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Monday, April 6
The Indiana Daily Student

Guinea pig case dismissed by judge

Sophomore already paid fine after pet was thrown from window

A judge threw out a criminal case against an IU student who threw his pet guinea pig out of an eighth story window. \nSophomore David Feldsott dropped the pet from Briscoe Shoemaker with a makeshift parachute and previously paid a $500 animal cruelty ticket. He had faced misdemeanor animal cruelty charges before Monroe County Circuit Court Judge Marc Kellams dismissed them Tuesday.\nThe guinea pig, later named Noel, survived the fall. \nFeldsott's attorney, Fred Turner, said the judge dismissed the charges because of a "motion to dismiss" which Turner filed. The motion argued that Feldsott had already paid a fine for the infraction and further prosecution would "violate the double jeopardy clauses of the Indiana and United States Constitutions." Double jeopardy is charging a person more than one time for the same crime.\nIU Police Department gave the case to Dean of Students Richard McKaig when it occurred. Though McKaig could not comment on the specifics of the case, he said students can "rest assured that appropriate action will be taken in alignment with the code of ethics," according to a January article in the Indiana Daily Student.\nIn an interview Wednesday, McKaig said several clauses of the Code of Student Rights, Responsibilities and Conduct, including those regarding damage or destruction of University property, violation of Indiana or federal criminal law, or disorderly conduct could be used to prosecute an animal abuse case on campus.\nIUPD officers were called to Briscoe Quad to retrieve the guinea pig Dec. 16 as it was stuck in a tree. They noticed that an eighth floor window above the tree was missing its screen. When they questioned Feldsott, the resident of the dorm room, he admitted to outfitting his guinea pig with a duct tape, dental floss and garbage bag parachute and dropping it from his window. He also said he accepted full responsibility for the incident and knew what he did was wrong, according the same IDS story.\nFeldsott refused to comment on the case when contacted by phone.

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