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Date: 02-21-2023
Case Style:
United States of America v. Decoius Mire
Case Number: 1:22-cr-00083
Judge: Marcia A. Crone
Court: United States District Court for the Eastern District of Texas (Jefferson County)
Plaintiff's Attorney: United States Attorney’s Office in Beaumont
Defendant's Attorney:
Description: Beaumont, Texas criminal defense law lawyer represented Defendant charged with animal crushing.
On October 15, 2021, Decorius Mire, age 23, and a co-defendant encountered a live domestic cat in the parking lot of a Beaumont apartment complex. The co-defendant, encouraged by Mire, kicked the cat as if kicking a football field goal, propelling the cat approximately 15 to 20 feet through the air. Mire filmed the event with his cellular telephone and posted the video on his social media accounts where it was commented on and shared with others.
Animal crushing is defined under federal criminal law as, “actual conduct in which one or more living non-human mammals, birds, reptiles, or amphibians, is purposely crushed, burned, drowned, suffocated, impaled, or otherwise subjected to serious bodily injury.”
Mire was indicted by a federal grand jury on Sep. 28, 2022 and faces up to seven years in federal prison at sentencing. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Beaumont Police Department and the Federal Bureau of Investigation and is being prosecuted by Assistant U.S. Attorney Joseph R. Batte.
18 U.S.C. 18 provides:
(a) Creation, Sale, or Possession. - Whoever knowingly creates,
sells, or possesses a depiction of animal cruelty with the
intention of placing that depiction in interstate or foreign
commerce for commercial gain, shall be fined under this title or
imprisoned not more than 5 years, or both.
(b) Exception. - Subsection (a) does not apply to any depiction
that has serious religious, political, scientific, educational,
journalistic, historical, or artistic value.
(c) Definitions. - In this section -
(1) the term "depiction of animal cruelty" means any visual or
auditory depiction, including any photograph, motion-picture
film, video recording, electronic image, or sound recording of
conduct in which a living animal is intentionally maimed,
mutilated, tortured, wounded, or killed, if such conduct is
illegal under Federal law or the law of the State in which the
creation, sale, or possession takes place, regardless of whether
the maiming, mutilation, torture, wounding, or killing took place
in the State; and
(2) the term "State" means each of the several States, the
District of Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, American Samoa, the Commonwealth of the Northern
Mariana Islands, and any other commonwealth, territory, or
possession of the United States.
Outcome: 02/21/2023 Minute Entry for proceedings held before Judge Marcia A. Crone: CHANGE OF PLEA hearing as to Decorius Mire held on 2/21/23. Defendant was present with attorney. The defendant was placed under oath. Court informed defendant of rights and consequences as a result of pleading guilty. Court informed defendant of the constitutional right to a trial. Defendant stated the plea was voluntary, and not the result of force, threats, or promises. Government summarized the plea agreement and factual basis in open court. Defendant described the actions that led to the charge. Court determined it was an appropriate Factual Basis. Defendant pled guilty to Count 1 of the Indictment. Defendant remanded to the custody of the US Marshals. Court Time: 2:41-3:00 pm (Appearances: AUSA Joe Batte, Counsel Thomas Kelley)(Courtroom Deputy: Julia Colyer, Court Reporter: Ruth Weese) (jc, ) (Entered: 02/21/2023)
02/21/2023 38 SEALED PLEA AGREEMENT as to Decorius Mire (jc, ) (Entered: 02/21/2023)
02/21/2023 40 Factual Basis by USA as to Decorius Mire. (jc, ) (Entered: 02/21/2023)
Plaintiff's Experts:
Defendant's Experts:
Comments: