to answer on all charges.
[Note: For the next several months, trial dates were set, but were repeatedly continued because the defense filed motions to continue pursuant to 1050(d) PC, and the Court granted those motions. The defense either needed more time to prepare for trial, or he was unavailable due to other cases.]
December 6, 2010:
TRIAL PROCEEDINGS BEGIN.
Listed below are the Minutes from Court’s web site.
People's exhibit(s) 1 - photo of tan cat standing w/arm up is pre-marked.
People's exhibit(s) 2 - photo of the remainder of tan cat’s tail is pre-marked.
People's exhibit(s) 3 - photo of black cat standing w/arm up is pre-marked.
People's exhibit(s) 4 - close-up photo of black cat’s injured ear is pre-marked.
People's exhibit(s) 5 - photo of remainder of black cat’s tail is pre-marked.
People's exhibit(s) 6 - photo of black cat’s face including injured ear is pre-marked.
People's exhibit(s) 7 - photo full body shot of burned cat is pre-marked.
People's exhibit(s) 8 - photo of face of burned cat is pre-marked.
People's exhibit(s) 9 - close-up photo of burned cat’s tail is are pre-marked.
People's exhibit(s) 10 - photo of bucket with blood and feces is pre-marked.
At 9:30, the following proceedings were held:
Defense counsel informs the court that the Defendant has relayed to him that he has not received his prescribed psych medications. Defendant returned to the jail to be seen by the jail nurse and if necessary given his prescribed medications.
Court in recess at 9:45.
At 10:22, the following proceedings were held:
Defendant advises he has been given his prescribed medication. An Evidence Code 402 hearing is conducted regarding admissibility of the Defendant’s interview.
People's witness Alonzo Daniel is sworn and testifies.
Argument by both counsel made. Court finds defendant’s interview is admissible.
Court in recess at 12:10.
Sheriff’s Department transcript from San Bernardino is released to defense counsel per court order of 10/26/10.
At 1:52, the following proceedings were held:
The People’s motions in limine are heard; argued and ruled by the court as follows:
Allow defendant’s prior misconduct under Evidence Code 1101(b)-is granted and denied in part. The People not to mention the fire/arson or the burned cat.
Photos of Rancho Cucamonga cats are admissible - is granted and denied in part. Exhibits #2 #7 #8 #9 are excluded. Exhibits #1 #3 #4 #5 #6 #10 are admissible.
Re defendant’s mental state is not relevant - is granted.
Court's exhibit 1 - from San Bernardino Sheriff’s office inmate classification form marked for identification.
December 7, 2010:
JURY TRIAL BEGINS. Below are the Minutes from Court’s web site.
At 10:53, the following proceedings were held:
Prospective jury panel having been summoned, is sworn regarding their qualifications to act as trial jurors.
Jury voir dire commences. Prospective jurors are admonished and directed to return 1:30.
Court in recess at 12:00.
At 1:37, the following proceedings were held:
Prospective jurors are present in court. Jury voir dire resumes.
At 2:44, the following proceedings were held:
Jury panel sworn to try the cause.
Jury voir dire continues for alternate jurors.
At 3:16, the following proceedings were held:
Two individuals sworn to serve as alternate jurors.
December 8, 2010:
JURY TRIAL IN PROGRESS.
Minutes from Court’s web site listed below.
At 8:50, the following proceedings were held:
Out of the presence of the jury, court and counsel confer regarding an individual wearing a t-shirt with Voices for Pets logo on it. Court addresses Leroy Moyer of Voices for Pets and informs him that it would be improper to display the t-shirt in the presence of the jury or in the courthouse.
At 9:10, the following proceedings were held:
Members of the jury and alternate(s) are present. Court instructs the jury.
Opening statement presented by Deputy DA Sharunne Foster.
Opening statement presented by Deputy Public Defender Souley Diallo.
People's witness, Michael Madril, is sworn and testifies.
Witness Michael Madril excused; subject to recall.
People's witness, Jesse Kreider is sworn and testifies.
At 9:55, an off the record sidebar conference is held where the court rescinds its previous order excluding Peoples exhibit #2.
Witness Jesse Kreider excused.
People's witness, Alonzo Daniel is sworn and testifies.
People's exhibit 11 - a CD of defendant’s interview is marked for identification only.
People's exhibit 11a 11b 11c - transcripts of defendant’s interview are marked for identification only.
Jurors are furnished with copies of the transcripts.
Counsel stipulate that the court reporter need not take down contents of CD when played.
Having been admonished all jurors are directed to return at 10:55.
Court in recess at 10:38.
Court resumes trial at 11:00.
People's witness Alonzo Daniel, previously sworn, resumes the witness stand. CD exhibit #11)is played for the jury.
All jurors are directed to return at 1:30.
Court in recess at 11:56.
At 1:30, the following proceedings were held:
Out of the presence of the jury, an Evidence Code 402 hearing is held regarding late discovery (photographs). Defense request to redact photo removing the lighter is heard and granted.
People's exhibit 12 - photo of knife, brush and cat food is marked for identification only.
People's exhibit 13 - photo of axe and cat food is marked for identification only.
Court and counsel confer regarding: note received from juror and how to address it.
Court resumes trial at 1:39. Members of the jury and alternate(s) are present. Court addresses the jury regarding the note/question received.
People's witness Alonzo Daniel, previously sworn, resumes the witness stand.
Witness Alonzo Daniel excused; subject to recall.
John McCandless is sworn to interpret spanish/english for witness.
People's witness, Guadalupe Hernandez, is sworn and testifies.
Witness Guadalupe Hernandez excused.
People's witness, Donna Burghard,is sworn and testifies.
Witness Donna Burghard excused.
People's witness, Heath Sybiak, is sworn and testifies.
Witness Heath Sybiak excused.
Having been admonished all jurors are directed to return at 3:23.
Out of the presence of the jury, the following proceed-ings were held: at 3:07, court and counsel confer regarding note/question received from juror. Court in recess at 3:10.
Court resumes trial at 3:25.
Members of the jury and alternate(s) are present.
People's witness, Kevin Munoz, is sworn and testifies.
Witness Kevin Munoz excused.
People's witness, April Casada-Huber, is sworn and testifies.
Witness April Casada-Huber excused.
People's witness, Brian Danskin, is sworn and testifies.
Subject to the introduction of exhibits, The People rest.
Subject to a PC 1118.1 motion, defense rests.
Jurors are admonished and directed to return on 12/09/2010 at 9:15. Out of the presence of the jury, the following proceedings were held at 3:42: PC 1118.1 motion - motion made by defense counsel is denied.
The People’s motion regarding amend count 1 to conform to proof is heard and granted.
The word “scalpel” under count 1 of the information is amended by interlineation to reflect the words “Exacto knife”.
