There’s MORE…Sad Day in Hell-UPDATE…ILLEGAL WARRANT-LESS UNCONSTITUTIONAL ANIMAL SEIZURE IN RAINS COUNTY, TEXAS

More came in from ‘my source’ and other sources…Please pay close attention as to how the law was broken to KILL and steal property under the ‘color of law’…While I have already told part of this story in previous posts, this came directly from someone close to Lori Gonzalez who knows these laws and how the law was NOT properly served…there was no justice for Lori Gonzalez or her donkeys including a 4th donkey that was not owned by her…

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“The morning of June 18th Lori had to take her youngest daughter to summer school.  Her ten year old daughter was born with an incomplete bowel, such that in her ten short years she has endured twelve surgeries.  Because of the anesthesia from this large number of ongoing surgeries, she has suffered brain impairment, leaving her with memory problems.  If this child is not constantly stimulated by “learning” she will forget what she was last taught and has to start from scratch all over again.

Since “summer vacation” will stagnate her learning ability, Lori has kept her enrolled in summer school “special needs” classes.

On June 18, Lori took her daughter to the Rains County Junior High for her first day of summer school.  Lori had not received any notice that the “summer school” classes had been moved to the Rains County High School, so upon arriving at the Jr. High, she had to find someone to tell her where the class had been moved to.  Obviously, all this took time.

Once Lori had her daughter safely in the classroom, she went on to the Justice of the Peace Court.

When Loir walked into the JP Court, Judge Don Smith (layman non-lawyer) stated that she was “late,” and they had already made their decisions.    The “Forfeiture Order” which Don Smith handed Lori is attached.   This is nothing  but pure “Nazi” behavior….  because this layman non-lawyer private “citizen” has NO authority to do any of this….

But, when Lori tried to tell him why she was late, he wouldn’t hear it.   When Lori tried to tell him that the “Warrant” was invalid and had NO signature on it and had nothing which gave it any authority or effect, Smith told Lori to look at the “Warrant” “he” had…  OF COURSE – the “Warrant” he had was all  filled out… Smith told Lori that she didn’t need a copy of any “signed” Warrant…  He told her that “they” didn’t need to give her a copy of a “signed” Warrant…!!!   Does anybody get what is going on here?   Complete and total violations of our rights protected and guaranteed by our precious Constitution of the United States!!! 

ForfeitureOrder_Lori Gonzalez

Don Smith has NO authority to issued a “Forfeiture Order” in the name of the state of Texas, according to Texas Government Code 27.031.
TGC 27.031 states: 

SUBCHAPTER B. JURISDICTION AND POWERS

Sec. 27.031. JURISDICTION. (a) In addition to the jurisdiction and powers provided by the constitution and other law, the justice court has original jurisdiction of:
(1) civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $10,000, exclusive of interest;
(2) cases of forcible entry and detainer;
(3) foreclosure of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court’s jurisdiction; and (4) cases arising under Chapter 707, Transportation Code, outside a municipality’s territorial limits.
(b) A justice court does not have jurisdiction of: (1) a suit in behalf of the state to recover a penalty, forfeiture, or escheat;  (2) a suit for divorce;  (3) a suit to recover damages for slander or defamation of character;  (4) a suit for trial of title to land; or (5) a suit for the enforcement of a lien on land.
(c) A justice court has concurrent jurisdiction with a municipal court in cases that arise in the municipality’s extraterritorial jurisdiction and that arise under an ordinance of the municipality applicable to the extraterritorial jurisdiction under Section 216.902, Local Government Code.
(d) A corporation need not be represented by an attorney in justice court.

If you look at the “Forfeiture Order” which was handed to Lori…  it is “styled” in the name of the “State of Texas”…. layman non-lawyer Don Smith has NO jurisdiction or authority to issue such an Order!!!  The SPCA had NO legal authority – NO legal “Order” of any court of competent jurisdiction – to enter Lori’s property…

When Lori was in Court, she states that there was a young man who was representing SPCA… when she asked him for his name, he refused…   Rains County Officer “Holt” was in the Courtroom and Lori states she presented a very negative “attitude” toward Lori…  The Rains County District Attorney – the ONLY “lawyer” in the Court room (the JP Don Smith has NO law degree) Robert Vititow vowed to “rack her”….  He has threatened Lori that “he” is going to get her for charges of animal cruelty…   Now, how do you do that when they can not prove that the dead Donkey they found in the ditch beside the roadway belonged to Lori… And, with a “Warrant” that was not valid in any way shape or form??? 

IF the readers of this blog are not completely incensed and moved to make phone calls to the Rains County officials on behalf for their complete violation of our “GOD GIVEN” rights, this will be a tradgedy!!

