The case of the trapped cat: DISMISSED

Published 4:00 pm Tuesday, December 16, 2008

PRAIRIE CITY – An elderly Prairie City couple won’t go to trial for trapping their neighbor’s cat – at least not yet.

Vera and Dorrance “Smokey” Wilborn, age 87 and 83 respectively, were charged with theft of a companion animal stemming from the live-trapping incident last May.

The case was headed to trial last Thursday, Dec. 11, in Grant County Justice Court. However, on Wednesday, Dec. 10, District Attorney Ryan Joslin had the case dismissed by Justice of the Peace Terry Farrell.

Joslin notified the Wilborns’ court-appointed attorneys, Markku Sario and Dan Cronin, that the case was being dismissed with the expectation that the Wilborns would refrain from trapping any more cats, forfeit their trap, pay a $177 veterinary bill for the cat “Spook” and write a letter of apology to the cat’s owners, Tina and Rod Willet of Prairie City.

Joslin said Thursday that he could refile charges in the case if the conditions are not met.

He also noted that the charge could have been more serious – a felony – but he chose to file the case as a misdemeanor.

So far, the outcome of the case hasn’t pleased any of the parties.

The Wilborns said last week they wouldn’t pay the vet bill or apologize, and said they hadn’t hurt anyone’s cat. Their attorneys said they had already rejected those demands in earlier court proceedings.

“That cat still comes up here,” Smokey Wilborn said. “There’s nothing we can do about it.”

Markku Sario, who represents Vera, noted that Joslin could refile the case as a violation, which would mean that the Wilborns would no longer qualify for court-appointed attorneys. Sario said he’d do the case for free if necessary.

“I’m ready for trial,” Sario said.

The owners of the cat are unhappy, too.

“I’m not OK with any of this,” said Tina Willet. “I know these people are elderly – I’m not looking for them to do jail time.”

However, she said she thinks a fine would be appropriate, and she wants some assurance that the Wilborns won’t trap any more cats. She also said that the charge – theft – didn’t reflect what was happening.

“I felt that animal cruelty should have been more of an issue, along with trapping in city limits,” Willet said.

How it all started

The Wilborns say they gave up their hopes for a garden because cats from the neighborhood were fouling the soil, but the last straw came last May when they found feline calling cards in the gravel floor of their carport.

The Wilborns set a live trap in a back corner of the carport to catch the culprit.

Little did they know that this act would set the stage for them to be accused of a crime – fingerprinted, photographed and booked at the Grant County Justice Center.

“I was shaking all over,” Vera Wilborn said of the booking experience. “I thought we would have to go to jail.”

Tina Willet called Oregon State Police on May 28 to report that she had rescued her cat from a trap about 4:30 that morning. She said her cat hadn’t come in that night, so she went looking for it. She said heard its cries coming from the Wilborns’ carport, where it was in the trap. Unable to open the trap, Willet took the trap and cat to her home, two doors down.

Willet also called her veterinarian, fearing that Spook had been poisoned, and the vet recommended that the cat be checked out. Willet said the veterinarian found discoloring of the gums that could have indicated either stress from the trapping or possible poisoning.

Police investigate

The State Police did some interviews in the case and then turned it over to the Grant County Sheriff’s Office.

Willet told police other neighborhood cats have disappeared in recent years.

“This has been going on in our neighborhood for years,” she said last week.

Willet said she can’t prove who is responsible for the other missing cats, but she said there have been rumors about cat killings since she and her husband moved to the street 10 or 11 years ago.

“I can’t be sure for anybody else,” she said. “But I know I found my cat trapped there.”

The Wilborns admit that they trapped cats in the past, but said they never killed any cats.

“We have never poisoned one. We have never killed one,” Smoky said.

They also said their trapping was limited.

They said they were given their first trap by a Prairie City police officer, who recommended trapping to discourage feral cats from a nearby vacant house that were straying onto their property. That trap was too small, so they bought a larger one.

They said that before last May, they last trapped cats at least eight years ago. Vera Wilborn said three of the trapped cats belonged to neighbors and were released; three appeared to be mangy or feral, so the Wilborns released them into the woods near Magone Lake.

However, they insist that they haven’t trapped since then.

In the May trapping, the Wilborns said, they didn’t intend to harm the cat, but wanted to find out if it belonged to someone or was a wild cat.

They said they baited the trap with Pacific Crest canned salmon, a brand they like to buy at Walmart – “We like those salmon patties,” Vera said.

They insist that the salmon wasn’t tainted or poisonous in any way.

However, Willet is upset at any kind of baiting to lure cats.

As for what’s next, the Wilborns have posted a “no trespassing” sign on their carport and have abandoned plans to plant a garden. Vera said a police officer suggested that they fence in their carport or install motion-activated sprinklers in their yard to discourage intruding cats.

“We live on less than $12,000 a year,” Vera said. “We can’t afford those things.

“And why should we have to? This is our yard.”

Meanwhile, Willet said she’s doesn’t expect to press the district attorney for a new trial because she doesn’t expect a better outcome.

“I’m kind of tired of the whole thing,” she said. “I just want them to quit doing this.”

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