LAS VEGAS (FOX5) — A Las Vegas judge denied a motion to dismiss the charge against a woman accused of hurting duck at a Las Vegas Strip resort, ruling the case will move forward to trial.
Destiny Reyes is facing a felony animal cruelty charge related to the case. Her defense attorney argued the charge should be reduced or dismissed because the ducks involved were wild animals — not pets — and therefore did not meet the legal definition required for a felony.
The state countered that the Venetian maintained the fountain space, excluded humans from it and allowed the ducks to remain there for the pleasure of tourists — arguing that constituted “keeping” the animals under the statute.
Prosecutors also argued that Reyes herself became a temporary keeper of the duck when she removed it from the water and carried it for an extended period. Video evidence and eyewitness testimony from a Venetian security officer placed Reyes in the fountain area, where a witness said she grabbed the duck from the water. The state said Reyes was also seen kissing and hugging the duck, as well as dropping it and forcefully spreading its wings.
The defense argued those two characterizations — that she was playing affectionately with the duck and that she was acting maliciously — were logically inconsistent. The defense also argued there was insufficient evidence that Reyes was feeding or sheltering the duck in any way that would make her its keeper.
The judge denied the petition for writ of habeas corpus, finding the state presented sufficient evidence to support a reasonable inference that Reyes committed the charged offense. The judge ruled that whether Reyes possessed the duck long enough, or acted with the required intent, are factual questions for a jury to decide — not grounds for dismissal at the probable cause stage.
The case is set to continue, with a separate motion regarding conditions of release scheduled for Aug. 11.
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