Oct 19, 2007 8:15 pm US/Pacific
Milpitas Man Faces 36-To-Life For Dog Killing
SAN JOSE (CBS 5 / AP / BCN) ―
A Milpitas man is facing a possible 36 years to life in prison for allegedly killing his girlfriend's dog after the case's prosecutor filed enhanced charges Friday.
Alex Castro, 46, did not enter a plea Friday in connection with the July 31 death of Copper, a 10-year-old cocker spaniel.
Castro has two prior felony convictions and is being charged as a "three strikes" offender, which makes him eligible for a 25-year to life sentence if convicted. Deputy District Attorney Kevin Smith filed enhanced charges Friday that could add 11 years to his sentence. The enhancements stem from an allegation that he used a weapon to kill Copper.
Smith said a district attorney's office committee determined that Castro's alleged conduct in this case and his past conduct warranted the "three strikes" charge. He would not elaborate on the committee's reasoning, saying he was not a member of the committee.
Castro's attorney, Deputy Public Defender Ross McMahon, said "three strikes" charge was not surprising given the nature of the allegations.
"It's clear that people are going to react very strongly and very emotionally," McMahon said.
However, McMahon cautioned that Castro's case must be based on the facts and the law and not on emotional reactions.
Castro has served three years in prison and a series of shorter stints for six parole violations from 1999 to 2004.
Castro is scheduled to return to court Nov. 16.
(© CBS Broadcasting Inc. All Rights Reserved. This material may not be published, broadcast, rewritten or redistributed. The Associated Press and Bay City News contributed to this report.)
CBS 5 CrimeWatch
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