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The "Save Buddy" Legal Fund

$6,162raised of $5,000 goal
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Organizer: Advocates for San Antonio Pets (ASAP) Beneficiary: Buddy, the Golden Retriever mix

83 yr old man in legal battle to save the life of his beloved 6 yr "Buddy". Funds needed to pay mounting boarding fees at ACS and for legal expenses. Due process has been a casualty in Buddy's hearing

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A 6-year-old Golden Retriever mix named Buddy has been unjustly sentenced to death by Judge Daniel Guerrero of Municipal Court No. 4 despite a complete lack of evidence that he caused “serious” injuries” (as required by law). The dog, who is the constant loyal companion of an 83-year-old man, has no history of aggression and is known and loved by many as a sweet, well-trained dog.

Both Buddy’s owner and the 9-year-old alleged victim’s mother were within 2-3 feet of the girl and Buddy – yet BOTH testified at the hearing that they did not actually see Buddy bite the girl. Although the evidence at the hearing showed that Buddy may have jumped up and scratched a 9-year-old girl (whose mother was not preventing her from yelling in Buddy’s face), her injuries could not be shown to be serious or permanent. The law requires serious ripping and tearing of muscle to allow the judge to euthanize a dog. However, Judge Guerrero refused to allow Buddy’s owners to have the victim’s “injuries” examined by an independent medical examiner, refused to allow a dog behavior assessment and dog bite analysis to be done, and refused to allow for a jury trial.

While we feel for the girl, she has made a full recovery. Even her father admitted on the evening news that she had made a full physical recovery only a month after the incident. Buddy should not have to pay for this with his life.

Buddy’s attorney, Michelle Maloney, has obtained a Temporary Restraining Order giving Buddy a stay of execution pending exhaustion of all appellate remedies. In the meantime,  boarding fees of $30/day are mounting up at San Antonio’s Animal Care Services as Buddy has been held there since Nov 1, 2013 (and not allowed visitation by his family). Legal expenses are also accruing.

Please also sign the petition to District Court Judge Tina Torres, City Attorney Robbie Greenblum, and Mayor Castro to STOP THIS INJUSTICE!
http://www.thepetitionsite.com/994/190/295/san-antonio-dont-execute-buddy-the-dog-he-only-has-3-days-hurry/

If you can help Buddy obtain justice and also help his family continue their fight to keep Buddy alive, please make a donation however large or small.

(Unless otherwise instructed by the donor, should donations exceed actual costs, any excess will be used for the next dog in need of justice.)

Buddy and his family thank you!

Media coverage of Buddy's hearing on Nov 18, 2013:

http://www.expressnews.com/news/news_columnists/gilbert_garcia/article/Due-process-a-casualty-in-Buddy-the-Dog-hearing-5059999.php?t=265719191c510e9f4a

http://news4sanantonio.com/news/features/top-stories/stories/buddy-dog-gets-14-day-stay-execution-6498.shtml

Contact the Organizer
Updates

Updates

01/25/2014
by Advocates for San Antonio Pets (ASAP)
http://www.kens5.com/news/City-of-San-Antonio-releases-Buddy-the-Dog-to-his-owners-241974571.html

City of San Antonio releases 'Buddy the Dog' to his owners

<img class="photo" title="City of San Antonio releases 'Buddy the Dog' to his owners" src="http://media.kens5.com/images/470*261/2014125BUDDYowner.jpg" alt="City of San Antonio releases 'Buddy the Dog' to his owners" width="470" height="261" border="0">

Credit: Buddy's owners

by Andrew Delgado / KENS 5

Bio | Email | Follow: @ErandeTX

Posted on January 25, 2014 at 2:55 PM

Updated today at 8:19 PM

 

 SAN ANTONIO -- Local activists and pet lovers have something to celebrate this weekend: 'Buddy the Dog' is back in the loving arms of his owners.

Buddy was released Saturday morning from a veterinarian who had been caring for the dog since Jan. 16, when a judge ordered Buddy to be released from Animal Care Services.

The Golden-Retriever mix and his owners, Homer and Kathryn Mojica, will not return to their apartment, however -- the same apartment complex where Buddy allegedly attacked a 9-year-old girl last year. Instead, the elderly couple and their pooch are staying with someone in a private home that was approved by ACS while they search for a new residence.

Under the settlement that was reached between Buddy's owners and the city, the Mojicas must move to another home -- just one of several restrictions placed on Buddy via the agreement with the city.

Michelle Maloney, who legally represented the Mojicas, said Buddy's new address would not be disclosed to the public, in order to protect the privacy of his owners. Maloney said the couple fears retaliation and would like nothing more than to move forward.

Updated photos of Buddy are expected to be released soon.


