San Diego

A judge dismissed a felony charge on Tuesday against a Rancho Penasquitos woman accused of cruelty to an animal for dragging a stray dog alongside her car.

San Diego Municipal Judge Nicholas Kasimatis said there was insufficient evidence to demonstrate that Victoria Manriquez, 43, had deliberately intended to cause suffering to the animal. A veterinarian testified that the dog suffered severe abrasions on all four legs and that its pads were nearly scraped off.

Deputy Dist. Atty. Robert Madruga said there was a “high likelihood” that his office would refile the charge as a misdemeanor. Intent need not be established for a misdemeanor offense. The felony charge alleged that Manriquez had malicious intent to maim or wound the animal in the June 28 incident.

Manriquez wept upon hearing the ruling and embraced her 14-year-old son, Mark, and her husband. They left the courtroom through a back exit and avoided reporters.

While dismissing the case, Kasimatis noted that the method used to get rid of the apparently stray dog was not “the most appropriate way.”

“It’s not a pretty case,” he said. “The injuries to this dog were rather substantial.”

The woman’s son testified that the dog was not being dragged and the rope was not tight. Mark Manriquez said his mother asked him to check on the dog twice during the half-mile ride.