People's exhibit(s) 1 2 3 4 5 6 10 are admitted into evidence.
People's exhibit(s) 11 12 13 are admitted into evidence.
People’s exhibits 11 11a 11b 11c will not be given to the jury unless requested by them.
Court's exhibit 2 complete transcript of defts interview marked for identification.
December 9, 2010:
JURY TRIAL IN PROGRESS.
At 8:47, the following proceedings were held:
Court and counsel confer regarding: jury instructions
Court in recess at 9:22.
At 9:46, the following proceedings were held:
Members of the jury and alternate(s) are present. Court instructs the jury.
Closing argument given by DDA-Sharunne Foster (10:06).
Closing argument given by DPD-Souley Diallo (10:30).
Court in recess at 11:11.
All jurors are directed to return at 11:20.
At 11:24, the following proceedings were held:
Members of the jury and alternate(s) are present.
DDA-Sharunne Foster gives her closing argument in rebuttal.
Court instructs the jury.
At 11:47, the following proceedings were held:
Sheriff is sworn to take charge of the jury.
Jury retires at 11:47 to commence deliberations.
Alternate jurors are thanked and excused.
Court in recess at 12:07.
At 2:15 jurors indicate they have a request for read back (note #1).. Counsel telephonically notified of the request.
At 3:28 court reporter commences requested read back of testimony and concludes at 3:40. At 3:45 deliberating jurors adjourn for the day. Jury trial is adjourned to 12/10/2010 (jury deliberating).
December 10, 2010:
At 8:50, jurors indicate in note #2 request to view the CD.
Counsel notified to return to court.
At 9:42, the following proceedings were held:
Court and counsel confer regarding: note #2.
At 9:53, twelve members of the jury are brought into the courtroom. The requested portion of the CD (exhibit #11) is played for the jury.
Jury retires at 9:58 to resume deliberations.
At 10:30, jurors indicate verdicts have been reached.
Counsel notified to return to court forthwith.
At 10:47, the following proceedings were held:
We the jury in the above entitled action, find the defendant Timothy A. Kooyman, guilty, in count 1 of a violation of Penal Code section 597(a).
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
Jury finds enhancement(s) 1udw in count 1 true.
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
We the jury in the above entitled action, find the defendant Timothy A. Kooyman, guilty, in count 2 of a violation of Penal Code section 597(a).
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
Jury finds enhancement(s) 1udw in count 2 true.
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
We the jury in the above entitled action, find the defendant Timothy A. Kooyman, guilty, in count 3 of a violation of Penal Code section 597(a).
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
Counsel waive polling of the jury.
Court orders verdicts and findings filed.
Court instructs the jury. Jurors are thanked and excused.
Report and sentence hearing set on 01/07/2011.
January 7, 2011:
SENTENCING.
Hearing took place at the Indio branch of the Riverside County Superior Court. Minutes from Court web site are listed below.
Request/order to conduct film/media coverage submitted by KPSP Channel 2 filed; Order granted by Judge John Davis
Probation is denied and sentence is imposed as follows:
As to count 1, the court imposes 1/3 the mid term of 2 years for a total of 0 years and 8 months.
Principal count deemed to be count 1.
As to enhancement 1u in count 1, the court imposes 1/3 the term of 1 years for a total of 0 years and 4 months.
As to count 2, the court imposes 1/3 the mid term of 2 years for a total of 0 years and 8 months.
As to enhancement 1u in count 2, the court imposes 1/3 the term of 1 years for a total of 0 years and 4 months.
As to count 3, the court imposes 1/3 the mid term of 2 years for a total of 0 years and 8 months.
Count 2 to run consecutive to count 1.
Count 3 to run consecutive to count 2.
Enhancement 1u in count 1 to run consecutive to sentence imposed in count 1.
Enhancement 1u in count 2 to run consecutive to sentence imposed in count 2.
Sentenced to state prison for a total term of 2 years and 8 months.
Case to run consecutive to case FWV801497, from San Bernardino County.
Defendant advised of appeal rights.
Pay restitution fine in the amount of $200.00 pursuant to 4b-1202.4(b) pc div. Adult institutions to collect obligation purs. 2085.5 pc [4b]
Pay additional parole revocation restitution fine in the amount of $200.00 pursuant to 45b-1202.45(b) pc fine is suspended unless parole is revoked. [45b]
Pay criminal conviction assessment fee of $90.00 [$30 per convicted charge]; payable to division of adult institutions (gc 70373)
Pay court security fee of $120.00 [$40 per convicted charge]; division of adult institutions to collect/transmit to trial court fund. (pc 1465.8(a)(1))
Submit necessary thumb and palm prints, blood and saliva specimens to division of adult institutions (pc 296(a)).
Prohibited persons notice form provided to defendant.
Impact statements given by the following:
Leroy Moyer-Founder & President of Voices for Pets
Robyn Hunt-Riverside County resident
Anne Feingold-Director of California Urban Cat Project
Lori Curran-Animal Rescue Foundation.
Court finds defendant does not have the ability to reimburse the county for attorney fees.
Sheriff to deliver defendant to Division of Adult Institutions at Delano.
January 28, 2011:
NOTICE OF APPEAL FILED BY TIMOTHY KOOYMAN FROM THE JUDGMENT OF THE COURT ENTERED ON JANUARY 7, 2011.
On or about February 15, 2011:
Voices for Pets receives a phone call from the Victims Services / Department of Corrections advising that Timothy Kooyman will be released from state prison on June 30, 2012.
April 18, 2011:
A hearing was scheduled in the Appeals Court.
[Dates for hearing have been continued numerous times. Kooyman’s lawyer in Appellate case has requested an extension to file Appellant’s Opening Brief four times. It is now due no later than September 19, 2011.
Kooyman’s Appellate Case Information:
County of Riverside District Court of Appeals
4th Appellate District, Division 2
Case Number E052853
The 4th Appellate District, Division 2 is located at:
3389 Twelfth Street
Riverside, CA 92501
Phone: (951) 248-0200
Parties:
Defendant and Appellant: Timothy Arie Kooyman
Attorney representing him is:
Susan Lynn Ferguson
4816 Arcola Avenue
North Hollywood, CA 91601
Plaintiff and Respondent: The People of the State of California
c/o Office Of The State Attorney General
P. O. Box 85266
San Diego, CA 92186-5266
CASE FILED IN THE SAN BERNARDINO COUNTY SUPERIOR COURT: The People of the State of California vs. Timothy Arie Kooyman, Rancho Cucamonga District, Case No. FWV 801497. He was charged with 6 counts of felony animal cruelty for torturing and killing 6 cats [Penal Code 597(A)]. This was not the first time he had been charged with animal cruelty. He was also charged with 1 felony count of recklessly causing a fire to a structure or forest [Penal Code 452(C)].
