Michelangelo, the 70-year-old tortoise, stabbed the shell with splinters of wood

A man has escaped jail after drunkenly attacking a pet turtle at a California daycare center.

The tortoise – a 70-year-old African sulcata named Michelangelo – was found bleeding after being stabbed with six-inch pieces of shards from a wooden garden gate post.

A rake handle had been slipped between the animal’s head and leg, and broken glass had been placed on its back.

George Robles, 42, was convicted Friday after pleading not to face charges of animal cruelty, commercial burglary and vandalism, the San Jose Mercury News reported.

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He has also been linked to other break-ins at the East San Jose preschool, stealing thousands of dollars worth of items in the days leading up to and following the attack last January.

Robles was sentenced to two years probation and mandatory treatment for mental health and substance abuse. He was also banned from keeping animals for 10 years.

The defendant’s attorney said his behavior towards the turtle was the result of excessive poisoning and not animal cruelty.

The turtle required surgery after the attack and was described as “amazing” by the vet who performed the operation.

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