Few animal cruelty cases result in criminal convictions
Few animal cruelty cases result in criminal convictions
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SIGNS YOUR DOG SUFFERS FROM HEAT:
Vomiting and drooling.
Excessive panting.
Gum and tongue color turn brick red.
"If you see those symptoms, soak them in cool water and call a veterinarian," said Dr. John Beck.
When Carole Luster spotted a neighborhood dog chained outside in this heat, she planted a sign in her driveway.
"Poor hot puppy," the sign read. A red arrow pointed toward the animal's location.
Luster is a self-proclaimed animal lover who said she worries dogs will suffer or die this summer amid record heat. July was the hottest in Victoria's history. Highs averaged 100 degrees.
With few prospects for a lull in the heat, what can you do to protect your dogs?
Dr. John Beck, a local veterinarian, said dogs risk deadly overheating when outside temperatures rise as they have. He divided dogs into two categories: Those accustomed to living outdoors and those raised in air conditioning.
Outside dogs, he said, need plenty of fresh, shaded water and protection from the sun. Doghouses, which can heat to unhealthy levels, don't suffice.
"I don't want them tied to a tree," he said. Chains and ropes can strangle dogs or twist in ways that keep them from shade and water.
For dogs that spend most time inside, owners must monitor pets when they venture outside to play, Beck said.
"Limit their outside activity until late afternoon. If they are out chasing an animal or a ball, they can overheat very fast," he said.
Dogs with thick or dark coats, or scrunched faces, are more susceptible to heatstroke than other breeds. Dogs rely on panting to cool, and breeds such as bulldogs and pugs have smaller airways.
"In this heat, a dog's temperature can reach over 107 degrees, cause brain damage, organ failure and death," Beck said. "It's unacceptable to leave an animal in a hot car without the engine and air conditioning running."
A New Orleans police dog left unattended in a car last month died from shock linked to heat stroke, the Times-Picayune reported. The dog tore the car's interior in a desperate attempt to get out. Its body temperature reached 110 degrees.
If compassion doesn't motivate you to properly care for your pets, maybe legal action will.
Pet owners who abuse or neglect dogs face misdemeanor charges; they face a state jail felony if previously convicted twice.
Victoria Animal Control officers receive a great many calls about pet owners who withhold food and water from animals, said Dr. Bain Cate, public health director.
Officers can warn pet owners and then pass cases to higher authorities if problems persist after 24 hours. Serious abuse cases progress faster.
"We do not investigate neglect or cruelty of animal cases, but refer them to the Victoria County Sheriff's office," Cate said.
Within the last year, seven misdemeanor animal abuse or neglect cases were presented for prosecution, according to the Victoria County District Attorney's Office. Of those, two cases were accepted, four were declined and one is under review.
A local man is charged with failing to provide food to a German shepherd, county clerk's records show. Police found the dog extremely thin and with its feet swollen. Animal control took the dog.
No one was convicted of animal abuse last year, the clerk's office reports.
Declined animal abuse cases lack the evidence, such as damning witness testimony and other notable deficiencies, needed to prosecute, said District Attorney Steve Tyler.
"Dogs cannot testify under oath," Tyler said. "The bottom line is this requires more evidence and investigation than typical cases of crimes against persons. With limited resources, I would expect that human victims receive priority allocation of limited investigative resources."
Texas House Bill 1411, passed in 2007, made it illegal during a heat advisory to restrain dogs outside if the restraint unreasonably limits a dog's ability to reach shade and water.
"There's not that many cited for that - not as many as probably should be," said Beck, who is also a Victoria City-County Board of Health adviser.
Luster, the woman whose sign read "Poor hot puppy," said she has good reason to caution pet owners. Not long ago, she learned about a dog chained to a tree with a bucket of water nearby. The chain was too short, she said, and the dog died of dehydration when it couldn't reach the water.
"You can tell the little things are suffering this year," Luster said. "It's so hot down here this year, and it's so sad. Maybe my sign will nudge people to do the right thing."
To suggest an item for the "Watchdog" column, contact Public Service Editor Gabe Semenza at gsemenza@vicad.com or at 361-580-6519. No topic is off-limits.
Comments
I was trying to hold my tounge on this but I just can't seem to. I really thought someone else would chime in before me.
Really Tyler???? "Dogs cannot testify under oath," Tyler said.
I just laughed when I read that line! That is material for the rest of the week!
How about murder victim's? They can't tesitify either. How about infant children that have been victim's of a sex crime? They can't testify.
I know, I know...I guess medical examiners and pediatrician's could testify as to their findings huh? Well couldnt a vetrinarian testify in the same?
Just curious??
Ha, "dogs cant testify".....HILARIOUS!
