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http://sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/03/29/BAGVJOU5II10.DTL
REDWOOD CITY -- A Half Moon Bay man who shot an ostrich to death after the flightless bird pummeled him and his friend when they trespassed on a coastal ranch was ordered released today after serving five months in jail for animal abuse.
Jonathon Porter, 20 -- who prosecutors say killed for revenge after the bird humiliated him in front of women he was trying to impress -- was sentenced today by Judge John Grandsaert effectively to time served.
Porter pleaded no contest in February to felony animal abuse for killing the ostrich, named Gaylord, and for possession of a firearm by a convicted felon.
Porter and his friend Timothy McKevitt, 19, got in trouble after they took some women to an ostrich ranch after party last Halloween, authorities said.
"Apparently the young ladies expressed an interest in seeing the ostriches," Porter's attorney, James McNair Thompson, said after today's hearing in San Mateo County Superior Court. "That all sounded like a good idea until the ostrich physically attacked (McKevitt and Porter), and apparently he got the better of them."
McKevitt was kicked in the ribs and knocked to the ground, according to a police report. Porter suffered scrapes and bruises when the ostrich kicked him, the report said.
"And at that point, the crucial thing happened," Chief Deputy District Attorney Steve Wagstaffe said. "Apparently the girls started laughing."
Porter and McKevitt drove away with the women, then allegedly armed themselves with a rifle and shotgun.
"We knew what had to be done," Porter told sheriff's investigators, according to the police report.
The two returned to the ostrich farm and opened fire on Gaylord, firing at least seven shots, according to the report.
"This whole thing is about male pride," Wagstaffe said. "The ostrich knocked them both on their butts."
Thompson said he would "hesitate to ascribe any sort of rational motive" to the killing.
"It was a cross between being really startled by the ostrich and the alcohol," Thompson said. "It led to a really bad decision."
At the time, Porter was on probation for grand theft. Both men were arrested Nov. 7 after allegedly confessing to the ostrich owner.
McKevitt has pleaded not guilty to felony animal abuse and other charges. He is free on $25,000 bail and is scheduled to go to trial in July.
Porter has been in custody since his arrest.
"He accepts the fact that he did a lot of time because he was on probation and he did a really stupid thing," Thompson said. "He accepts responsibility and regrets it."
REDWOOD CITY -- A Half Moon Bay man who shot an ostrich to death after the flightless bird pummeled him and his friend when they trespassed on a coastal ranch was ordered released today after serving five months in jail for animal abuse.
Jonathon Porter, 20 -- who prosecutors say killed for revenge after the bird humiliated him in front of women he was trying to impress -- was sentenced today by Judge John Grandsaert effectively to time served.
Porter pleaded no contest in February to felony animal abuse for killing the ostrich, named Gaylord, and for possession of a firearm by a convicted felon.
Porter and his friend Timothy McKevitt, 19, got in trouble after they took some women to an ostrich ranch after party last Halloween, authorities said.
"Apparently the young ladies expressed an interest in seeing the ostriches," Porter's attorney, James McNair Thompson, said after today's hearing in San Mateo County Superior Court. "That all sounded like a good idea until the ostrich physically attacked (McKevitt and Porter), and apparently he got the better of them."
McKevitt was kicked in the ribs and knocked to the ground, according to a police report. Porter suffered scrapes and bruises when the ostrich kicked him, the report said.
"And at that point, the crucial thing happened," Chief Deputy District Attorney Steve Wagstaffe said. "Apparently the girls started laughing."
Porter and McKevitt drove away with the women, then allegedly armed themselves with a rifle and shotgun.
"We knew what had to be done," Porter told sheriff's investigators, according to the police report.
The two returned to the ostrich farm and opened fire on Gaylord, firing at least seven shots, according to the report.
"This whole thing is about male pride," Wagstaffe said. "The ostrich knocked them both on their butts."
Thompson said he would "hesitate to ascribe any sort of rational motive" to the killing.
"It was a cross between being really startled by the ostrich and the alcohol," Thompson said. "It led to a really bad decision."
At the time, Porter was on probation for grand theft. Both men were arrested Nov. 7 after allegedly confessing to the ostrich owner.
McKevitt has pleaded not guilty to felony animal abuse and other charges. He is free on $25,000 bail and is scheduled to go to trial in July.
Porter has been in custody since his arrest.
"He accepts the fact that he did a lot of time because he was on probation and he did a really stupid thing," Thompson said. "He accepts responsibility and regrets it."
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