Don Smith has NO legal authority to preside over ANY allegations of animal cruelty because he has jurisdiction over only “Class C” misdemeanors, which have a fine up to $500. ONLY!!  He can NOT “take” property from anyone alleged to have cruelly treated an animal  Also, Don Smith does NOT have the legal power or jurisdiction to make any “findings” of fact or “conclusions” of law… yet, check out the language in the “Forfeiture Order”….  “this Court “finds” that 4 Donkeys have been cruelly treated by their owner, Lori Gonzalez…   Now, folks, just HOW does he justify this??  He has NO legal authority, by law, to do this… yet, he has “criminalized” Lori…  he has held court and found Lori guilty of cruelly treating 4 Donkeys… YET, the SPCA killed two donkey BEFORE Lori could have “her” veterinarian professionally evaluate the Donkey to provide evidence for her Defense… That is the American way, is it not… to KILL and dispose of the evidence BEFORE anyone can find out what the SPCA people really did??

And, another major problem… is that the dead Donkey found in the ditch… Rains County NEVER called the Texas Animal Health Commission to have them send a representative out…  A DEAD DONKEY is of great concern to the TAHC… these Rains County officials have NEVER proven that the Dead Donkey in the Ditch did NOT die of “RABIES” or any other contagious or communicable disease… They just “assumed” Loir had it, and that was enough for them…  So, aren’t you really upset, YET???    A dead donkey in the ditch and NOT ONE OF RAINS COUNTY OFFICIALS is concerned that the donkey just might have died from disease which MUST be reported to TAHC???  And, how does the SPCA get around the fact that they are nothing less than KILLERS???  Don’t they know that donkeys are livestock animals and the TAHC has jurisdiction over “livestock” animals in Texas???   BIG MISTAKE MADE HERE…  And Rains County and the SPCA can NOT get out of this one!!  

**People… contact District Attorney Robert Vititow at  Phone: 903-473-5000, ext. 115  and ask him WHY he is so adamant to “GET” Lori… when he can’t even prove WHAT the Donkey in the ditch died of… he can’t prove that the Donkey in the Ditch was property of Lori… AND, he needs to read up on Constitutional LAW… Animals are considered “property”, and as such, they are NOT able to be “injured”… to have a “crime” there needs to be an “injured” party… but, Property can not be ‘injured”….  And, the biggest thing these “officials” need to realize….   Each citizen of the United States has been endowed with – been given as a free gift – GOD given rights to life, liberty, and the pursuit of happiness…  The Constitution of the United States was carefully drafted over an 11 year period by our forefather, inspired by God Himself… to protect our GOD given rights from “infringement” by the government… So, the JOB of these “officials” is to “protect” Lori’s GOD given rights, NOT to destroy her life, her family, and to “steal” her GOD given rights!!  These “officials” are NOT living up to the oaths of their positions  – to PROTECT the Constitution of the United States – which is the foremost purpose for their “positions”… It is time to remind them!!  And, remind them in a big way…   You can find the contact information to Rains County officials at the following link: 

**Attached to this email is a list of “case law” which shows that the animal cruelty law in Texas is completely unconstitutional…  If you really think about WHAT these officials are supposed to do, according to the Constitution – they are supposed to be protecting our rights – not defending animals!!  This may sound very crass to some… but, IF YOU allow these officials to interfere and deprive any one of us of our Constitutionally protected rights, with regard to “animals”…. IT will NOT be long before they do what the Nazi’s did during World War II…. Adolph Hitler started to gain power over the people through “animal welfare” laws… and soon he had the power over the people to exterminate a people group…. IF you don’t want that to happen again…  start letting these officials know they are stepping WAY beyond the line – that they are violating ALL of our rights protected and guarnateed by the US. Constitution!!  Don’t let them use Lori to encroach on the rights of all of us… And, please Don’t let the SPCA continue to masquerade as some sort of “authority” or “official” or “investigators”…. They are ONLY private citizens… just like you… who have done NOTHING more than obtain federal 501(c)(3) non-profit status which gives them authority to operate ONLY “tax free”!!  Their “non-profit” status does NOT give them any legal authority whatsoever… IF the people do NOT stand up and direct these “officials” to stop letting groups like the SPCA terrorize the citizens with their “self appointed authority”…you will be next…  This is very serious, and must be given your full attention!!
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Nowhere in our Constitution does it give the authority for our government officials or our neighbors to play God and bestow rights to animals and then use the rights they unconstitutionally awarded to animals as an excuse to deprive their rural American neighbors of our Constitutional rights to life, liberty and pursuit of happiness and make raids and arrests that create a danger to and destroy American Citizens lives using the excuse of defending animals. Every raid and arrest by Law Enforcement creates situations where people may be hurt, crippled and even killed to force that person into compliance with the issue the law is meant to address. When did the duty of our government become to possibly kill American citizens using the excuse of defending animals?