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01/24/2014
by Advocates for San Antonio Pets (ASAP)
http://www.mysanantonio.com/news/local/article/Buddy-the-Dog-free-to-reunite-with-owner-5173534.php

Buddy the Dog free to reunite with owner

By Vincent T. Davis, San Antonio Express-News : January 24, 2014

SAN ANTONIO — Buddy the Dog's long wait to be reunited with his owner is just about over.

About 6:30 p.m. Friday, Animal Care Services spokeswoman Lisa Norwood said the agency completed an inspection of the dog owner's new home and it successfully met all of the requirements of the agreement to release the 6-year-old golden retriever mix.

Buddy and Homer Mojica, his 83-year-old owner, have been apart since early November, when Judge Daniel Guerrero ordered the dog's euthanization for attacking a 9-year-old girl at a Northwest Side apartment complex in November.

Mojica said the dog was startled by the little girl when she screamed at him. But the girls' parents say the attack was unprovoked and required stitches and surgery to her face.

Last week, after weeks of negotiations between Mojica's attorney, Michelle Maloney, and city officials, the city agreed to release Buddy to the custody of Mojica's veterinarian until the last details of his release were finalized.

ACS is not releasing the new location to where the canine will be released.

“The terms of the settlement necessary for the release of Buddy were successfully abided by,” Norwood said.

But it was unclear Friday night if Buddy and his owner had already been reunited.

“It is our understanding they have free access to Buddy,” Norwood said.

The saga of Buddy the Dog comes to a close after days of supporters questioning why the canine hadn't already been released to his owner.

While negotiations were underway, more than 6,000 people signed an online petition for the dog's release. Supporters held a “Send Buddy Home,” rally Saturday at Alamo Plaza, seeking a change to the state law of “serious bodily injury,” and language, which allows dogs to be euthanized if they cause an injury resulting in severe bite wounds or severe ripping and tearing of muscle.

The girl's parents said their daughter suffered a torn eye duct, a gash on her cheek and a cut on the corner of her lip. They said she received 100 stitches to her cuts and a tear duct had to be mended during an hour and a half surgery.

As Mojica's attorney and city officials worked on the agreement, Mayor Julián Castro said “he believed an agreement could be reached that would allow Buddy to live.”

Even after the city backed down on their plans to euthanize them, it's taken almost a week to actually release him.

In an email on Thursday, animal activist John Bachman said ACS has been reminded of a paragraph that states the city agreed to release Buddy upon signature of the agreement.

“It seems apparent that the city, at least Animal Care Services and the city attorney's office cannot be relied on to act in good faith in this matter,” Bachman said. “This is not some contest and should not be treated as such.”

Norwood said they were waiting for the owner to meet the requirements of the agreement, which would address keeping the public safe from possible future incidents. Once all terms of the settlement were met, she said, ACS would release Buddy.

Norwood said the sticking point was where Buddy's owner new home would be. Supporters said management at Mojica's old apartment complex notified him that Buddy would not be allowed to return to the property.

“It's our understanding that the Mojicas' are in the process of looking to relocate, so once they do so, we'd be happy to schedule an inspection for them,” Norwood said, before Buddy's release. “We can come to their apartment, duplex or house, whatever the case may be. We want to do an inspection of the location to ensure not only that the location is secure, but to again make sure there's not going to be future events.”

Norwood said the agreement detailed several restrictions to be completed before Buddy could be released back to Mojica. Terms of the settlement for Mojica and his wife, Kathryn included: Buddy being kept in a secure enclosure when not on a leash, muzzled when outdoors and kept on a leash no longer than 6 feet when in public. As Buddy's owners, the Mojicas will have to keep liability insurance of $100,000 as long as he's their dog.

vtdavis@express-news.net


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01/17/2014
by Advocates for San Antonio Pets (ASAP)
http://www.kens5.com/news/Buddy-the-dog-to-be-returned-to-240635231.html

Buddy the dog released to veterinarian

<img class="photo" title="Buddy the dog released to veterinarian" src="http://media.kens5.com/images/470*235/011614_buddy.jpg" alt="Buddy the dog released to veterinarian" width="470" height="235" border="0">

by Kens5.com

Posted on January 16, 2014 at 4:57 PM

 

SAN ANTONIO --  Buddy the dog has been released to a veterinarian. 

The dog had been in Animal Care Services since November after a girl said the dog attacked her at a local apartment. 

A judge ruled in December the dog should be euthanized. 

Lawyers for Buddy's owners filed a temporary restraining order while an appeal on the decision is pursued. 

The dog was released to a veterinarian and the city said it will continue to discuss a possible resolution with the owner of the dog. 

The city also said the move is to ensure public safety pending an appeal by the dog's owner.