June 6, 2008:
ARRAIGNMENT. Kooyman pled Not Guilty to all counts. Bail was set at $50,000. The Court appointed a public defender. Kooyman remained in custody.
July 1, 2008:
PRELIMINARY HEARING. The following witnesses testified on behalf of The People:
MICHAEL PAREDES (fire department employee)
WENDY SAUCEDO (San Bernardino County Sheriff’s Deputy--she arrested Kooyman)
JESSE KREIDER (City of Rancho Cucamonga Animal Control Officer)
ALONZO DANIEL (San Bernardino County Sheriff’s Deputy and Investigator).
No affirmative evidence presented by the defense.
The Judge DISCHARGED the first 3 of the 6 counts of animal cruelty which were filed against Kooyman. The reason for this was that 3 of those original counts were for the crimes Kooyman did when he lived in Corona (3 cats). Because Corona is located in Riverside County, it was outside San Bernardino County’s jurisdiction. The bail was increased to $150,000.00.
[Note: during the months of August through November of 2008, motions were filed by the defense, and various other hearings were scheduled, then continued or vacated. During January through April of 2009, several hearings were set, then continued or vacated.]
September 26, 2008:
MOTION HEARINGS RE: PENAL CODES 1538.5 AND 995. *
People’s Exhibit 1 is marked for identification and entered into evidence (Photo of defendant wearing orange shirt taken the night of his arrest.)
People’s witness Wendy Saucedo testifies.
The Court ordered that both motions are denied.
* The defense made a Motion to Suppress Evidence in connection with California Penal Code Section 1538.5. We don’t have a copy of that motion, but it may have had something to do with Kooyman’s truck being searched and his property seized “without probable cause.”
The defense made a Motion to Dismiss in connection with California Penal Code Section 995. These kinds of motions are brought essentially to request that the Judge dismiss one or more counts in the complaint. We never obtained a copy of this motion, but it may have had something to do with the Count charged regarding the brushfire Kooyman created when he lit the black cat on fire. Also, criminal defense attorneys raise this motion when they believe that a judge or grand jury incorrectly "held their client to answer for charges" following a California preliminary hearing.
December 18, 2008:
PRE-TRIAL HEARING. KOOYMAN CHANGES HIS PLEA TO NOT GUILTY BY REASON OF INSANITY. A Medical Commission was appointed by the Court consisting of the following doctors:
CRAIG C RATH, Ph.D.
2048 N WATERMAN AVE
SAN BERNARDINO CA 92404
and
ALLEN KILIAN, Ph.D
PO BOX 472
PATTON CA 92369.
February 18, 2009:
DEPUTY DISTRICT ATTORNEY DEBBIE PLOGHAUS AMENDS HER ORIGINAL COMPLAINT AND ADDS NEW ALLEGATIONS. Specifically: Penal Code Section 1192.7(C)(23) - serious felony / personally used a dangerous or deadly weapon.
February 20, 2009:
HEARING RE CONFIRMATION OF FILING OF MEDICAL REPORTS. The Court has now received both medical evaluations from Dr. Rath and Dr. Kilian and placed in the file in an envelope marked “Confidential” at defense counsel’s request.
March 13, 2009:
HEARING RE MEDICAL REPORTS. The medical reports are in conflict. The District Attorney requests the matter be recalled with Public Defender. The matter was recalled. Debbie Ploghaus spoke with the Public Defender Bounthavong previously, and both counsel agreed to continue the matter for one week.
March 20, 2009:
CONTINUED HEARING RE MEDICAL REPORTS. Confirmation of filing of medical reports previously confirmed. Off record, the Court and counsel confer in chambers. A jury trial was set for April 13, 2009.
April 7, 2009:
PRE-TRIAL HEARING. KOOYMAN CHANGES PLEA AGAIN. At the beginning of the hearing, Defendant Kooyman answers to the amended information earlier filed by the District Attorney, denying the special allegations. Then he changed his plea to “No Contest.” See below, reprinted, in part, from the Court’s Minutes on April 7, 2009:
“..... SEE REPORTER'S TRANSCRIPT FOR PLEA BARGAIN AGREEMENT.
THE COURT, AFTER READVISEMENT OF EACH OF THESE RIGHTS, FINDS THAT THE DEFENDANT UNDERSTANDS THE CHARGE(S), THE POSSIBLE PENALTIES, RIGHT AGAINST SELF-INCRIMINATION, TO CONFRONT AND CROSS EXAMINE WITNESSES, TO A PUBLIC AND SPEEDY TRIAL, TO JURY TRIAL, TO HAVE AN ATTORNEY PRESENT AT ALL STAGES OF THE PROCEEDINGS AND TO THE PUBLIC DEFENDER IF INDIGENT AND TO THE COMPULSORY PROCESS OF THE COURT TO SUBPOENA WITNESSES.
PLEA INFORMATION
BY LEAVE OF COURT, DEFENDANT WITHDRAWS PLEA OF NOT GUILTY. DEFENDANT IS INFORMED OF ELEMENTS OF THE CHARGE(S). FACTUAL BASIS ESTABLISHED.
DEFENDANT WITHDRAWS PLEA OF NOT GUILTY AND ENTERS A PLEA OF NOLO CONTENDERE AS TO COUNT(S) 1 2 3 4 PER PLEA BARGAIN (INCORPORATED BY REFERENCE HEREIN).
COURT ACCEPTS PLEA OF NOLO CONTENDERE AND FINDS DEFENDANT GUILTY BASED ON PLEA.
DEFENDANT ADMITS ALLEGATION(S) UD, AS TO COUNT 4.
COURT FINDS THE PLEA IS BASED ON FACT AND/OR PLEA BARGAIN.
DEFENSE ATTORNEYS STIPULATION REGARDING COUNTS 1 2 3 ENTERED INTO THE RECORD.
DISMISSALS
REMAINING COUNT(S) TO BE DISMISSED AT TIME OF SENTENCING.”
May 6, 2009:
SENTENCING. See below Minutes of proceeding:
ACTION CAME ON FOR SENTENCING
COURT HAS READ AND CONSIDERED PROBATION MEMO DATED 04/09/2009
DEFENDANT WAIVES FORMAL ARRAIGNMENT FOR PRONOUNCEMENT OF JUDGMENT AND STATES THERE IS NO LEGAL CAUSE WHY JUDGMENT SHOULD NOT NOW BE PRONOUNCED.
