Tomas Bautista sits in court waiting for his case to be called Dec. 16, 2011. He pleaded no contest to one count of animal cruelty. (Rafael Olmeda / December 16, 2011)
An Oakland Park man accused of sexually assaulting his roommate’s 3-year-old Chihuahua mix entered a no-contest plea in court Friday, accepting a sentence of a year and a day on an animal cruelty conviction.
Tomas Bautista, 40, will get credit for the 313 days he has been in custody since his February arrest.
“He apologizes to the family [of the dog’s owner] and he apologizes to the community for his reckless and irresponsible behavior,” said his attorney, Jacob Cohen, after Broward Circuit Judge Michael Usan accepted the plea.
Bautista was found on Feb. 17 passed out in the backyard behind the home where he lived with a 67-year-old roommate in the 300 block of Northwest 42nd Street. The roommate, Clemente Velasquez, said he went into the yard because he heard the dog, Mimi, let out a yelp, according to Assistant State Attorney Michael Hosford.
Velasquez saw the dog running away from the unconscious Bautista, whose pants were open, Hosford said. The dog was injured and bleeding, he said.
Asked to explain what happened, Bautista told investigators he gets “crazy” when he drinks, Hosford said.
Florida did not pass a law prohibiting bestiality (sexual relations between a human being and an animal) until this year. Gov. Rick Scott signed the law in May. It makes bestiality a first-degree misdemeanor, punishable by up to a year in prison.
The animal cruelty charge Bautista faced was a third-degree felony, punishable by a maximum prison term of five years plus a $10,000 fine.
With his sentence ending in less than two months, Bautista will face a new problem: Usan warned him that entering a no-conetest plea would result in his deportation to Guatemala.
“Yes, yes, I know that,” Bautista said through a Spanish interpreter, Reports the Sun-Sentinel.
WOW..I guess he was seeing his little short senorita during his druken haze~!!