SAN JOSE, Calif. _ After hearing emotional pleas from pet owners about their slain animals, a judge Friday sentenced a San Jose man who pleaded guilty to torturing and killing cats to the maximum 16 years behind bars.
However, Santa Clara County Superior Court Judge Sharon A. Chatman rejected the prosecution's request that Robert Farmer be required to register as a sex offender on the grounds that the circumstantial forensic evidence was not strong enough for her to definitively conclude he had sexually abused one of the slain animals after it died.
Without the sex registration requirement, Farmer will serve his sentence in county jail, not prison.
Farmer, 26, has been jailed since October 2015 when San Jose police found him asleep inside his car with a dead cat next to him. Police later determined he killed 18 cats _ only four of which have been found _ and injured three others. He also was accused of hitting the grandson of his 83-year-old landlady in the head.
With credit for good behavior since his arrest, he is set to spend 13 more years behind bars unless he violates rules or commits any crimes while in custody.
The courtroom was packed with the pet owners and their families, their neighbors in the Cambrian Park neighborhood and other animal lovers, many of whom were wearing purple ribbons with white cat paws. Many in the audience cried as several cat owners read victim-impact statements.
Miriam Petrova described how easygoing and loving her 17-year-old orange tabby "Gogo" was before being tortured to death.
"Robert Farmer is a monster who has no mercy and who victimized the most innocent member of our family," Petrova said, adding she does not believe he can change and imploring the judge to impose the maximum sentence. "Please send a strong and clear message that this community will not tolerate any animal abuse."
Farmer pleaded guilty in October to 20 counts of felony animal cruelty, one count of attempted felony animal cruelty, one count of simple battery and one count of using or being under the influence of a controlled substance, methamphetamine. The charges carry a penalty of up to 16 years in prison, and prosecutors urged the maximum sentence.
Farmer's lawyer, Wes Schroeder, acknowledged in a sentencing memorandum that his behavior was "completely unacceptable," but added that "it should be put in the context of Robert's altered mental state created by the monstrosity of his methamphetamine addiction."
The county's probation department recommended nine years, accompanied by intensive post-release counseling and supervision.
But the judge rejected the notion that Farmer was in a methamphetamine "frenzy," as well as his contention in a letter to her that he would never do something as "cruel, sadistic and inexcusable" as this again. Chatman noted that Farmer preyed on elderly, trusting cats who were beloved by many in the Cambrian Park neighborhood.
"He likes to hurt living things," Chatman said. "We need to make sure he doesn't do that for as long as possible."
After Farmer is released in 2030, he will be on "mandatory supervision," a strict form of probation, for three years. Under the conditions set by Chatman, he will not be allowed to own, care for or live with an animal for 10 years. He also must undergo psychological treatment, including taking any psychotropic drugs that are prescribed, as well as stay 100 yards away from the Cambrian Park area; specifically zip code 95124. Other conditions include mandatory drug testing.
Farmer was arrested in October 2015 after San Jose police officers found him asleep in his car with an orange female tabby cat squeezed inside a center console. That cat _ referred to as "Tabby Doe" in court proceedings _ became the focal point of the prosecution's argument for requiring Farmer to register as a sex offender when he's eventually released from jail.
Dr. Sharon Ostermann, a veterinarian for San Jose Animal Care and Services, testified in a pre-sentencing hearing that "Tabby Doe" turned out to have injuries consistent with post-mortem sexual assault. But Chatman said Friday that none of the animals were tested for semen _ apparently because there was no immediate indication they had been sexually assaulted _ and none was found on Farmer's clothing or car.
It is unclear whether anyone in California has had to register for sexually abusing an animal, but Santa Clara County Deputy District Attorney Alexandra Ellis had argued that the judge had the authority to make that decision. Ellis also argued Friday that Farmer presented a "phenomenal risk" of re-offending.
Animal lovers in the audience were pleased with Chatman's decision, including that she took pains to list every cat by name, from "Does" 1 through 11, to others including Angel, Gogo, Rayden, Thumper, Jupiter, Traveler and Tiger.
"The judge did everything she could possibly do," said Olena Klingman.
Audience member Gayle Goodson agreed, but said that as a result of the case, the group will explore the possibility of setting up an animal abuse registry in California, similar to the sex offender registry.
