Woman accused of dragging dog qualifies for diversion program for mental health
A woman accused of dragging a dog behind a Bird scooter in January 2019 was ruled to qualify for a diversion program for mental health reasons at the Kern County Superior Court on Friday.
After being in the program for at least one year without violating its terms, Elaine Rosa’s charges could be dismissed, according to Joseph Kinzel, spokesman for the Kern County District Attorney’s office. Rosa is charged with a felony of cruelty to an animal and a misdemeanor of an owner failing to provide animal care.
Rosa’s defense made a motion during her readiness hearing Friday for her to enter the program, citing evidence that events from Rosa’s military history may have impacted her behavior in the case, Kinzel
said. Rosa will undergo counseling and treatment through the Veterans Affairs department with some possible work with Kern Behavioral Health as well, Kinzel said.
Kinzel said that the DA’s office thought the behavior toward the dog was “extremely negligent” but the DA’s office doesn’t believe it was intentional. Kinzel said that is something that affected the case.
“We didn’t doubt that Ms. Rosa did care for her animal, but we did think that her behavior was extremely negligent and warranted the charges,” Kinzel said. “The law is what the law is and provides for this type of resolution.”
Police who investigated the Jan. 6, 2019 incident reportedly estimated the dog was dragged along concrete and asphalt for about four-tenths of a mile at a speed between 13 and 20 mph. Rosa and the dog’s owner sought medical care after the incident and the dog was determined to have moderate injuries.
Kinzel said that the program will require various status hearings to ensure Rosa is successfully completing her treatment. The program could take up to two years, Kinzel said.