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Charles Black was convicted in 2011 by an Alameda County Superior Court jury of two counts of animal cruelty and was sentenced by Judge Allen Hymer to four years in prison.

 

The prosecution was made possible because a neighbor who heard the dog’s cries of pain over a period of months videotaped two incidents of Black beating the dog, a pit bull named Blueberry, on his balcony.

 

The neighbor, pipefitter Vince Faltis, testified that he and his brother, artist Steelee Faltis, decided to videotape the beatings because they found the alleged abuse “appalling.”

 

In the first incident, on June 30, 2009, Black was seen swinging a mop handle downward and a dog could be heard crying out five times. The tape was indistinct and did not show the handle hitting the dog, but Faltis testified that Black struck the dog forcefully.

 

Black testified in his defense that he pushed or touched Blueberry twice with the handle to discipline the dog for chewing an electrical cord, but denied abusing the animal.

 

The video of the second incident, on Feb. 19, 2010, was of higher quality.

 

Court of Appeal Justice Sandra Margulies wrote in the ruling, “This video was of far better quality, unmistakably showing defendant swinging a steel ax over his head and bringing it down on the cowering dog, striking the animal repeatedly.

 

“Defendant shouted angrily at the dog as it squealed in pain,” Margulies wrote.

 

Margulies and Justices James Marchiano and Robert Dondero unanimously upheld the conviction, rejecting Black’s claims that errors in jury selection had deprived him of a fair trial.

 

The appeals court also turned down Black’s appeal argument that the jurors should have been instructed that they had an option to convict him of a lesser charge of attempted animal abuse.

 

The three-judge panel said there was no evidence that Black attempted but failed to abuse the dog.

 

Vince Faltis was given a $2,500 reward by the Humane Society of the United States and donated $1,000 of that amount to Friends of the Oakland Animal Shelter.

 

This case was investigated by the Oakland Animal Services, a division of Oakland Police Department.  Oakland Animal Services transferred Blueberry to another shelter where he was eventually adopted by another family and is now doing very well.

 

A lawyer for Black, who is currently serving his sentence at the California Correctional Institution in Susanville, was not immediately available for comment.

Vince and Blueberry

Read SF Chronicle Article.

On Thursday, February 17, Oakland Animal Shelter hosted a press conference to recognize the actions of an Oakland resident, Vince Faltis, who secretly video taped Charles Black beating his dog, Blueberry, and immediately submitted the evidence to the Oakland Police Department.  This footage was instrumental in convicting Black of two felony counts of animal abuse and a sentence of four years in prison.  Black will have no chance of parole and will also be liable for restitution.

The Humane Society of the United States, In Defense of Animals and the Oakland Raiders participated in press conference to recognize Faltis’ efforts to supply law enforcement with critical information that led to the arrest and conviction of Charles Black.  The Humane Society of the United States is offering to pay a $2500 reward to Vince Faltis.  “Mr Faltis is a true hero. His courageous act supplied law enforcement with the tools to fully prosecute Mr. Black for this brutal and savage beating,” said Eric Sakach, senior law enforcement specialist for The Humane Society of the United States. “We are happy to reward Mr. Faltis for his selfless behavior and for getting justice for Blueberry.”  Faltis will be donating $1000 of the reward to the Friends of Oakland Animal Shelter.  Dr. Elliot Katz from In Defense of Animals gave Faltis a certificate of appreciation and Jarrod Cooper from the Oakland Raiders gave Faltis a signed Raider’s helmet and will be bringing him to several upcoming games. 

Faltis videotaped Black physically abusing Blueberry on June 30, 2009 and again on February 19, 2010.  Black was on his balcony in both instances and Faltis was able to take the video from his apartment – partially hidden by trees and distance.  This was a brave act since Black has a violent, criminal past.  The quality of the first video was not enough to warrant charges; however, the second tape, in combination with the first, as well as physical evidence gathered at Black’s home, convinced the Alameda County District Attorney to press felony animal abuse charges against Black. 

Oakland Animal Services Director Megan Webb stated “Abuse against animals occurs every day in our community and communities across the country.  However, people often don’t report these crimes because of fear and a feeling that nothing will be done if they do.  This story shows that reporting these cimes can have a big impact – Blueberry is now in a loving, adoptive home and Black is in prison.”   Webb also stated that this case exemplifies how animal abuse is being taken more seriously by law enforcement and justice system.  The Oakland Police Department, the Oakland Housing Authority Police, the District Attorney and the Prosecutor all worked hard to get justice in this case.  

 You can see a short clip from the video Vince Faltis took -please note this footage is disturbing:  Video

Blueberry Press Conference.mov

 

Blueberry

 

UPDATE 2/9/11:  Charles Black was found guilty by a jury of 2 counts of felony animal abuse for beating his dog Blueberry.  He was sentenced today (2/9/11) and received the punishment of:

• 48 months in prison (doubled because of previous felony)
• Hundreds of dollars of restitution
• No chance of parole

UPDATE:  1/20/11:  The two-and-a-half week-long trial of Oakland resident Charles Black came to an end on January 12 when jurors found Black guilty of two felony counts of animal cruelty for beating his dog, Blueberry, on June 30, 2009, and again on February 19, 2010. Black was immediately remanded into custody to await sentencing. The trial itself included a showing of a video tape of the beating taken by concerned neighbors. Attendees at the trial called the video “graphic” and “extremely difficult to watch.” The courtroom crowd also included numerous Oakland Animal Services volunteers and supporters, many of whom attended for the duration of the trial and wore blue in support of Blueberry and against such abuse.

The District Attorney’s office released a statement following the trial that the office was “pleased with the jury’s verdict and believes it reflects the cruel, outrageous conduct of the defendant.”  The statement went on to acknowledge that the defendant would not have been brought to justice without the cooperation of Oakland Animal Services, Oakland Housing Authority, and the individuals who documented and reported the defendant’s continuous abuse of Blueberry.

Blueberry was cared for at Oakland Animal Services and has now been adopted into a loving home, thanks to the help of Berkeley Humane Society!

OAS Director, Megan Webb, stated “I am very pleased for all of the support Oakland Animal Services has received from the other units of the Oakland Police Department, the District Attorney’s office and the citizens of Oakland to identify, investigate, charge and prosecute these cases of animal abuse.  It is encouraging to see how seriously these cases are being taken and resulting in felony charges and convictions.”

Blueberry in his new home.

The Alameda County District Attorney’s office charged Charles Black with two felony counts of animal abuse.  Black is accused of beating a dog on June 30, 2009 and again on February 19, 2010.  Both instances were captured on video by concerned neighbors and submitted it to the Oakland Police Department.

On 19 February 2010, neighbors witnessed a man beating a dog with an ax on the balcony of an apartment on E. 17^th St. The suspect, later identified as Charles Black, was yelling at the dog and striking him with the ax causing the dog to scream in pain. The witnesses videotaped the scene and called the police. OPD and Oakland Housing Authority made entry into the apartment and, after a struggle, arrested Charles Black. Police collected a bloodied ax and crowbar from the apartment. They transported the dog, an approximately 2 year old, male pit bull mix to a veterinary clinic and then to Oakland Animal Services. The dog suffered from contusions, several lacerations and intense fear of people.

The dog, apparently named “Blueberry”, is being housed in a quiet room at Oakland Animal Services to recover. He is learning to trust people and even to play ball. OAS is working to find an adopter for “Blueberry”.  This person will need be experienced with dogs and be willing to work to increase “Blueberry’s” confidence.