Do NOT compromise away our constitutional rights to the animal rights extremists of the HSUS/PETA, ASPCA or to the government; there is NO reason for any livestock producer to discuss animal care/welfare with these organizations. Animals do NOT take precedence equal to and/or above our constitutional rights (human lives).

Any raids and arrests resulting from illegal raids to enforce this illegal law and/or any animal welfare laws are absolutely in violation of the Constitution, the Animal Enterprise Terrorism (AETA) Act and the Federal Racketeering Influenced Corrupt Organizations (RICO) Act.

The summary of the court rulings below prove that Texas Animal Cruelty law is unconstitutional:

{CASE} Louisville Kennel Club versus Jefferson County Metro: Federal Court ruling = “animals are property” and the government cannot seize the property (animals) of the owner and force them to pay a caretakers fee and/or kill them because they must be able to return the property in the same condition as they seized it if the accused is found “not guilty”.

{CASE} Cuyahoga Falls versus Buckeye Community Hope Foundation: US Supreme Court ruling = “the right of ownership of property includes the inherent right to use ones property”. You use your livestock by harvesting your livestock and various species of livestock have different methods of “harvest”. Gamecocks have been harvested by allowing them to fight for more than 3,000 years.

{CASE} US versus Robert M. Langford: Federal Court ruling = declares “cockfighting is a victimless crime”. If there is NO VICTIM and no PROBABLE VICTIM then why is this livestock (gamecock harvest) industry illegal? – “Moral disapproval” based on animal rights extremist UN Agenda 21 sponsored propaganda and subjective opinions.

{CASE} Sherar v. Cullen: US Supreme Court ruling = “For a crime to exist, there must be an injured party. There can be no sanction or penalty imposed upon one because of this exercise of Constitutional rights.”

{CASE} Kristin M. Perry/San Francisco versus CA Governor Arnold Schwarzenegger: Federal Court ruling = “moral disapproval is not an adequate basis to deprive men and women of their constitutional rights.”

{CASE} FW/PBS v. DALLAS: US Supreme Court ruling = the government must PROVE a “significant governmental interest” in infringing on constitutional rights and even if there is found a significant interest to infringe on the rights of the person, the government will do so in the least intrusive manner.

{CASE} Yick Wo vs. Hopkins, Sheriff, US Supreme Court ruling: “Sovereignty itself is, of course, not subject to the law, for it is the author and source of law, but in our system, while sovereign powers are delegated to the agencies of government, sovereignty itself remains with the people, by whom and for whom all government exists and acts.” – “For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself.” Which means = “the government cannot deprive a group of their (means of earning a living) industry that has a long standing history of existence. Can you enforce the equivalent of the cockfighting law on other livestock industries “making it illegal for gamecock farmers to own, possess and harvest their livestock, earn a living and provide for their families?”

{CASE} Frost v. Railroad Comm. 271 U.S. 583 (1926)“The state has no authority to unreasonably burden the exercise of fundamental rights such that the burden compels the relinquishment of such rights in exchange for privileges.”

{CASE} Miller v. United States, 230 F.2d 486 (5th Cir. 1956): “The claim and exercise of a fundamental right cannot be converted into a crime.” I either have the God given constitutionally protected fundamental right to own, possess and harvest my livestock (gamecocks) by the same method of harvest that George Washington harvested his gamecocks which is allowing them to fight or there is no Constitution because the government officials are destroying the Constitution using the excuse that the government’s duty is to defend chickens. This is the foundational effort of the UN Agenda 21 plan to put nature, animals, fish and fowl above human lives and any government official or private individual that is supporting the UN Agenda 21 plan is committing an act of treason.

{CASE} Southern Pac. Transportation Co. v. Public Utilities Com., Supreme Court of California]: “Obviously, administrative agencies, like police officers must obey the Constitution and may not deprive persons of constitutional rights.”

{CASE} Miranda v. Arizona, 384 US 436. : “Where rights secured by the Constitution are involved, there can be no legislation, or rule-making which would abrogate them.”