FINDINGS/ADVISALS:
PURSUANT TO SECT 13350 VC, THE COURT FINDS A MOTOR VEHICLE WAS USED IN THE COMMISSION OF THE OFFENSE SPECIFIED IN COUNT(S) 1 2 3 4
COURT FINDS DEFENDANT IS NOT ABLE TO REIMBURSE THE COUNTY FOR ATTORNEY FEES.
COURT FINDS THAT THE DEFENDANT IS NOT LIABLE FOR PAYMENT OF BOOKING FEES.
PURSUANT TO PC296(A)(1) THE SHERIFF IS DIRECTED TO OBTAIN THE REQUIRED SAMPLES FROM THE DEFENDANT UNLESS THE SHERIFF VERIFIES THAT A PC296 SAMPLE HAS BEEN PREVIOUSLY OBTAINED FROM THE DEFENDANT AND IS CURRENTLY ON FILE.
COURT ORDERS BUCCAL COLLECTION OF DNA SAMPLE PURSUANT TO PC296
DEFENDANT COMMITTED TO STATE PRISON.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
SURCHARGE OF $50.00 IMPOSED PURSUANT TO PC1465.8(A)
AN ADDITIONAL ASSESSMENT OF $50.00 IS IMPOSED WHICH INCLUDES THE SECURITY SURCHARGE AND THE CRIMINAL ASSESSMENT.
AN ADDITIONAL ASSESSMENT OF $50 IS IMPOSED PER COUNT.
RESTITUTION FINE OF $200.00 PURSUANT TO 1202.4 PC
PAYABLE TO REST FUND TO BE COLLECTED BY DEPT OF CORRECTIONS
REST FINE OF $200.00 PURSUANT TO 1202.45 PC
STAYED PENDING SUCCESSFUL COMPLETION OF PAROLE.
DISMISSALS
ON MOTION OF DISTRICT ATTORNEY, ALLEGATION(S) UD IN COUNT 3 DISMISSED PURSUANT TO PLEA BARGAIN.
SENTENCING INFORMATION
AS TO COUNT 4, THE COURT IMPOSES THE MID TERM OF 2 YEARS AND 0 MONTHS.
PRINCIPAL COUNT DEEMED COUNT # 4.
AS TO COUNT 1, THE COURT IMPOSES THE 1/3 MIDTERM, FOR A TOTAL OF 0 YEARS AND 8 MONTHS.
COUNT 1 TO RUN CONSECUTIVE TO COUNT 4.
AS TO COUNT 2, THE COURT IMPOSES THE 1/3 MIDTERM, FOR A TOTAL OF 0 YEARS AND 8 MONTHS.
COUNT 2 TO RUN CONSECUTIVE TO COUNT 1.
AS TO COUNT 3, THE COURT IMPOSES THE 1/3 MIDTERM, FOR A TOTAL OF 0 YEARS AND 8 MONTHS.
COUNT 3 TO RUN CONSECUTIVE TO COUNT 2.
AS TO ALLEGATION(S) UD IN COUNT 4 THE COURT IMPOSES THE TERM OF 1 YEARS AND 0 MONTHS.
ALLEGATION UD IN COUNT 4 TO RUN CONSECUTIVE TO COUNT 4.
SENTENCED TO STATE PRISON FOR A TOTAL TERM OF 5 YEARS AND 0 MONTHS.
CREDIT FOR TIME SERVED (357 ACTUAL + 178 CONDUCT) FOR A TOTAL OF 535 DAYS.
COURT FULLY ADVISES DEFENDANT OF PAROLE RIGHTS.
July 2009:
Kooyman was sent to the Avenal State Prison in Avenal, California and began serving his sentence. He was scheduled to be released from prison on February 28, 2011.
Thanks to the efforts of Voices for Pets, during the latter part of 2008 and for most of 2009, concerned citizens from all over sent emails and letters to Riverside County DA Rod Pacheco, asking his office to conduct their own investigation and consider pressing charges for the three Corona cats who suffered and died at the hands of Timothy Kooyman.
February 5, 2010:
COMPLAINT FILED IN RIVERSIDE COUNTY SUPERIOR COURT BY DISTRICT ATTORNEY ROD PACHECO’S OFFICE for the crimes committed in April and May of 2008 in Corona. The People of the State of California vs. Timothy Arie Kooyman, Case No. RIF 10000382.
The charges were:
1 Misdemeanor Count: PC 597A, Inhumane Transport of an Animal
Felony Count 1: PC 597(A), Cruelty to Animals
including Enhancement PC 12022(b)(1), Used Deadly Weapon/Comm Felony and
PC 1192.7(c)(23), Serious Felony/Deadly Weapon
Felony Count 2: PC 597(A), Cruelty to Animals
including Enhancement PC 12022(b)(1), Used Deadly Weapon/Comm Felony and
PC 1192.7(c)(23), Serious Felony/Deadly Weapon
Felony Count 3: PC 597(A), Cruelty to Animals.
March 9, 2010:
FELONY IN CUSTODY ARRAIGNMENT HEARING. Discovery provided to defense counsel. Kooyman pled not guilty to all charges, and he denied the enhancement charges.
Bail set in amount of $10,000.00. Court finds a hold exists - (Division of Adult Institutions). Kooyman sent to the Robert Presley Detention Center next to the Riverside Courthouse.
March 22, 2010:
A Request for Discovery is filed by defense counsel pursuant to 1054 PC.
April 9, 2010:
A Motion to Dismiss pursuant to double jeopardy is filed by defense counsel.
April 15, 2010:
An Opposition to Motion to Dismiss is filed by the District Attorney’s office.
April 20, 2010:
HEARING ON MOTION & FELONY SETTLEMENT CONFERENCE. Re: Defense’s Motion to Dismiss pursuant to double jeopardy. Court read and considered the Motion and it was denied.
Defense’s Motion to Continue Pursuant to 1050(d) PC was granted. The Motion was not opposed by the People. The Felony Settlement Conference was continued to May 11.
May 11, 2010:
FELONY SETTLEMENT CONFERENCE. A date for the Preliminary Hearing was set (May 18, 2010).
May 18, 2010:
PRELIMINARY HEARING.
People's witness, Corporal Alonzo Daniel, is sworn and testifies.
People's witness, Investigator Brian Danskin, is sworn and testifies.
No defense witnesses at this time. Argument by counsel heard by the court.
Court finds sufficient cause to hold the defendant to answer on all charges.
[Note: For the next several months, trial dates were set, but were repeatedly continued because the defense filed motions to continue pursuant to 1050(d) PC, and the Court granted those motions. The defense either needed more time to prepare for trial, or he was unavailable due to other cases.]
December 6, 2010:
TRIAL PROCEEDINGS BEGIN.
Listed below are the Minutes from Court’s web site.
People's exhibit(s) 1 - photo of tan cat standing w/arm up is pre-marked.
