LANCASTER – A Lancaster man seen on cell phone video abusing and body slamming a puppy must stand trial for felony animal cruelty, a judge ruled.
Robert Emmett Martin, 53, attended his probable cause hearing Tuesday morning in an Antelope Valley courtroom. The prosecution called Martin’s actions “aggravated and egregious” while the defense argued that the charge should be reduced to a misdemeanor because Martin has no criminal history and is developmentally disabled.
The felony animal cruelty charge stems from an incident that occurred around 7:30 a.m., Friday, August 8. Martin is accused of repeatedly punching and kicking his six-month-old pit bull mix named Daisy in front of his house on the 500 block of East Lancaster Boulevard. A portion of the abuse was captured on video, which shows Martin swinging the dog in the air by its leash before body slamming the puppy onto the street. Martin also can be heard shouting profanities and racial slurs. (View the video below. Warning: It contains graphic images and offensive language.)
The man who recorded the video on his cell phone – 46-year-old Lindsey Cooks – testified in court Tuesday morning.
Cooks said he and his family were waiting at a bus stop near 5th Street East and Lancaster Boulevard when he noticed Martin walking back and forth with a small black dog.
“He was cussing at the dog, hitting the dog,” Cooks said. Questioned further, Cooks said he saw Martin kick the dog and punch the dog in the head at least three times. Cooks said he warned Martin, and then Martin called him a racial slur.
“I said ‘that’s animal cruelty,’ he said ‘shut up ni**er!’” Cooks testified.
Cooks said he began to record Martin on his cell phone as Martin continued to abuse the dog and hurl racial slurs.
“He picked up the dog and slammed it on its head. I recorded it…He kept saying f-you ni**er, I recorded it,” Cooks said.
Under cross examination, public defender Graham Arthur Bentley tried to chip away at Cooks’ credibility by bringing up his criminal history. Cooks said he was convicted of commercial burglary in 2011 and possession of narcotics in 2010. He said he had served his time in County jail for the crimes and he was not on probation.
The defense attorney also disputed Cooks’ interpretation of the video. Bentley said the video showed Martin “cradling the dog” in his arms, and he said the dog was dropped on its feet and body, not slammed on its head, as Cooks had claimed.
Also testifying at the preliminary hearing was Benjamin Casebolt, one of the Lancaster Sheriff’s deputies who answered the animal abuse call on Aug. 8.
When deputies responded to Martin’s home, the dog was dragging one of its legs and walking with a limp, Casebolt said.
The dog showed “only a slight limp,” which was no longer apparent by the time animal control officers arrived, the defense attorney countered during cross examination, citing Casebolt’s police report.
Casebolt’s police report also indicated that Martin’s speech was slurred and that Martin’s sister told deputies Martin suffered brain damage at birth and had the understanding of a 12-year-old, Bentley said.
The hearing concluded with a viewing of Cooks’ cell phone video before the recording was admitted into evidence.
Los Angeles Superior Court Judge Bernie LaForteza denied the defense’s motion to reduce the charge to a misdemeanor and ruled there was enough evidence to try Robert Martin on one felony count of cruelty to an animal. If convicted as charged, Martin faces a maximum penalty of three years in jail.
Martin was allowed to remain out of custody on his own recognizance. A second arraignment is scheduled for Sept. 10.
**Warning: Video contains graphic images and offensive language**
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Anne apollitt says
The courts have a video of the abuse. It’s right there plane as day what happened. WHAT is the friggin problem? He should be given the maximum penalty for what he has done. Like everyone is saying even if he has the intelligence of a 12 yr. old he still should know better.
This man is GUILTY end of story and he knew what he was doing! PERIOD! Convict this guy. How can you not.
