REDWOOD CITY — A San Mateo County Superior Court judge ruled Wednesday that enough evidence exists to try a Manteca man accused of kicking his girlfriend's dog to death, breaking five of the pet's ribs while punting the animal some 6 feet into a bedroom wall.
Ariel Aspedilla, 26, has been charged with two felony charges of animal cruelty for the alleged March 6 attack on Chiquita, a 10-pound Chihuahua and miniature Doberman pinscher mix.
The five-year-old dog died because Aspedilla was upset that she had wet the bed in the morning, prosecutors said. Chiquita, who also suffered a punctured lung and liver, was allegedly kicked several times.
The dog's owner, 22-year-old Elyssa Palmer, testified against Aspedilla, her boyfriend, during a preliminary hearing Wednesday, telling the court she "didn't have time to take Chiquita out to go potty like I usually do." Shortly after Palmer left for work, Aspedilla called her to say that Chiquita had urinated on the bed and that he had swatted the dog onto the floor, Palmer said.
Palmer told the judge she immediately drove home, where she found Chiquita "kind of limp" and "lifeless" on a pile of bed sheets in the bathroom.
"I picked her up and I started crying," Palmer said. "I then asked him, 'What happened? What did you do?'" Palmer, who is a nanny to a 3-year-old girl, said she gathered the girl, Aspedilla and Chiquita into her car and began a frantic search for a veterinary hospital.
By the time the three arrived at the Sequoia Veterinary Hospital, Chiquita was either dead or dying, veterinarian Jill York said.
"I saw (Chiquita) take one agonal breath, which is a deep ragged type of breath that either precedes death or is shortly thereafter," York said.
A necropsy determined that the dog had died of internal bleeding caused by a "sharp" and "severe" blow to the ribs, the veterinarian said.
Suspecting animal cruelty, the veterinary hospital contacted the Peninsula Humane Society & SPCA, humane society spokesman Scott Delucchi said. Investigators with the humane society later interviewed Aspedilla, who admitted to kicking the dog, Delucchi said.
According to Palmer, who said outside of court that she visits regularly with her boyfriend in jail and is pregnant with his child, Aspedilla admitted he had kicked Chiquita the day of the alleged attack.
"He was beside himself, he called me crying," Palmer said. "He was sad and remorseful before he got incarcerated.
"I try to tell people, 'You don't know this man like I do,'" she said. "He is very family oriented; he has a dog of his own "... I forgive him. I can't live with hate and nonforgiveness."
Meanwhile, the San Mateo County district attorney's office has received close to 500 e-mails from county residents and individuals all over the country urging prosecutors to punish Aspedilla to the fullest extent of the law, said Chief Deputy District Attorney Steve Wagstaffe.
"We agree quite a bit with much of the sentiment we're getting," Wagstaffe said. "This was a small, defenseless animal. Not that it's right to kick a German shepherd or a Great Dane, but here's a 6-foot guy kicking a small animal that couldn't defend itself against him."
"From what we understand from the veterinarian, this dog suffered," he added. "Yes, we are in concurrence with much of what the public has been saying."
Aspedilla, who remains in custody in lieu of $50,000 bail, faces up to three years in prison. He is expected to return to the Hall of Justice on May 22 for his arraignment.
Staff writer Michael Manekin can be reached at 650-348-4331 or mmanekin@bayareanewsgroup.com.



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