A public defender representing Destiny Reyes, 29, has argued that the charges against her client for allegedly injuring a baby duck at the Venetian hotel's fountain in Las Vegas are based on a misinterpretation of state law. Reyes was arrested in early June on two counts of willful or malicious torture, maiming, or mutilation of an animal.
Police accused Reyes of climbing into the fountain, taking the duck, and tossing it into the air more than 50 times. She is also alleged to have shaken the animal, dropped it on the pavement, and spread its wings forcefully, leading wildlife officials to report an injury to the duck's right wing.
During her arrest on June 9, officers described Reyes as uncooperative and belligerent. She pleaded not guilty to the charges on July 2.
Her public defender, Benjamin Nemec, filed a petition for a writ of habeas corpus, challenging her detention. Nemec contends that the statute under which Reyes was charged requires the animal to be "kept for companionship or pleasure." He argues that because the duck was wild and not owned by the hotel or any individual, the law does not apply. "The State’s interpretation of the statute erases kept, instead allowing them to proceed on any animal, even one that is not kept for companionship or pleasure," Nemec stated in court documents.
Reyes faces potential release from custody after a court hearing on the habeas corpus petition scheduled for August 8. According to Clark County court records, her charges have reportedly been amended to the broader charge of cruelty to animals. The original charges carried a potential sentence of up to four years in prison and fines of up to $5,000. The amended charge of animal cruelty carries a maximum of six months in jail and fines of up to $1,000.
Reyes has remained in jail despite posting the $7,500 bail, citing fears for her safety due to what her attorney described in the petition as "sometimes violently racist death threats" received since her arrest. A jury trial for Reyes is currently scheduled for September 8.