Charge dismissed in cat-burning case

? Clay County authorities have dismissed a criminal charge against a Liberty man accused of burning a kitten in a barbecue grill.

Charles C. Benoit, 24, had been charged with animal abuse for allegedly placing the 7-week-old kitten in burning coals of a grill at his apartment complex.

Another resident of the complex saved the kitten, which later was euthanized when a veterinarian determined the animal had a congenital malformation of its chest.

Benoit had pleaded innocent to the felony charge, and his trial had been scheduled to begin Monday.

Clay County Prosecutor Don Norris said a witness on Friday was unable to recall key aspects of the case during a deposition session.

“Our eyewitness said she has no memory of any occurrence with a cat at her apartment complex that night,” Norris said. “Additionally, medical testimony indicated that while the 7-week-old kitten had been exposed to a heat source, it did not appear injured.”

Benoit remained in the Clay County Jail on Friday because of outstanding warrants from other jurisdictions.

Norris said his office was “frustrated with our inability to prosecute someone for this outrageous crime. I am very disappointed because a significant amount of resources had been expended in this case.”

Although the kitten’s whiskers had been burned off, there was no evidence the cat had been scorched, according to the veterinarian who examined the animal after the incident.

Benoit lived at an apartment complex where another resident, Sherry Scott, told authorities in July that 10 or 12 people had been barbecuing on a grill in the complex’s courtyard and that someone had shoved a stray kitten into the coals.

Scott said she pulled the cat, whom she named Lucky, out of the grill. Scott and another resident tried to nurse the kitten back to health by feeding it milk with an eye dropper, but the animal could not swallow.

News reports of the incident sparked widespread response from organizations, including the People for the Ethical Treatment of Animals. The animal rights group offered a $1,000 reward for information about the incident.

Martin Mersereau, a cruelty caseworker for the organization, said Friday he was concerned about the decision to dismiss the charge.

“We have a … burned kitten and a witness who has received death threats,” Mersereau said. “If they can’t make a case against … whoever did this, the community has a lot to worry about. Statistically, these cowards will eventually move on to people.”