Now the above cases prove that the cockfighting laws are unconstitutional and therefore the laws are “illegal” and that means every act to enforce those illegal laws are in fact an illegal act by the government. Since I also put the legal information on a USB device which you carry in your pocket and when you are arrested everything you have in your possession becomes evidence then the DAs’ under the full disclosure laws are required to bring forward all evidence that they are aware of that proves your innocence. Since the cockfighting laws are unconstitutional and illegal then cockfighting is not a crime, so how can the DA prosecute you when they have to present your constitutionally grounded legal defense for you. If the DA does try to prosecute you then the DA is suppressing evidence “withholding = tampering with evidence and the DA is violating the RICO Act and faces prison time.

{CASE} US vs. Moylan: “If the jury feels the law is unjust, we recognize the undisputed power of the jury to acquit, even if its verdict is contrary to the law as given by a judge, and contrary to the evidence … and the courts must abide by that decision.”

{CASE} Marbury vs. Madison: “All laws which are repugnant to the Constitution are null and void.”

{CASE} Miranda vs. Arizona: “Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them.” MIRANDA v. ARIZONA, 384 U.S. 436 (1966)

{CASE} Chisholm vs. State of Georgia: “…at the Revolution, the sovereignty devolved on the people; and they are truly the sovereigns of the country, but they are sovereigns without subjects…with none to govern but themselves; the citizens of America are equal as fellow citizens, and as joint tenants in the sovereignty.”

{CASE} Norton vs. Shelby County: “An unconstitutional act is not law; it confers no rights; it imposes no duties; affords no protection; it creates no office; it is in legal contemplation, as inoperative as though it had never been passed.”

{CASE} Riley vs. Carter, 165 Okal. 262; 25 P. 2d 666; 79 ALR 1018: “Economic necessity cannot justify a disregard of cardinal constitutional guarantee.”

{CASE} State vs. Sutton: “When any court violates the clean and unambiguous language of the Constitution, a fraud is perpetrated and no one is bound to obey it.” (See 16 Am. Jur. 2d 177, 178)

{CASE}American Constitutional Law Foundation Inc. v Meyer: citing Citizens Against Rent Control v City of Berkeley, 434 U.S. 290,295(1981): “The voters may no more violate the United States Constitution by enacting a ballot issue than the general assembly may by enacting legislation.”

{CASE} Robin vs. Hardaway: “All acts of the legislature apparently contrary to natural rights and justice are, in our law and must be in the nature of things, considered void … We are in conscience bound to disobey.”

{CASE} People v. Ortiz, and Conway v. Pasadena Humane Society: “A statute does not trump the Constitution.”

{CASE} Colorado Anti-Discrimination Commission v. Case,380 P.2d 34,39-40 151 Colo. 235, 245 (Colo. 1962): “The individual, and not the State, is the source and basis of our social compact and that sovereignty now resides and has always resided in the individual. Everyone of the people of the United States owns a residue of individual rights and liberties which have never been, and which are never to be surrendered to the State, but which are still to be recognized, protected and secured. Individual liberty and rights are inherent, and such rights are not derived from the Constitution, but belong to the individual by natural endowment.”

{CASE} City of Dallas et al. v. Mitchell, 245 S.W . 944, 945-46 (Tex-1922): “The rights of the individual are not derived from governmental agencies, either municipal, state, or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people’s rights are not derived from the government, but the government’s authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and preserved rights, it is the duty of the courts to so declare, and to afford the necessary relief.

{CASE} Frantz v. Autry, 18 Okl. 561, 91 P. 203:“Among the principles of the Declaration of Independence thus to be inviolate are these timeless, treasured, ineradicable truths: that men ‘are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness.” “That to secure these rights, governments are instituted among men,’ and so forth.” “These limitations and restrictions, when ratified by the people, become a part of the fundamental law of the state.”

We know left wing socialist/communist supporters are trying to take prayer out of our schools and remove all images of God from American history and our children’s lives. Because they are trying to destroy our understanding of “unalienable rights” and where our unalienable rights to life, liberty and pursuit of happiness actually generate from which is God because the fact that our rights are derived from a higher authority (God) that places our rights beyond our government’s authority to take from us and their global socialist/communist government agenda fails with that knowledge widespread among the American population.

Our Judges, our Sheriffs and our legislators have the power, the authority and the sworn duty to uphold their oath to the Constitution and stand against this agenda and stop it if they have the courage. In truth, pray that our elected leaders find their integrity and honor and have enough courage to stop supporting this illegal violation of our rights and start upholding their oath to “support and defend the Constitution” before any more American animal owners are criminalized by unconstitutional law, or  is killed by “officials” using the pretense of protecting animals.  As shown above… it is NOT the duty, responsibility, or obligation of government officials to “protect” or “defend” animals…  It is their SWORN duty to protect OUR GOD GIVEN rights from infringement BY the Government… IF they can mess with your right to own and keep animals… they can then mess with all your other rights… and then YOUR FREEDOM!!!