If he is not convicted of this abuse what does that say about our judicial system?
jj says
jeez…..the video is solid proof. Criminal Background has no relevance to the case. There is even a clause in law that states you are not allowed to say that during a trial even if the supposed criminal relevance is against the one accused. To be a witness and have your information thrown like that should be illegal. Especially with so much evidence.
christy nelson says
so thankful to the man that recorded this, had heard about it when it happened, was wondering what would happen, i truly hope this idiot gets jail time. and his sister sounds like an idiot too, most 12 year olds would know better, they ones that dont, need to be locked up too. no excuse for any of this to happen
Frontier says
To the gentleman that recorded the incident~F*** whoever even looked in2 your criminal history in the first place! It has no relevance to the case whatsoever. If anyone doubts your account of what happened that day all they have to do is view your video. It doesnt change what we are seeing wether an ex con, a crackhead, a liar, a thief, or f***ing Pope John Paul himself shot the tape! U are a hero sir, F*** what anyone has to say about it
CYNDI says
Frontier
i adopded Daisy, she is sooo sweet she is now running, jumping playing, eating, drinking…she doesn’t cry in her sleep anymore and finally plays with her toys.<3
I love her, Daisy lives in San Juan Capistrano and she is safe and very happy.
I wish that I could post pics of here for all of you to see. =)
MR. PERPLEXED says
THAT CHILD LAUGHING IN THE BACKGROUND SOUNDS SO CREEPY!
Regina Garrow Boots says
I don’t think he should go to jail if he is slow. He still should get punished for what he did and banned from having any pets in the future.
G. Marrion says
Court will sort out if he is in fact slow, or if his sister is covering for an alcohol or drug problem. He can decide his plea if he’s found competent.
Justice Best Served Cold says
Yeah, shake and kick him too…see how that works for him…rattle his slow little brain a little.
JD says
The guy is lucky I wasn’t at the bus stop…
Eric says
Wow, Graham Bentley sounds like a real piece of $#!+
Georgina Sikora says
I agree, how dare him bring up the past of this witness! I would be angry if I were the judge! It is an insult to his intelligence!!
E. Vasquez says
What is equally concerning is the kid in the audio, in the background, laughing about the incident. I’m glad the adult taking the video said “That’s f*ed up”. Who laughs at that? Sounds like another abuser in the making. SAD
Saints says
Lawyers out there REALLY!!! If Mr Lindsey Cooks had not capture and had the B___S to reported or post this clear injustice/abuse/cruelty on video bet that poor pup would be dead by now this man Martin deserves whatever he gets hope is the maximum allow impose by the judge and whatever happens to him in jail DON’T EVEN WANT TO KNOW DON’T CARE WELL DESERVED…..
tammy says
That man will get paid back in jail for what he did to that poor defenseless puppy. My 5 yr old grandson understands that you dont throw animals on the ground like that or hit them and so if this man only has the mental understanding of a 12 yr he should know the difference and I7 hope that tell him a may never own an animal for the rest of his life. And what does the creditable of someones past have to do with videotaping someone abusing an animal? If it was a human being would there be a difference? I think not. I hope they nail him to the wall.
J O says
Who cares what Lindsey Cooks has done in his past. It has nothing to do with what this guy did! Sounds like Lindsey has paid his dues and is doing something positive by trying to bring to light what this guy was doing to a defenseless animal. You cannot interpret this video as anything other then what it is! He deliberately slammed that dog on to the ground ! Hope he gets what he deserves!
c says
I would drop him from a helicopter right in the middle of ISIS!
Then see how bad ass he is!!!
Really?! Beating a helpless puppy I wish I were the one to have caught him! I would have kicked his sorry pathetic ass myself.
c says
Cooks you did a great thing! So you did wrong in 2011 but you also paid your dues. It’s something you did obviously it’s not who you are! Best to you.
Just one thing if that kid that was laughing is any relation to you ck him now he’s going down the wrong road.
momma of a 12 year old says
If he has the mental capacity of a 12 year old…why does he own a dog? Every 12 year old, even an 8 year old knows that what Martin did was wrong on so many levels. A felony conviction is in order here.
J says
There is no excuse to treat any animal like that. What comes around, goes around…That idiot will get what he deserves in the end…
rooney says
I can only say that I hope the dog gets justice and that the criminal knows what’s waiting for him in jail. Justice comes in all ways!
james says
ok clearly jack off did have the dog cradled in his arms, yet squeezing the dog to carry it to the street then he violently slams the dog down………how [removed] up is the American system that this video isn’t enough for prosecution??