In June 2015, the Williamson County State's Attorney's Office charged Kirkpatrick with numerous violations of the Humane Care for Animals Act (510 ILCS 70/1, et seq.) and the Veterinary Medicine and Surgery Practice Act of 2004 (225 ILCS 115/1, et seq.). See People v. Kirkpatrick, 2020 IL App. 160422, 148 N.E.3d 279. Following a July 2016 bench trial, Kirkpatrick was found guilty on four counts of practicing veterinarian medicine without a valid license, six counts of violating an animal owner's duties, and one count of aggravated cruelty to a companion animal. In September 2020, the Illinois appellate court affirmed Kirkpatrick's convictions for violating an animal owners' duties and reversed the conviction for one count of aggravated cruelty to a companion animal.
¶ 21 "It is well established that where a charging instrument alleges all the essential elements of an offense, 'other matters unnecessarily added may be regarded as surplusage.'" People v. Kirkpatrick, 2020 IL App (5th) 160422, ¶ 55 (quoting People v. Collins, 214 Ill.2d 206, 219 (2005)). However, here, "sexual penetration" is not "other matters," rather, it is an element of the crime.
A defendant is presumed to intend the natural and probable consequences of his or her acts. People v. Kirkpatrick, 2020 IL App (5th) 160422, ¶ 63.
A defendant is presumed to intend the natural and probable consequences of his or her acts. People v. Kirkpatrick, 2020 IL App (5th) 160422, ¶ 63.