message from TX-RPOA~San Antonio retains title “Most Anti-Pet Texas City”

>From Responsible Pet Owners Alliance Texas Outreach
Crossposting is encouraged.
February 14, 2014

The San Antonio Express-News has kept the unusual case of “Buddy,” the
beloved pet of an elderly 82-year-old pet owner, in the news for the past
three months. Due to media uproar and Mayor Julian Castro’s intervention,
Attorney Michelle Maloney succeeded upon appeal in getting Buddy’s Dangerous
Dog Designation removed by court order. However Buddy must still meet
certain requirements, such as being muzzled on leash, $100,000 Liability
Insurance, etc. But Buddy is NOT a dangerous dog and never was!
To refresh your memory, Buddy was leashed and approached by a 9-year-old
girl screaming in his face, causing him to jump up on her, scratched her
face which required multiple stitches.
Animal Care Services immediately gave Buddy a death sentence which baffled
everyone due to irregularities with existing local and state laws. RPOA has
been puzzled and can’t get the answers. Who filed the original affidavit
for the case? Buddy’s case gives San Antonio another blackeye as the most
anti-pet city in Texas.
We’ll be adding other Texas cities as time permits. How about your city?
Waco has already been added. GO, BUDDY!
San Antonio Express-News
by Mary Beth Duerler
“Questions Remain In Buddy Sage”

SAN ANTONIO – There are no winners in the “Buddy” saga of the past three

It ended with the recent court order, but questions remain. Why was Animal
Care Services so determined to kill Buddy? Why wasn’t Buddy charged under
San Antonio’s Dangerous Dog Ordinance, which would have allowed Buddy to go
home immediately with restrictions similar to those agreed upon in the final
court order?

This emotional roller coaster could have been avoided. The city refused to
allow an evaluation of Buddy by a certified dog behavior consultant, which
should be written in all laws regarding animal behavior.

The court case was not filed as a dangerous dog case under city or state
law, but as a serious bodily injury case under state law. Why does ACS even
have a dangerous dog ordinance?

The little girl’s father said he never asked the city to euthanize Buddy. He
did not file an affidavit with ACS to initiate its unusual actions, and
we’ve been unable to determine who did.

Buddy’s elderly owner has suffered emotionally as Buddy was his constant
companion – a buddy in more ways than one.

And we mustn’t forget the 9-year-old girl who also suffered from this
lengthy ordeal with facial scars remaining from the scratches. Let’s hope
she’s not scarred for life with an irrational fear of dogs, because pet
ownership is therapeutic, a living, breathing prescription for what often
ails us!

Mary Beth Duerler is executive director of the Responsible Pet Owners
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HA! Mary Beth-I think I can top Buddy’s case!!!

How about anti-pet county…

How about a justice court hearing of a class A misdemeanor NOT TX H&S Code 821…and the 42.09 LAW is completely different than how a STATUE is ruled on…one being a criminal offense and the other being civil…How about seizing the animals as 42.092 of the Texas Penal Code that has no directive for action to be taken which was on the warrant NOT TX H&S Code 821.022-.023 …

The case was written on a justice court docket and assigned a CR (criminal) number…It only took 4 years to get to the bottom of the conspiracy… ‘report to court for a class A misdemeanor’ the following day after being jailed for a full week…WITH court appointed attorneys…Just imagine it…

**The justice court in the state of Texas is NOT allowed to hear class A misdemeanors (!!!)

BUT the judge made the ruling and even the judgment lacks what he was ruling on…

Furthermore, if the ruling was for confinement (USDA approved transport cages used to travel to the county then it would stand to reason that there was no reason to destroy a single animal, let alone for an animal to die while receiving the ‘best of care’ at a VET office-right-WRONG-HELLO!!! There was no reason for 67 animals to die during the process, 1/3 was euthanized the following day. with no medical testing and no permission from the judge-Oh I forgot-the district attorney sad it would be OK-NOT!!!

Considering the judgment which, by the way in both the docket and the letter from the justice court lacks which statute and/or law that he is ruling on yet the docket and the letter received from the justice court continues to display the CR case number. (Justice Court being a court of no record, all you can go by are the documents, the evidence would move on appeal to the higher court!!!)