People's exhibit(s) 2 - photo of the remainder of tan cat’s tail is pre-marked.
People's exhibit(s) 3 - photo of black cat standing w/arm up is pre-marked.
People's exhibit(s) 4 - close-up photo of black cat’s injured ear is pre-marked.
People's exhibit(s) 5 - photo of remainder of black cat’s tail is pre-marked.
People's exhibit(s) 6 - photo of black cat’s face including injured ear is pre-marked.
People's exhibit(s) 7 - photo full body shot of burned cat is pre-marked.
People's exhibit(s) 8 - photo of face of burned cat is pre-marked.
People's exhibit(s) 9 - close-up photo of burned cat’s tail is are pre-marked.
People's exhibit(s) 10 - photo of bucket with blood and feces is pre-marked.
At 9:30, the following proceedings were held:
Defense counsel informs the court that the Defendant has relayed to him that he has not received his prescribed psych medications. Defendant returned to the jail to be seen by the jail nurse and if necessary given his prescribed medications.
Court in recess at 9:45.
At 10:22, the following proceedings were held:
Defendant advises he has been given his prescribed medication. An Evidence Code 402 hearing is conducted regarding admissibility of the Defendant’s interview.
People's witness Alonzo Daniel is sworn and testifies.
Argument by both counsel made. Court finds defendant’s interview is admissible.
Court in recess at 12:10.
Sheriff’s Department transcript from San Bernardino is released to defense counsel per court order of 10/26/10.
At 1:52, the following proceedings were held:
The People’s motions in limine are heard; argued and ruled by the court as follows:
Allow defendant’s prior misconduct under Evidence Code 1101(b)-is granted and denied in part. The People not to mention the fire/arson or the burned cat.
Photos of Rancho Cucamonga cats are admissible - is granted and denied in part. Exhibits #2 #7 #8 #9 are excluded. Exhibits #1 #3 #4 #5 #6 #10 are admissible.
Re defendant’s mental state is not relevant - is granted.
Court's exhibit 1 - from San Bernardino Sheriff’s office inmate classification form marked for identification.
December 7, 2010:
JURY TRIAL BEGINS. Below are the Minutes from Court’s web site.
At 10:53, the following proceedings were held:
Prospective jury panel having been summoned, is sworn regarding their qualifications to act as trial jurors.
Jury voir dire commences. Prospective jurors are admonished and directed to return 1:30.
Court in recess at 12:00.
At 1:37, the following proceedings were held:
Prospective jurors are present in court. Jury voir dire resumes.
At 2:44, the following proceedings were held:
Jury panel sworn to try the cause.
Jury voir dire continues for alternate jurors.
At 3:16, the following proceedings were held:
Two individuals sworn to serve as alternate jurors.
December 8, 2010:
JURY TRIAL IN PROGRESS.
Minutes from Court’s web site listed below.
At 8:50, the following proceedings were held:
Out of the presence of the jury, court and counsel confer regarding an individual wearing a t-shirt with Voices for Pets logo on it. Court addresses Leroy Moyer of Voices for Pets and informs him that it would be improper to display the t-shirt in the presence of the jury or in the courthouse.
At 9:10, the following proceedings were held:
Members of the jury and alternate(s) are present. Court instructs the jury.
Opening statement presented by Deputy DA Sharunne Foster.
Opening statement presented by Deputy Public Defender Souley Diallo.
People's witness, Michael Madril, is sworn and testifies.
Witness Michael Madril excused; subject to recall.
People's witness, Jesse Kreider is sworn and testifies.
At 9:55, an off the record sidebar conference is held where the court rescinds its previous order excluding Peoples exhibit #2.
Witness Jesse Kreider excused.
People's witness, Alonzo Daniel is sworn and testifies.
People's exhibit 11 - a CD of defendant’s interview is marked for identification only.
People's exhibit 11a 11b 11c - transcripts of defendant’s interview are marked for identification only.
Jurors are furnished with copies of the transcripts.
Counsel stipulate that the court reporter need not take down contents of CD when played.
Having been admonished all jurors are directed to return at 10:55.
Court in recess at 10:38.
Court resumes trial at 11:00.
People's witness Alonzo Daniel, previously sworn, resumes the witness stand. CD exhibit #11)is played for the jury.
All jurors are directed to return at 1:30.
Court in recess at 11:56.
At 1:30, the following proceedings were held:
Out of the presence of the jury, an Evidence Code 402 hearing is held regarding late discovery (photographs). Defense request to redact photo removing the lighter is heard and granted.
People's exhibit 12 - photo of knife, brush and cat food is marked for identification only.
People's exhibit 13 - photo of axe and cat food is marked for identification only.
Court and counsel confer regarding: note received from juror and how to address it.
Court resumes trial at 1:39. Members of the jury and alternate(s) are present. Court addresses the jury regarding the note/question received.
People's witness Alonzo Daniel, previously sworn, resumes the witness stand.
Witness Alonzo Daniel excused; subject to recall.
John McCandless is sworn to interpret spanish/english for witness.
People's witness, Guadalupe Hernandez, is sworn and testifies.
Witness Guadalupe Hernandez excused.
People's witness, Donna Burghard,is sworn and testifies.
Witness Donna Burghard excused.
People's witness, Heath Sybiak, is sworn and testifies.
Witness Heath Sybiak excused.
Having been admonished all jurors are directed to return at 3:23.
Out of the presence of the jury, the following proceed-ings were held: at 3:07, court and counsel confer regarding note/question received from juror. Court in recess at 3:10.
Court resumes trial at 3:25.
Members of the jury and alternate(s) are present.
People's witness, Kevin Munoz, is sworn and testifies.
Witness Kevin Munoz excused.
People's witness, April Casada-Huber, is sworn and testifies.
Witness April Casada-Huber excused.
People's witness, Brian Danskin, is sworn and testifies.
Subject to the introduction of exhibits, The People rest.
Subject to a PC 1118.1 motion, defense rests.
Jurors are admonished and directed to return on 12/09/2010 at 9:15. Out of the presence of the jury, the following proceedings were held at 3:42: PC 1118.1 motion - motion made by defense counsel is denied.
The People’s motion regarding amend count 1 to conform to proof is heard and granted.
The word “scalpel” under count 1 of the information is amended by interlineation to reflect the words “Exacto knife”.
People's exhibit(s) 1 2 3 4 5 6 10 are admitted into evidence.
People's exhibit(s) 11 12 13 are admitted into evidence.
People’s exhibits 11 11a 11b 11c will not be given to the jury unless requested by them.
Court's exhibit 2 complete transcript of defts interview marked for identification.
December 9, 2010:
JURY TRIAL IN PROGRESS.
At 8:47, the following proceedings were held:
Court and counsel confer regarding: jury instructions
Court in recess at 9:22.