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01/17/2014
by Advocates for San Antonio Pets (ASAP)
http://www.ksat.com/news/buddy-the-dog-finds-new-home-for-appeals/-/478452/23968146/-/13bwxf0z/-/index.html

Buddy the dog finds new home during appeals

A vet will care for Buddy while owners appeal

Author: Robert Taylor, Web Editor
Published On: Jan 16 2014 05:04:25 PM CST   Updated On: Jan 16 2014 07:01:07 PM CST

Buddy the dog finds new home during appeals

SAN ANTONIO -

Buddy the dog will be in the care of a vet while his owners go through the appeals process.

The animal was saved from euthanization after the dog's owner got a restraining order.

Now, the city says the dog will remain in the care of a vet while the owners go through the appeals process.

An attorney for 83-year-old Homer Mojica announced last week that they had reached an agreement with the city that the dog would not be euthanized until all of their appeals had been exhausted.

A judge had ordered that Buddy be euthanized for biting a girl.

The Mojicas say it was just a scratch.

The city Thursday said the dog will be turned over to a vet in order to assure public safety.

  • Copyright 2014 by KSAT.com All rights reserved. This material may not be published, broadcast, rewritten or redistributed.


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01/17/2014
by Advocates for San Antonio Pets (ASAP)
http://www.mysanantonio.com/news/local/article/Buddy-the-Dog-released-5150121.php?fb_action_ids=10200415297703686&fb_action_types=og.recommends&fb_source=aggregation&fb_aggregation_id=288381481237582#src=fb

Buddy the Dog released

Vincent T. Davis, San Antonio Express-News : January 16, 2014 : Updated: January 17, 2014 12:11am

Buddy, the San Antonio dog who has become a cause celebre, has been released into the custody of his owners' veterinarian, city officials said.

The Labrador mix has been living on borrowed time ever since a judge ordered him euthanized in early November. Buddy is accused of injuring a 9-year-old girl. Animal Care Services had taken the case to municipal court, where Judge Daniel Guerrero heard evidence and ruled that the dog needed to be destroyed. But his 82-year-old owner, Homer Mojica, argued that the dog, who has no history of aggression, had been spooked by the little girl. He and he and his wife would do whatever they needed to keep the dog alive, including moving from the apartment complex. For their part, the attorney for the parents of the girl said they want to ensure that the dog doesn't injure anyone else.

Negotiations have been ongoing between Mojica's attorney Michelle Maloney and city officials all week in efforts to find a way to save the dog. Thousands have signed an online petition in support of the dog and several hundred people are expected at a rally Saturday at Alamo Plaza, with a "Free Buddy" theme. Organizers say the rally will continue as planned.

Go to ExpressNews.com for the full version of the story


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01/17/2014
by Advocates for San Antonio Pets (ASAP)
Buddy released into custody of his vet

BY VINCENT T. DAVIS STAFF WRITER
Picture

Buddy the Dog had been in an ACS kennel since early November, when Municipal Court Judge Daniel Guerrero ordered him euthanized.Courtesy photo

Buddy the Dog, who has become an international cause célèbre, is one step closer to freedom after he was released into the custody of his owners’ veterinarian Thursday afternoon.

Animal Care Services took the male Labrador mix to the unnamed veterinarian “to assure public safety, pending an appeal by the dog’s owner,” city officials said in a brief news release.

It was unclear late Thursday if Homer Mojica, Buddy’s 83-year-old owner, had seen his dog yet, and no other details were provided about the new custody arrangements. Phone calls to Mojica’s residence and attorney weren’t answered.

Buddy has been living on borrowed time in an ACS kennel since early November, when Municipal Court Judge Daniel Guerrero ordered him euthanized.

The dog is accused of injuring a 9-year-old girl during an encounter at a Northwest Side apartment complex where Mojica and the girl’s family live.

Negotiations between Mojica’s attorney Michelle Maloney and city officials have been continuing, as Maloney seeks to save Buddy’s life and the city seeks to address legal and public safety issues.

Each side has a different version of what happened.

Mojica said the dog had no history of aggression and the girl spooked him, causing him to scratch the child. The girl’s parents have said the dog bit their daughter, causing serious injury.

But the parents said Thursday evening they don’t blame the dog.

“It’s unfortunate that the dog had to go through this,” said the father, as the family spoke at length for the first time about the case. “We wish the dog’s owner would take responsibility and accountability for his actions.”

The father said that two weeks earlier, his wife and daughter had joined him at the complex, where he had moved for work. The mother said she and her daughter were about to get in their truck when the dog came up to them, his leash hanging from his collar, with Mojica following.

Mojica said he wanted to show them how the dog could “shake hands.” The mother said Mojica shook the dog’s paw and then turned to the girl.

