Kimberly Nizato, a Bellflower, California resident accused of nearly starving her dog to death, was sentenced Monday to a misdemeanor count of animal cruelty.
Defense attorney Andrew Stein successfully argued to Judge Robert J. Higa that the District Attorney Office’s case did not meet the standard for a felony conviction.
Higa sentenced the 27-year-old to thirty days in county jail with two days suspended, three years of probation. She also will pay restitution of $2,034 and court fees.
“I make no excuse for what my client did,” Stein told the judge. “But I believe this was a crime of omission not commission.”
Nizato did not surrender to serve her time but instead was ordered by Higa to work on getting her restitution paid.
Ironically, Nizato was a full-time kennel assistant at an Irvine California veterinary hospital when she, with help from her sister, surrendered her severely emaciated dog to an acquaintance last spring. The 3-year-old German Shepherd weighed 37 pounds, and veterinarians said he had eaten dirt and rocks to survive.
Nizato was arrested April 16, 2010. She pleaded no contest to felony animal cruelty June 28.
German Shepherd Rescue of Orange County agreed to pay for the dog’s care and named him Courage. After weeks of round-the-clock care and constant feedings, the dog made a full recovery and now lives with Lisa Whiseant, the woman who took the dog to medical care last spring.
Whiseant, a Huntington Beach, California resident, submitted an impact statement to the court, which was read into evidence by Deputy District Attorney Jennifer Bainbridge.
“Courage has moved on. He is a healthy, joyous, 92-pound dog that spends his days playing with toys, his shepherd gal pal, and his wading pool. He harbors no ill effects and is now in perfect health,” Whiseant wrote. “His temperament is loving and forgiving.”
“He is loved, adored, protected and thankfully will have a happy life after returning from the brink of death.”
Stein was pleased with Higa’s decision to reduce the felony to a misdemeanor but said county jail would be a wakeup call for his client.
“I think it’s a good jolt,” he said.
Stein said the mystery of why his client let her dog go without food for so long would remain.
“We’ll never really know the why,” he said.
I am so sad that they didn’t starve her!!
Still a crime no matter what you call it!
I totally agree. Maybe they can make her a special meal of rocks and dirt, and she how she likes it.
And she works with ANIMALS!?! Would we allow someone who almost starved her child to death to work in a day care? This female should instantly lose her job. She’s a menace and a cruel person, and I think she got off far too easily.
I’ll bet she hasn’t gone without food, maybe she should. I have no use for pieces of crap like her.
It makes at me sick to see an individual mistreat an animal, especially a dog. I loved my dog so dearly that I would have gone without food before not feeding her. She is garbage and should never be allowed to have another animal as long as she lives.
This SHOULD be a felony!!! When will it end?? When PEOPLE start being punished for their actions! Ideally they should get the same punishment they dished out…starve that woman! That won’t happen, but the punishment should be way more harsh!
This woman is a danger to society, she will continue to torture animals and will continue with children, or anyone who cannot defend themselves. She should be jailed for a long, long time. She should be banned from having pets ever again, and if she has children they should be removed from her.
she looks like she hasnt missed a meal that fat discusting bastart i hope really bad things happen to her
Are you frickin’ kiddin’ me, dude???
HOLY CRAP!!! COME ON!!! Throw her in jail for 1yr or more and let the fat pig starve.
Yeah, the bitch looks like she could stand to lose some weight. Maybe we should starve her fat fucking ass!
A crime of omission not commission? She COMMITTED the unthinkable act of nearly starving a life to death. Had she willfully withheld all food from a human child to the brink of death, would they have considered that a crime of omission too? No, of course not. What BS. Shame on the judge for accepting such a bogus and laughable defense. SHAME.
A crime of omission not commission? She COMMITTED the unthinkable act of nearly starving a life to death. Had she willfully withheld all food from a human child to the brink of death, would they have considered that a crime of omission too? No, of course not. What BS. Shame on the judge for accepting such a bogus and laughable defense. SHAME.
If only I could go one day and a lifetime of not hearing about the patrick’s in this cruel world, The judge must be a animal hater to let this miserable excuse for a life , go unpunished like she should have been . I cry for all the sorrow animal’s have to go thru, with inhumane human’s . And pray they will have there day.
She should never be allowed to work, keep or be around animals! The county should revoke her veterinary license! Dumb ass woman, she looks all chubby and healthy while starving her dog that only requires minimum. How stupid a human can be? seriously.
I’ll never understand why people take a dog into their home and then NOT care for it. Why have it if you don’t care for it? She should
That women is a monster ! Her punishment should be the same what she did to Courage. People who harms animal’s are evil people with no souls.
That women is a monster ! Her punishment should be the same what she did to Courage. People who harms animal’s are evil people with no souls.
The Judge ignores the facts and reduces the charges. What type of case does it take for the Judge to wake up and smell the coffee??? Lawmakers wrote this Felony law for cases like this and this Judge spits not only on the lawmakers and citizens of California but on every rescue group out there who spends time and money trying to stop animal abuse. Hey Judge—If not this case then what case???? This Judge needs to step down!!!!