Brittany Dunn, 27, is an accused cat burglar but not exactly the usual type.
Dunn is accused of stealing a kitten from the Rose Animal Clinic in Bentonville, Arkansas. She was playing with kittens on August 5 when she allegedly took off with one of the kittens. A clinic employee followed her and struggled with Dunn before being able to retrieve the kitten. She is now charged with commercial burglary, a Class C felony and theft of property, a Class A misdemeanor. She could face 3- 10 years for the offense, though that seems steep for trying to leave with a kitten.
That leads to an interesting question. Here is the state law:
5-39-201. Residential burglary — Commercial burglary.
(a) (1) A person commits residential burglary if he or she enters or remains unlawfully in a residential occupiable structure of another person with the purpose of committing in the residential occupiable structure any offense punishable by imprisonment.
(2) Residential burglary is a Class B felony.
(b) (1) A person commits commercial burglary if he or she enters or remains unlawfully in a commercial occupiable structure of another person with the purpose of committing in the commercial occupiable structure any offense punishable by imprisonment.
(2) Commercial burglary is a Class C felony.
If Dunn suddenly decided that she wanted the kitten, does that qualify as entering the structure “with the purpose of committing” an offense? It could have been the case that the playing with the kittens created what proved to be an irresistible impulse. Moreover, she was there with permission and could argue that she did not enter or remain unlawfully.
Things have not gone well however since the arrest. On Monday, Dunn appeared before Benton County Circuit Judge Brad Karren and was ordered removed after she refused to stop speaking and gave the “middle finger” to the court.
The cost of rescue kitten is less than a felony. The burglary must happen during closed hours not open hours for this to be true. She has been mischarged and should be under petty theft a misldemeanor under color of law, IMHO…I am not an expert on the law I am a connoisseur.
The Scaredy Cat Hospital in Scottsdale where I take my cats to see a veterinarian often has some kittens and adult cats up for adoption. They have them available where anyone can walk in and play with them. They aren’t free, but the costs are minimal. Still, if someone were to take one of these animals, it would be theft, plain and simple. Only lawyers in a courtroom could make it more complicated. It’s like shop-lifting, and that’s not acceptable, whether it’s a pack of cigarettes, a candy bar, or a kitten that is stolen. Should carry a penalty.
She should tell the courts she decided to “self-identify” as a dog and wanted to abuse the cat, as dogs are wont to do. Everyone else is pretty much pretending to be something they’re not these days so why not?
Her courtroom behavior is reminiscent of most recently called to testify before Congress; well with the exception of talking too much.
I think this should be a misdemeanor, not a felony. It was a kitten, not a cat.
This is shoplifting, with an added charge of assault IMO. She’s being overcharged, a typical mistake by prosecutors to get a plea bargain of, say, shoplifting.
Family resemblance?
https://upload.wikimedia.org/wikipedia/en/0/0f/Cat_scratch_fever_cover.jpg
The kitten immediately bonded with her. She took it to save it from extermination. Her defense can be grounded on the premise that the animal clinic kills some cats and she feared this cat was on a path to destruction. The fight was caused by the other person.
Who owned the kitten? Perhaps that person should be interviewed.
Maybe she should learn how to make some money, so she wouldn’t have to steal. (also literally — lol!)
Unless she was told to leave the building prior to taking the cat based on the information provided I don’t see evidence of the necessary Intent to be liable for a burglary. Failing to leave the building after being to fits the element of remaining unlawfully.
On the issue of her allegedly struggling with the employee if the employee was injured this could be a strong-arm robbery case since an assault in the immediate flight from a theft can constitute such.