The government has brought Gerald Wayne Cruz's animal cruelty case to the higher court. This comes after the trial court dismissed the indictment last year. Cruz is accused for the 2018 fatally shooting of neighborhood dog, Pugua.

The Supreme Court of Guam heard oral arguments from both parties this morning in Gerald Wayne Cruz's animal cruelty case. Deputy Attorney General Stephanie Mendiola is appealing the decision and order from then-Superior Court judge Michael Bordallo.

"The people charged defendant Cruz with causing serious physical injury to these animals, but the trial court erroneously dismissed these charges," said Mendiola. "Based on its own interpretation that the law required the animals to survive in order for the crime to be committed, but that is not what the law requires and not what the legislature intended. So we ask this court to correct this error, reverse the dismissal and reinstate the indictment to allow the people to proceed on these charges."

On the other side, defense counsel William Bischoff makes previous successful arguments from trial court. "All that we are saying, all that we have been saying throughout this case is it should be a misdemeanor not a felon," he said.

"Because of the statutory definition of serious bodily injury, which is a substantial risk of death...this wasn't even a substantial risk of death this was a practical certainty of death which is the terminology of a knowing crime."

It was back in May 2018 when Cruz allegedly went to his neighbors house shot the neighbor's cat and then threw it in the back of his Tacoma. Then four months later, he is accused of causing similar serious physical injury to another neighbor's two year old dog, Pugua, who he allegedly shot and killed.

"This case is about who gets to decide crime and punishment. What is the crime of animal abuse, how do we punish animal abusers," he said. "An issue in this case is the interpretation of the law that created the felony crime of animal abuse and the corresponding punishments. The law is clear and unambiguous, it is a felony crime to cause serious physical injury to an animal and it remains a crime regardless if whether that animal lives or dies."

A second superseding indictment charged Cruz with cruelly killing as a felony. The trial court ultimately dismissed the indictment favoring the defense's arguments and found there were insufficient facts or evidence of the animals suffering before death. Mendiola argues the indictment is correctly before the court.

"This indictment is properly sufficient and the law does not require the element of survival which is the single factor for which the trial court dismissed this indictment."

The prosecution noted this morning that while Pugua's case was being heard, the legislature was discussing Pugua's Law. The higher court is taking the matter under advisement.