Elgin Man Gets 2 Years for Throwing Chihuahua Against Wall

In May, Oscar Guerrero allegedly threw his roommate’s Chihuahua against the wall, killing the dog. Why did he do it? Because his roommate was asleep and declined to help Guerrero on a project.

On Wednesday, Guerrero pleaded guilty to felony aggravated cruelty to animals, the Chicago Sun-Times reports. He’s been sentenced to two years in prison.

Authorities say that Guerrero had been drinking when he decided to wake up his roommate at 1:30 a.m. Guerrero asked the roommate to help him out with a project, according to prosecutors.

The roommate, who was sleeping on the couch with his Chihuahua Daisy, refused. The men began to argue. That’s when Guerrero reportedly grabbed Daisy by the scruff of the neck and threw her at the wall, killing the dog.

In a negotiated plea deal, Oscar Guerrero admitted to a single count of aggravated cruelty to animals. Under the Humane Care for Animals Act any person who intentionally causes a companion animal serious injury or death can be charged with aggravated cruelty to animals.

If it’s a first-time offense, aggravated cruelty is a Class 4 felony and punishable by anywhere from 1 to 3 years in prison. In addition to jail time, courts have the authority to order the convicted person to undergo a psychological evaluation and attend treatment if necessary.

Under Illinois’ criminal code, Guerrero is eligible for day-for-day setencing. He’ll be given credit for at least 137 days he served in Kane County Jail.

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