At 9:46, the following proceedings were held:
Members of the jury and alternate(s) are present. Court instructs the jury.
Closing argument given by DDA-Sharunne Foster (10:06).
Closing argument given by DPD-Souley Diallo (10:30).
Court in recess at 11:11.
All jurors are directed to return at 11:20.
At 11:24, the following proceedings were held:
Members of the jury and alternate(s) are present.
DDA-Sharunne Foster gives her closing argument in rebuttal.
Court instructs the jury.
At 11:47, the following proceedings were held:
Sheriff is sworn to take charge of the jury.
Jury retires at 11:47 to commence deliberations.
Alternate jurors are thanked and excused.
Court in recess at 12:07.
At 2:15 jurors indicate they have a request for read back (note #1).. Counsel telephonically notified of the request.
At 3:28 court reporter commences requested read back of testimony and concludes at 3:40. At 3:45 deliberating jurors adjourn for the day. Jury trial is adjourned to 12/10/2010 (jury deliberating).
December 10, 2010:
At 8:50, jurors indicate in note #2 request to view the CD.
Counsel notified to return to court.
At 9:42, the following proceedings were held:
Court and counsel confer regarding: note #2.
At 9:53, twelve members of the jury are brought into the courtroom. The requested portion of the CD (exhibit #11) is played for the jury.
Jury retires at 9:58 to resume deliberations.
At 10:30, jurors indicate verdicts have been reached.
Counsel notified to return to court forthwith.
At 10:47, the following proceedings were held:
We the jury in the above entitled action, find the defendant Timothy A. Kooyman, guilty, in count 1 of a violation of Penal Code section 597(a).
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
Jury finds enhancement(s) 1udw in count 1 true.
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
We the jury in the above entitled action, find the defendant Timothy A. Kooyman, guilty, in count 2 of a violation of Penal Code section 597(a).
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
Jury finds enhancement(s) 1udw in count 2 true.
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
We the jury in the above entitled action, find the defendant Timothy A. Kooyman, guilty, in count 3 of a violation of Penal Code section 597(a).
Dated: 12/10/2010, and signed by: # 3 jury foreperson.
Counsel waive polling of the jury.
Court orders verdicts and findings filed.
Court instructs the jury. Jurors are thanked and excused.
Report and sentence hearing set on 01/07/2011.
January 7, 2011:
SENTENCING.
Hearing took place at the Indio branch of the Riverside County Superior Court. Minutes from Court web site are listed below.
Request/order to conduct film/media coverage submitted by KPSP Channel 2 filed; Order granted by Judge John Davis
Probation is denied and sentence is imposed as follows:
As to count 1, the court imposes 1/3 the mid term of 2 years for a total of 0 years and 8 months.
Principal count deemed to be count 1.
As to enhancement 1u in count 1, the court imposes 1/3 the term of 1 years for a total of 0 years and 4 months.
As to count 2, the court imposes 1/3 the mid term of 2 years for a total of 0 years and 8 months.
As to enhancement 1u in count 2, the court imposes 1/3 the term of 1 years for a total of 0 years and 4 months.
As to count 3, the court imposes 1/3 the mid term of 2 years for a total of 0 years and 8 months.
Count 2 to run consecutive to count 1.
Count 3 to run consecutive to count 2.
Enhancement 1u in count 1 to run consecutive to sentence imposed in count 1.
Enhancement 1u in count 2 to run consecutive to sentence imposed in count 2.
Sentenced to state prison for a total term of 2 years and 8 months.
Case to run consecutive to case FWV801497, from San Bernardino County.
Defendant advised of appeal rights.
Pay restitution fine in the amount of $200.00 pursuant to 4b-1202.4(b) pc div. Adult institutions to collect obligation purs. 2085.5 pc [4b]
Pay additional parole revocation restitution fine in the amount of $200.00 pursuant to 45b-1202.45(b) pc fine is suspended unless parole is revoked. [45b]
Pay criminal conviction assessment fee of $90.00 [$30 per convicted charge]; payable to division of adult institutions (gc 70373)
Pay court security fee of $120.00 [$40 per convicted charge]; division of adult institutions to collect/transmit to trial court fund. (pc 1465.8(a)(1))
Submit necessary thumb and palm prints, blood and saliva specimens to division of adult institutions (pc 296(a)).
Prohibited persons notice form provided to defendant.
Impact statements given by the following:
Leroy Moyer-Founder & President of Voices for Pets
Robyn Hunt-Riverside County resident
Anne Feingold-Director of California Urban Cat Project
Lori Curran-Animal Rescue Foundation.
Court finds defendant does not have the ability to reimburse the county for attorney fees.
Sheriff to deliver defendant to Division of Adult Institutions at Delano.
January 28, 2011:
NOTICE OF APPEAL FILED BY TIMOTHY KOOYMAN FROM THE JUDGMENT OF THE COURT ENTERED ON JANUARY 7, 2011.
On or about February 15, 2011:
Voices for Pets receives a phone call from the Victims Services / Department of Corrections advising that Timothy Kooyman will be released from state prison on June 30, 2012.
April 18, 2011:
A hearing was scheduled in the Appeals Court.
[Dates for hearing have been continued numerous times. Kooyman’s lawyer in Appellate case has requested an extension to file Appellant’s Opening Brief four times. It is now due no later than September 19, 2011.
Kooyman’s Appellate Case Information:
County of Riverside District Court of Appeals
4th Appellate District, Division 2
Case Number E052853
The 4th Appellate District, Division 2 is located at:
3389 Twelfth Street
Riverside, CA 92501
Phone: (951) 248-0200
Parties:
Defendant and Appellant: Timothy Arie Kooyman
Attorney representing him is:
Susan Lynn Ferguson
4816 Arcola Avenue
North Hollywood, CA 91601
Plaintiff and Respondent: The People of the State of California
c/o Office Of The State Attorney General
P. O. Box 85266
San Diego, CA 92186-5266
TIMOTHY ARIE KOOYMAN
SOUTHERN CALIFORNIA SERIAL CAT TORTURER
AN ONGOING LEGAL SAGA
SOUTHERN CALIFORNIA SERIAL CAT TORTURER
AN ONGOING LEGAL SAGA
• The Ontario Rabbit Killer, Shea Johnson
May 2011 - Present
May 2011 - Present
CHRONOLOGICAL TIMELINE
BEGINNING WITH MAY 13, 2008
May 13, 2008:
KOOYMAN ARRESTED. At approximately 9:47 p.m., a resident of Bramblewood Drive in Rancho Cucamonga called 911 to report suspicious activity - she reported that a man was walking back and forth to his vehicle which was parked on her street. When law enforcement arrived on scene, two bloodied cats were discovered by the Sheriff’s deputy gasping for air in a closed plastic container inside Kooyman’s truck, and their cut off tails were found nearby in an empty field.