The case was appealed where suddenly the case it became a civil matter-WHAT??? But there was no explanation as to WHY it was suddenly a civil case…A quick guess led to TX H&S Code 821.022-.023…The court appointed attorneys dropped their clients stating it was civil and not criminal-WHAT?!? It most certainly was criminal-Furthermore where the case was appealed, and by SPECIFIC GOVERNMENT CODE the higher court can NOT hear a civil case  or make a civil ruling (one of three counties in the state of Texas that the county court has no civil jurisdiction!!! IMAGINE THAT!!!)

Are you with me so far?!? Are we in the running?!?

132 animals awarded to the Humanic only by then it was no longer 132 animals!!! -from the lowest court in the state of Texas that had no jurisdiction of a CRIMINAL CASE …to the county court that had no civil jurisdiction-but it did happen!!! The CONSPIRACY continued as each of the players of this mascaraed continued with their ‘comedy of ERRORS’ and not one of the participants of this outrageous scheme realizes that we figured it out including how to provide a complete explanation to the court of appeals and exposes it for what it really was- A LIE from start to finish and I haven’t even addressed the warrant-less searches on private farm property.

The destruction of lives including the lives of half of the animals, some of which had a hold order in place from the state of Texas…without testing; they were NOT to be euthanized. No test was ever made on a single animal that they killed viciously and brutally of course in the name of rescue-BULLSHIT!!!

Yes, this happened in one of the smallest TEXAS  Counties…this the MOST ANTI-ANIMAL COUNTY in Texas. Like I have said before…Texas is already an animal rights state, no one knows it-Exposing this case proves it!!! Texas Health and Safety code is illegal and constitutional as written and applied.

Furthermore, after this occurred the legislature allowed the addition of 821.026, so that this statute over rules all other statutes and laws…TX H&S Code 821 et seq ‘GOES WILD’ -It does nothing to address the issue of animal cruelty as it is lacking a directive other that 821.026 so that there is no reference for enforcement to go by for the execution of the statute…I think I win!!!

So what I the prize?!? So far it has been grief and aggravation…living in fear of my life…business destroyed…animals gone…

Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…Stay tuned  -B


~ by topcatsroar on February 16, 2014.

One Response to “message from TX-RPOA~San Antonio retains title “Most Anti-Pet Texas City””

  1. Hey Mary Beth- I left out a very critical part of it…

    The most serious violation of all-DENIED TRIAL BY JURY-Texas Health and Safety Code 821 et seq ONLY allows for 10 days for an appeal…(no matter that the justice court went beyond 10 days-but wait!!!-that was a criminal hearing…Keep in mind, the case changed to CV in a court with no civil jurisdiction…The judge conveniently denied the fundamental right to a trial by jury…said there wasn’t enough time to form a jury…

    TX H&S Code only allows for 10 days…No jury for either trial…for a criminal hearing that became a civil matter…The judge agreed-NO TRIAL BY JURY with no concern-He was finally getting his day to rule on a civil trial-Don’t take the fun away…this county judge has even more fun with this…He ignored the brief and the other motions that were filed…RUN AWAY JUSTICE for laws and statutes to be at the whim of discretion in a court that had none…YEEHAW!!!

    Texas Rules for Civil Procedure allows a district attorney/ANY attorney to pick and choose including your right…the FUNDAMENTAL RIGHT to a JURY TRIAL…

    I guess they didn’t have enough COUSINS for that jury…

    So Kozlowski (WBCR) the convicted felon/con man is responsible for the destruction of the lives of so many animals when he made that call and had his COUSIN chime in to back him up so he could steal the youngest and most valuable of the big cats-He called-imagine that!!! -Just days before the appeal to sat how he hoped I would win and get the rest of the animals back when he knew this was the most corrupt county in Texas…No one can win…He knew they would use the rules to suit the need for whatever occasion might come up-after all, they already has so he made out just fine with his part of the scheme-all the way in Wisconsin-Smiling, laughing, giggling because he there was more to his plan-He posted on the website for his FAKE NFP begging for donations for his facility…What did it matter to him or anyone…

    No one figured on anyone finding out that the courts in the county broke so many laws. The Kangaroo Courts for animals that should never have been seized but if they hadn’t lied to get their ILLEGAL GENERAL WARRANT, then they could not have done it in the first place…

    Just WHO is the bigger scam artist…Kozlowski/the District Attorney/the Judges?!?

    How many cousins does it take anyway!?! Apparently they didn’t have enough…or no problem let them have a jury…

    I can’t help but wonder about the treatment the rest of the community is/has been receiving with that justice system…A community that pays their salaries with their hard earned tax money!!! -B

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