If found guilty on both counts, Gilliam could be sentenced to a maximum of 10 years in prison.
On Nov. 7, a Bismarck woman living at Mr. B's Estates, 2500 Centennial Road, reported finding a cat shot with an arrow on her deck while she was getting ready to go to work. On Nov. 9, she found a second cat in her yard.
Gilliam, who also lives in the neighborhood, contacted the Bismarck Police Department on Nov. 10 "about accidentally shooting a cat with an arrow while target practicing in his backyard," according to the affidavit.
Officer Zachary Kraft testified, while at Gilliam's home, officers noticed an empty arrow box, matching the brand of arrows used to shoot the cats in the back seat of a car parked in the driveway, according to the affidavit.
But Gilliam's attorney, Kent Morrow, argued the arrow brand did not prove intent.
"For animal cruelty, it requires that the defendant intentionally engaged in animal cruelty," Morrow said. "There is no evidence that he intentionally shot either of these cats. There is only evidence that he accidentally shot one of them. Accidentally does not constitute intention."
The judge decided there was probable cause to advance the case.
"In my opinion, circumstantial evidence is that it would be pretty difficult to accidentally shoot two separate cats on two separate occasions, either that or grossly irresponsible," South Central District Judge Bruce Haskell said.
The case is set for trial on March 31.
(Bismarck Tribune - Dec 28, 2015)
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