On or about May 14 and 15, 2008:
KOOYMAN IS INTERVIEWED BY SHERIFF’S DEPUTIES. Kooyman is also taken on a “show and tell” drive to the City of Corona in Riverside County because he told Sheriff’s Deputies he had tortured and killed cats when staying at motels there (the Crown motel and the National Inn).
BEGINNING WITH MAY 13, 2008
May 13, 2008:
KOOYMAN ARRESTED. At approximately 9:47 p.m., a resident of Bramblewood Drive in Rancho Cucamonga called 911 to report suspicious activity - she reported that a man was walking back and forth to his vehicle which was parked on her street. When law enforcement arrived on scene, two bloodied cats were discovered by the Sheriff’s deputy gasping for air in a closed plastic container inside Kooyman’s truck, and their cut off tails were found nearby in an empty field.
On or about May 14 and 15, 2008:
KOOYMAN IS INTERVIEWED BY SHERIFF’S DEPUTIES. Kooyman is also taken on a “show and tell” drive to the City of Corona in Riverside County because he told Sheriff’s Deputies he had tortured and killed cats when staying at motels there (the Crown motel and the National Inn).
Shea Johnson, an employee of Fox Rent A Car, Ontario Airport location, has been charged with 5 counts of felony animal cruelty by the San Bernardino County District Attorney‘s office for harming and killing rabbits at this place of business. Domesticated rabbits were most likely abandoned on and near the property that is adjacent to the Fox Rent A Car location. Since that time, they have been allowed to breed. They are tame, and employees, like Johnson, were able to pick them up.
We want to let the public know that Fox Rent A Car continues to allow this animal abuser and killer to work there. The question is, who at Fox Rent a Car is protecting the rabbits from Shea Johnson? We feel that by its failure to terminate Johnson’s employment, the manager and corporate office of Fox Rent A Car are condoning the cruelty, and supporting the illegal activity by Shea Johnson.
Shea Johnson has not been punished for his crimes. Shea Johnson has not had to pay any bail money to the court. He is free to come and go as he pleases, and continues to have the privilege of working in the vicinity of where the rabbits live.
We want to let the public know that Fox Rent A Car continues to allow this animal abuser and killer to work there. The question is, who at Fox Rent a Car is protecting the rabbits from Shea Johnson? We feel that by its failure to terminate Johnson’s employment, the manager and corporate office of Fox Rent A Car are condoning the cruelty, and supporting the illegal activity by Shea Johnson.
Shea Johnson has not been punished for his crimes. Shea Johnson has not had to pay any bail money to the court. He is free to come and go as he pleases, and continues to have the privilege of working in the vicinity of where the rabbits live.
Shea Johnson
Ontario Rabbit Killer
May 2011
Ontario Rabbit Killer
May 2011
Update: January 10, 2012
A Pre-Preliminary Hearing was held on December 8, 2011, where Shea Johnson - as part of a plea bargain - withdrew his plea of Not Guilty and changed it to No Contest as to Count 1. Unfortunately, as part of this plea bargain, the 4 remaining Counts will be dismissed at the time of sentencing.
A Pre-Preliminary Hearing was held on December 8, 2011, where Shea Johnson - as part of a plea bargain - withdrew his plea of Not Guilty and changed it to No Contest as to Count 1. Unfortunately, as part of this plea bargain, the 4 remaining Counts will be dismissed at the time of sentencing.
Timeline of Events as of September 9, 2011
Regarding rabbit torturer and killer, SHEA JOHNSON
• Age 22, born in May 1989;
• Court records indicate he is 6 feet, 3 inches tall, and weighs 280 lbs.;
• The violations took place for over a month up until May 25, 2011;
• He was arrested on May 26, 2011;
• He has had previous vehicle code violations, this is his first arrest for animal cruelty;
• An FBI number has been assigned to him;
• San Bernardino County Deputy District Attorney Debbie Ploghaus filed her Complaint on June 6, 2011;
• Charge: 5 felony counts of Penal Code 597(a) animal cruelty;
• The Court Case No. is FWV 1101830;
• At his arraignment hearing, despite Ms. Ploghaus’s persuasive request to the Judge, no bail was ordered by the Court. He was released on his own recognizance, and is not in jail.
• February 9, 2012 Sentencing hearing information, as listed previously
Regarding rabbit torturer and killer, SHEA JOHNSON
• Age 22, born in May 1989;
• Court records indicate he is 6 feet, 3 inches tall, and weighs 280 lbs.;
• The violations took place for over a month up until May 25, 2011;
• He was arrested on May 26, 2011;
• He has had previous vehicle code violations, this is his first arrest for animal cruelty;
• An FBI number has been assigned to him;
• San Bernardino County Deputy District Attorney Debbie Ploghaus filed her Complaint on June 6, 2011;
• Charge: 5 felony counts of Penal Code 597(a) animal cruelty;
• The Court Case No. is FWV 1101830;
• At his arraignment hearing, despite Ms. Ploghaus’s persuasive request to the Judge, no bail was ordered by the Court. He was released on his own recognizance, and is not in jail.
• February 9, 2012 Sentencing hearing information, as listed previously
• The Southern California Serial Cat Torturer, Timothy Arie Kooyman.
May 2008 - Present
May 2008 - Present
Update: January 10, 2012: KOOYMAN IS SCHEDULED TO BE RELEASED ON JUNE 30, 2012 FROM AVENAL STATE PRISON.
NEW SENTENCING DATE: February 27, 2012, Dept. R4, 8:30 a.m., Rancho Cucamonga Courthouse.
We ask concerned citizens to attend the sentencing if they feel that Shea Johnson’s violent and cruel behavior is unacceptable in our society.
Update: January 10, 2012
SENTENCING HEARING FOR SHEA JOHNSON WILL TAKE PLACE ON FEBRUARY 9, 2012, DEPT. R-2, 8:30 A.M., AT THE RANCHO CUCAMONGA COURTHOUSE. IF YOU ARE WITHIN REASONABLE DRIVING DISTANCE, WE ASK THAT YOU PLEASE ATTEND THIS HEARING TO SHOW YOUR SUPPORT FOR THE ANIMAL VICTIMS, AND TO LET THE JUDGE AND ATTORNEYS SEE THAT PEOPLE ARE CONCERNED ABOUT ANIMAL TORTURERS AND KILLERS IN THEIR COMMUNITIES. MORE DETAILS BELOW.
We ask concerned citizens to attend the sentencing if they feel that Shea Johnson’s violent and cruel behavior is unacceptable in our society.
