Prattville animal cruelty case delayed

ALABAMA -- A straightforward animal cruelty appeal case in Autauga Circuit Court has become anything but with the introduction of a trans-Pacific element.

Rob Riddle, Prattville's prosecutor, wants to get a statement into evidence from the dead cat's owner, who now lives in Japan. So Circuit Judge Sibley Reynolds has continued the case, which was set to begin Monday. No new trial date has been set, courthouse records show.

The owner is a member of a military family that has been reassigned to Japan, Riddle said.

"I feel we need a statement from the cat's owner at trial, either through a video taped deposition where the defense can cross examine, or having the lady testify in person," Riddle said. "I have spoken with her and she said if we give her enough advance notice, she could travel to Prattville to testify during the trial."

The city would not pay for the trip, he said.

Nathan R. Barber, of Cross Creek Road, admits to shooting and killing the cat, described in Prattville Municipal Court records as an "orange and black calico."

He was convicted in municipal court of cruelty to a dog or cat on April 16, city court records show. He has appealed the case to circuit court and is seeking a jury trial.

His attorney, Brad Hawley, did not return emails or calls to his office seeking comment for this story.

In a past interview, Hawley said Barber killed the cat after it was injured, to put it out of its suffering.

The cat had gotten into Barber's yard and was mauled by his dogs, Riddle said. He allegedly put the dogs in his house, only to release them again whenre they mauled the cat a second time, Riddle said.
It was that second mauling that constitutes the cruelty, Riddle said.

A neighbor filmed Barber shooting the cat several times with a BB gun or pellet gun, Riddle said.

"The neighbor videotaped Barber with her cell phone, reaching over the fence with the pellet gun in his hand, and shooting the cat several times.”

"The neighbor is our primary witness," Riddle said. "In any prosecution you have expenses, but getting a statement in evidence from the cat's owner is not going to be a costly act. We will spend no more money on this case than we would any normal municipal court prosecution."

Cruelty to a dog or cat is a misdemeanor, punishable by a maximum on one year and a day in the county jail and a $5,000 fine.

(Montgomery Advertiser - Sept 29, 2014)

Earlier:

• Prattville man appeals animal cruelty conviction