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Norman Wolfinger, State Attorney State Attorney’s Office Brevard Government Center Complex 2725 Judge Fran Jamieson Way Building D Viera, Florida 32940 RE: ILLEGAL DISCHARGE OF FIREARM & FELONY ANIMAL CRUELTY against Ralph Robert Lester, Jr. for reckless shooting of a friendly domestic cat in a residential area Dear Mr. Wolfinger: This letter is a request that you file charges against Mr. Ralph Robert “Bob” Lester, Jr. for discharging a firearm numerous times in a residential area, Town of Melbourne Village, and felony animal cruelty. These charges must be filed given Mr. Lester’s admissions and the facts of the event. Mr. Lester has admitted to discharging a firearm multiple times in a residential area. Mr. Lester shot his gun at least five times at an object he could not clearly identify. Mr. Lester claims he thought his target was a wild pig. His target was, in fact, a friendly domestic cat, named Harry, owned by a neighbor as a pet. Any injured animal would try to flee upon being hurt, yet Mr. Lester was able to clearly and repeatedly shoot the same injured animal with sufficient force to produce upon it egregious bodily harm. Mr. Lester has admitted to shooting Harry multiple times. Harry suffered severe physical injuries that still could result in a fatal wounding. Harry’s owner has suffered emotional duress and is currently in fear of Mr. Lester’s disposition to willfully discharge his firearms at any time and whim. Accordingly, the neighbors have expressed the same fear because Mr. Lester clearly poses a danger to the neighborhood. As such, Mr. Lester violated the Town of Melbourne Village Ordinance MULTIPLE times. The ordinance is as follows: SECTION 12-21. WEAPONS AND FIREARMS, GENERALLY. It shall be unlawful to discharge in the Town of Melbourne Village firearms or weapons, which terms shall include but shall not be limited to pistols, rifles, shotguns, air rifles, dart guns, pellet guns, bows and arrows and other devices forcefully emitting projectiles with sufficient force to produce bodily harm. (Ord. No. 99, S 1, 10-24-78) The above SECTION 12-21 does not provide a defense against prosecution for not being able to identify the target and therefore discharge the aforementioned weapons that produce bodily harm. Mr. Lester was able to hit his target over and over again, proving that he certainly could see his target, Harry. Mr. Lester should be charged with felony animal cruelty as well as with discharging a gun in a residential area. The Florida animal cruelty statute, 828,12(2) clearly states that it is a felony that a person who intentionally commits an act to any animal which results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, or causes the same to be done, is guilty of a felony of the third degree, punishable as provided in s. 775.082 or by a fine of not more than $10,000, or both. Mr. Lester has admitted to excessively and repeatedly inflicting unnecessary pain and suffering to an animal, whether it was a wild pig or pet cat. Furthermore, Mr. Lester should be held accountable for all veterinary bills resulting from his felonious actions against Harry and the Town of Melbourne Village. MR. LESTER’S ACTIONS MORE THAN WARRANT PROSECUTION and if he may have any defenses to his felonious actions, please allow a judge or jury decide the merits of his case. Your immediate intervention and attention to this case is reasonable and justified. You will be helping our society progress in becoming aware of the consequences of reckless firearm shootings and in particular, against the shooting of defenseless neighborhood pets. Please help keep the citizens of Brevard County safe from criminals like Mr. Lester. Thank you for taking this matter seriously and prosecuting it to the full extent permitted by law. |