Update: January 10, 2012
SENTENCING HEARING FOR SHEA JOHNSON WILL TAKE PLACE ON FEBRUARY 9, 2012, DEPT. R-2, 8:30 A.M., AT THE RANCHO CUCAMONGA COURTHOUSE. IF YOU ARE WITHIN REASONABLE DRIVING DISTANCE, WE ASK THAT YOU PLEASE ATTEND THIS HEARING TO SHOW YOUR SUPPORT FOR THE ANIMAL VICTIMS, AND TO LET THE JUDGE AND ATTORNEYS SEE THAT PEOPLE ARE CONCERNED ABOUT ANIMAL TORTURERS AND KILLERS IN THEIR COMMUNITIES. MORE DETAILS BELOW.
• Bud Wally Ruiz, Kills 6 week old puppy
December 2011 - Present
December 2011 - Present
DECEMBER 2011
MAN FACES 25 YEARS TO LIFE FOR KILLING 6-WEEK-OLD PUPPY
Dear Pet Lover,
Bud Wally Ruiz 53, of Gilroy in Santa Clara County, is accused of throwing a 6-week-old Chihuahua, 15 feet across a room and into a wall with enough force to kill the puppy.
In May 2011 Marcella Ruiz called Gilroy police to report a domestic dispute with her husband. Marcella said that when she told Ruiz she was calling the police, Ruiz yelled at her, “You’re a F ****** snitch” and he threw the puppy across the room into the wall.
Another witness, Marcella’s adult son, told police that he saw Ruiz throw the puppy against the wall.
In a video recorded Police interview, Ruiz claimed that he tripped and fell on the front door threshold and the puppy went flying.
Bud Wally Ruiz has a criminal history dating back more than 30 years. He has been in and out of prison. Among his many crimes are 4 separate Felony convictions for assault with a deadly weapon. He is also on Megan’s list and is a registered Sex Offender.
MAN FACES 25 YEARS TO LIFE FOR KILLING 6-WEEK-OLD PUPPY
Dear Pet Lover,
Bud Wally Ruiz 53, of Gilroy in Santa Clara County, is accused of throwing a 6-week-old Chihuahua, 15 feet across a room and into a wall with enough force to kill the puppy.
In May 2011 Marcella Ruiz called Gilroy police to report a domestic dispute with her husband. Marcella said that when she told Ruiz she was calling the police, Ruiz yelled at her, “You’re a F ****** snitch” and he threw the puppy across the room into the wall.
Another witness, Marcella’s adult son, told police that he saw Ruiz throw the puppy against the wall.
In a video recorded Police interview, Ruiz claimed that he tripped and fell on the front door threshold and the puppy went flying.
Bud Wally Ruiz has a criminal history dating back more than 30 years. He has been in and out of prison. Among his many crimes are 4 separate Felony convictions for assault with a deadly weapon. He is also on Megan’s list and is a registered Sex Offender.
Ruiz’s wife is part of the problem. She has repeatedly called 911 with reports of domestic violence, only to change her story to get him out of jail.
Child Protective Services social worker, Priscilla Ribiero said that Marcella’s two young children have been removed from the home to keep them away from Bud Ruiz. Ribiero stated, Marcella will often change her accounts to protect Bud, even at the expense of losing her children.
At a June 14, 2011 court hearing. Marcella sat next to me. When she noticed my T-shirt with the Voices For Pets logo, she asked me why I was there? I introduced myself and asked if she was willing to press charges with the hope of getting her kids back? She said, “I can’t talk about that.” A short time later the court called Marcella’s name and she stood up and asked the Judge for permission to visit her husband in jail.
Santa Clara County District Attorney Jeffrey F. Rosen has charged Ruiz under the California Three Strikes Law. If convicted Ruiz faces a sentence of 25 years to life.
Voices for Pets has seen similar cases that were charged or should have been charged under the Three Strikes Law that were plea bargained. Some of these cases were given a five-year sentence, some two years, and some only probation. Five years does not mean five years. With three days credit for every two days served in county jail plus two days credit for every day served in state prison, with pressure to grant early release due to prison overcrowding, Bud Wally Ruiz would be back in the community within two years if given a plea bargain.
Voices For Pets is asking you to contact Santa Clara County District Attorney Rosen to thank him for charging Ruiz under the Three Strikes Law. Please ask D.A. Rosen to not allow a plea bargain in this case.
You can contact District Attorney Rosen by mail, fax, and email.
Jeffrey F. Rosen, District Attorney Santa Clara County
Fax: 408-286-5437
70 West Hedding Street
email ACornell@da.sccgov.org
San Jose, CA. 95110
Be sure to add the suspect’s name, Bud Wally Ruiz and case number #F1138469.
In addition to contacting the D.A. if you are willing to come to court, send us your phone number and email, and Voices For Pets will notify you of future court dates.
Leroy Moyer, Director Voices For Pets 925-685-5388
Child Protective Services social worker, Priscilla Ribiero said that Marcella’s two young children have been removed from the home to keep them away from Bud Ruiz. Ribiero stated, Marcella will often change her accounts to protect Bud, even at the expense of losing her children.
At a June 14, 2011 court hearing. Marcella sat next to me. When she noticed my T-shirt with the Voices For Pets logo, she asked me why I was there? I introduced myself and asked if she was willing to press charges with the hope of getting her kids back? She said, “I can’t talk about that.” A short time later the court called Marcella’s name and she stood up and asked the Judge for permission to visit her husband in jail.
Santa Clara County District Attorney Jeffrey F. Rosen has charged Ruiz under the California Three Strikes Law. If convicted Ruiz faces a sentence of 25 years to life.
Voices for Pets has seen similar cases that were charged or should have been charged under the Three Strikes Law that were plea bargained. Some of these cases were given a five-year sentence, some two years, and some only probation. Five years does not mean five years. With three days credit for every two days served in county jail plus two days credit for every day served in state prison, with pressure to grant early release due to prison overcrowding, Bud Wally Ruiz would be back in the community within two years if given a plea bargain.
Voices For Pets is asking you to contact Santa Clara County District Attorney Rosen to thank him for charging Ruiz under the Three Strikes Law. Please ask D.A. Rosen to not allow a plea bargain in this case.
You can contact District Attorney Rosen by mail, fax, and email.
Jeffrey F. Rosen, District Attorney Santa Clara County
Fax: 408-286-5437
70 West Hedding Street
email ACornell@da.sccgov.org
San Jose, CA. 95110
Be sure to add the suspect’s name, Bud Wally Ruiz and case number #F1138469.
In addition to contacting the D.A. if you are willing to come to court, send us your phone number and email, and Voices For Pets will notify you of future court dates.
Leroy Moyer, Director Voices For Pets 925-685-5388
