The man who allegedly drilled a hole into the shell of a desert tortoise and chained it as a pet outside his Pahrump home will be evaluated by mental health professionals before facing trial for animal cruelty in a case that’s “lingered” for years.
Philip Peng, 75, was arrested on two charges of animal cruelty in July 2018. A frustrated Peng told a District Court judge on Wednesday that he’s waited more than four years for a trial. He said he had voluntariIy agreed to a mental health screening and was found competent to stand trial, but the judicial proceedings have lagged since his arrest several years ago.
District Attorney Chris Arabia told KPVM-TV this week the case is “on hold” and has been slowed because of the “pandemic,” “turnover with public defenders” and other factors.
“All of these things have led to this case kind of lingering quite a while,” Arabia told KPVM-TV.
Peng is also the defendant in another criminal case, Arabia said, where he allegedly threatened an employee at a local donut shop with a weapon. A status check for that case has been set for Sept. 12, Arabia told the news station, because there are some “questions about his competency status.” A mental health evaulation is needed before either case proceeds, Arabia said.
Peng reportedly used a power drill to cut a hole in the back of the tortoise’s shell and put a leash through it. He reportedly inserted an S-hook in the shell’s hole, which made it expand and then filled the hole with epoxy resin, according to court reports. Reports indicate that deputies recovered the tortured tortoise from Peng’s property where it had been living in a 10-inch bucket of water. The tortoise was confiscated and transferred into protective custody where it received care.
The federal Endangered Species Act protects desert tortoises in Nevada as well as California, Utah, and populations in Arizona, west of the Colorado River.
Contact editor Brent Schanding at bschanding@pvtimes.com.