August 13, 2009 at 6:17 p.m.VictoriaConcernedCitizen: The information that I blogged is a lot more than what was in the story. Because of its length, I boiled the DA's response down to the following three paragraphs, which I feel sum the essence of what he said:
======
Within the last year, seven misdemeanor animal abuse or neglect cases were presented for prosecution, according to the Victoria County District Attorney's Office. Of those, two cases were accepted, four were declined and one is under review.
Declined animal abuse cases lack the evidence, such as damning witness testimony and other notable deficiencies, needed to prosecute, said District Attorney Steve Tyler.
"Dogs cannot testify under oath," Tyler said. "The bottom line is this requires more evidence and investigation than typical cases of crimes against persons. With limited resources, I would expect that human victims receive priority allocation of limited investigative resources."
====
Thanks -- Gabe
August 13, 2009 at 10:06 a.m.This Poor Hot Puppy was reported to the Victoria Animal shelter dept.
An officer of the dept. named Jose came out,
took a look and told me that he would make contact
with the puppy's owner, to inform them to make
improvements in the situation.
He said that they give the owner an opportunity to correct the situation and then take
another inspection.
I reported this the mid part of this past week, about 6 days ago approximately.
There has at least been a bit of water in a bucket, but a cheap black plastic tarp is not really any protection from this record breaking heat wave!!
also, the sun's position gets past the tarp and onto the poor hot puppy much of the day.
This will not go away, there are too many
concerned citizens now really starting to step foward
to help these animals.
There is a saying "God Helps those who help themselves" but pets constrained by insidious
ways must have help!
Everyone, don't lay this down, keep being vigilant and REPORT REPORT REPORT any animal abuse
you might witness!
The squeeking cogs of justice need oiling, with
public participation!!
August 12, 2009 at 9:42 p.m.Gabe,
August 12, 2009 at 2:59 p.m.That information you just blogged seems to be a little more than what was in your article. It seems to be "the rest of the story". Now my question is when were these crimes reported to law enforcement and to what department? From your information I summize that law enforcement did not thoroughly do "the job"?
VictoriaConcernedCitizen: Before suggesting we don't check our facts, you or anyone else can always ask us where we receive information, or for us to share it in a transparent way.
HERE'S THE FULL EXTENT OF WHAT THE DA'S OFFICE SENT TO ME, FOR EXAMPLE:
My research shows the following misdemeanor cruelty to animal charges presented within the last year:
Misdemeanor animal cruelty
Declined
02/26/09
Misdemeanor animal cruelty
Accepted
03/23/09
Misdemeanor animal cruelty
Declined
07/20/09
Misdemeanor animal cruelty
Declined
07/20/09
Misdemeanor animal cruelty
Being reviewed
07/22/09
Misdemeanor animal cruelty
Accepted
08/04/09
Misdemeanor animal cruelty
Declined
08/05/09
Generally the declined cases have the following deficiencies: witness(es) gave exculpatory statements, evidence failed to establish by a preponderance of evidence the time, source, manner & means of the animal’s condition, if there was any evidence concerning the animal’s condition there was inadequate evidence to establish criminal causation as defined by PC § 6.04 linked to an individual, evidence fails to establish requisite criminal culpable mental state beyond a reasonable doubt, and lack of independent or expert analysis of animal’s condition (decline/recovery).
Some cases document suspicious signs of mistreatment but were inconclusive. Dogs can not testify under oath; do not give statements for purpose of veterinary treatment; and do not provide discernable outcry, excited utterances, or statements of present sense impressions. We therefore need witness statements establishing how, when and who caused the injury to the exclusion of innocent causation.
The bottom line is this requires more evidence and investigation than typical cases of crimes against persons. With limited resources I would expect that human victims receive priority allocation of limited investigative resources.
If you'd like to read the county clerk's office report, which I reported from, I'm happy to meet you at that office and show you first hand
If you'd like to read the full e-mail Dr. Bain Cate sent to me, I'm happy to share that, too. It's lengthy, so I haven't included it now
Thanks for your input -- Gabe Semenza, Advocate public service editor
August 12, 2009 at 2:52 p.m.So many concerned citizens,over animals!! Some of these same user names are the ones who talk bad about the humans who died in the back of a tractor trailer.sad ,sad,sad.
August 12, 2009 at 2:37 p.m.I'm sure that this "article" tells the whole story....just like all of the others in this paper. People, check facts on your own and don't rely on this "paper" to do it, as they have never checked facts before!
August 12, 2009 at 1:22 p.m.I think we should treat the people like they treat the animals.Don't want to feed them, you don't get fed, no water..you don't get any...and so on. Sounds fair to me.
August 12, 2009 at 11:32 a.m.Edith Ann,
August 11, 2009 at 10:09 p.m.Wonderful idea! How about it Steve Tyler?
Thanks Gabe for the article! Thanks good people of Victoria for caring about the little ones! Where do we go from here? Let's not let it slide.....
August 11, 2009 at 7:34 p.m.