The animal welfare laws are the same thing that Adolf Hitler used in the early days of Nazi Germany to destroy property rights and justify subjugating people over animals. This led to putting animals above human lives and ultimately led to the justification of euthanizing the Jewish people (minority) because the population was brain-washed into believing that the Jews were sub-human and/or backward and their rights and their lives were worth less than other races and classes of people.

Our government’s duty is to protect and defend our Constitution and to ensure the infrastructure that allows people to be successful, build businesses, and to earn a living and provide for their families. There absolutely are Americans that enjoy the sport surrounding the gamecock harvest industry and our local farmers and ranchers are being.   Our farmers/ranchers have the God-given constitutionally protected right to own, possess and harvest their livestock to earn a living and provide for their families.  Don’t let these “officials” gain more foothold into destroying our rights by using Lori as the scapegoat… These officials have NO legal authority, yet they act as though they have all the authority in the world.  The above “case law” shows much different…  Stand up for Lori, NOW…

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Other links concerning this case:

https://topcatsroar.wordpress.com/2013/06/14/spoiler-alert-illegal-warrant-less-unconstitutional-animal-seizure-in-rains-county-texas/

https://topcatsroar.wordpress.com/2013/06/23/sad-day-in-hell-update-illegal-warrant-less-unconstitutional-animal-seizure-in-rains-county-texas/

Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…Stay tuned  -B
Side note from another source:
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~ by topcatsroar on June 24, 2013.

10 Responses to “There’s MORE…Sad Day in Hell-UPDATE…ILLEGAL WARRANT-LESS UNCONSTITUTIONAL ANIMAL SEIZURE IN RAINS COUNTY, TEXAS”

  1. Holy KoolAid, Batman, this has got to be stopped!

    It amazes me that Texas residents are so blind to this, but hey, they’re blind in Oregon, too. We have nothing left in Oregon to protect our animals *except* that in Oregon, too, animals are defined as *property*. That’s all that stands between us and veganism in this state.

    The bottom line is, you can’t protect them at all, unless they *are* your property.

    Way past time to get real serious, folks.

  2. […] https://topcatsroar.wordpress.com/2013/06/24/theres-more-sad-day-in-hell-updateillegal-warrant-less-u… […]

  3. […] https://topcatsroar.wordpress.com/2013/06/24/theres-more-sad-day-in-hell-updateillegal-warrant-less-u… […]

  4. […] go here and follow the links provided the a Rains County case of the SPCA of Texas KILLING SPREE: https://topcatsroar.wordpress.com/2013/06/24/theres-more-sad-day-in-hell-updateillegal-warrant-less-u… The very same SPCA of Texas…Several counties in Texas are already being sued following […]

  5. […] go here and follow the links provided the a Rains County case of the SPCA of Texas KILLING SPREE: https://topcatsroar.wordpress.com/2013/06/24/theres-more-sad-day-in-hell-updateillegal-warrant-less-u… The very same SPCA of Texas…Several counties in Texas are already being sued following […]

  6. Doesn’t surprise me at all!! There us so much corruption in this country, especially when it comes to animal welfare. It’s sickening, I honesty have no words excepted disgusted at the whole da-m corrupt good old boys system. People research who u vote for, orherwise nothing will ever change!!

    • Whenever you see the raids such as this one; if nearby, go to the hearing!!! Judges do notice. You can also call the DA and express your opinion of he’s spending your taxpayer money at a time when money is important for REAL crime…frankly, it’s actually unconstitutional for law enforcement to take a single animal because TX Health and Safety Code 821 is a civil matter. They can not award anyone YOUR property unless there is a conviction. This is not what is being done in these very questionable cases…one right after the other and then they use them as fundraisers and post their crap everywhere as if they were some sort of hero while breaking the law themselves and destroying the community.

      • The JP for rains is also a liar. He lied to my friends mother saying he would do her marriage to her partner of 12 years, and that it would cost them $50. They went and spent the $82 dollars for a marriage license and went to schedule a day, but his Secratary told them he wouldn’t marry them and have them a number for a judge that is charging gay couples $25 more then the normal $50 they were told. I really hate hearing how much hell they have been through since moving to that horrid county.

      • Good grief!!! That should be reported to the Texas Attorney Generals office-I know…all of Texas is corrupt however, that is totally unfair. Certainly report it to the media if nothing else…

  7. […] https://topcatsroar.wordpress.com/2013/06/24/theres-more-sad-day-in-hell-updateillegal-warrant-less-… […]

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