“When he told the dog, ‘Shake her hand now,’ she moved her body slightly (and) the dog jumped and bit her,” her mother said.

Her husband added, “As far as the allegation that she provoked the dog, my daughter knows how to act around animals. We have two Labs.”

The father, who was not there when the incident occurred, said that when he entered the emergency room, the right side of his daughter’s face was covered in blood.

“I didn’t know if her eye was out of her socket,” he said, his voice breaking as he recalled that night.

The girl suffered a torn eye duct, a long gash on her cheek and a cut on the corner of her lip. She received 100 stitches to her cuts and had surgery to mend the tear duct, the parents said.

Thursday night, the child sat quietly, playing with a cell phone. When asked if she had anything to say, she said politely: “No, thank you.” Her injuries appeared to be healing but were still visible.

“It could’ve been worse,” the father said. “We’re very grateful she just sustained the injuries that she did. We just want to move on from here.”

Photos of the injuries were shown at the trial, where Guerrero ordered Buddy euthanized, sparking a firestorm of protests that have reached around the world, calling on authorities to “Free Buddy.” Even Mayor Julián Castro chimed in, saying an agreement could be reached that would allow Buddy to live.

Before Thursday’s decision to release the dog to the vet, supporters had planned a rally for noon Saturday at Alamo Plaza. Organizers say the rally will continue because Buddy’s fate has not been finalized.

Animal advocate Deanna Lee said they’re fighting to change how the city handles such cases as Buddy’s.

“Buddy is the symbol of injustice; he’s the catalyst, to say we’ve had enough,” she said. “This isn’t going to stop, we’ve got momentum going. We are trying to get the language of the state law changed, so it’s clear what the judge can and cannot do.”

In dog bite cases, a canine can be deemed dangerous, requiring a series of actions, including muzzling and keeping the animal in a kennel if it’s outside — but a “dangerous dog” is not necessarily euthanized. On the other hand, if the judge agrees that the case involves “severe bodily injury,” euthanasia can result.

There have been other cases where adults were injured and the case didn’t fall under the “severe bodily injury” category, but ACS officials said Buddy’s was pursued as such because it involved a child and the extent of the injuries.

“In this case, we certainly think it was a solid, very strong case for serious bodily injury and we took it to our prosecutors to file in court,” ACS director Kathy Davis said. “That’s what this law is all about, it’s protecting people in their neighborhood from a future event and making sure people, especially children, can walk through their neighborhood.”

Davis said in fiscal year 2013, ACS logged 4,571 bite cases. Out of those, three were filed as serious bodily injury and 20 as dangerous dogs.

During that same period, 91 dangerous dog affidavits were filed with ACS, resulting in investigations. Out of that total, 47 were deemed not dangerous. Fifteen cases were closed because at the time of the incident, the victim was in violation of a city code.

The director said ACS would rather work on proactively stopping cases from happening than cleaning them up after the fact.

“This is a tragedy where there are no winners,” Davis said. “The best we can hope for is that people watching the case will wake up, think about how they can protect their children and control their pets, so this isn’t duplicated in a social circle.” vtdavis@express-news.net

#savebuddy #freebuddythedog #sendbuddyhome

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01/17/2014
by Advocates for San Antonio Pets (ASAP)
http://tpr.org/post/buddy-dog-released-pending-appeal-euthanasia-order

Buddy The Dog Released Pending Appeal Of Euthanasia Order

Animal-rights activists say public outcry has given a dog named Buddy another reprieve. But a local group is planning to work to bring about more awareness to state law that they say is too broad.

In a case that’s come to be known as "Buddy the Dog," the Golden Retriever’s owners are seeking a permanent resolution to keep him from being euthanized.

Municipal Court Judge Daniel Guerrero in December ordered that Buddy be put down after a November incident in which the dog was accused of attacking a little girl. The child reportedly needed 100 stitches and surgery to repair her eye. But the pet’s owners hold that Buddy was provoked and that the child’s injuries were not serious.

Local animal-rights advocate Vicki Jurney-Taylor organized a rally for Saturday morning to bring more attention what she said is a rubber stamp for euthanasia.

"We shall continue our campaign to make city leaders realize that it appears that every case that goes before Judge Guerrero results in a pet being euthanized," said spokeswoman Kathy Ames.

The City said in a statement Friday said that Animal Care Services is continuing to work with all parties to resolve the case. ACS officials told TPR that there were 4,571 dog bite cases logged in 2013, but only three rose to the level of serious bodily injury.

AS for Buddy's case, attorneys for his owners got an Exparte TRO -- a temporary restraining order -- that is keeping the dog alive until appeals run through the courts.

On Thursday, Animal Care Services released Buddy to his veterinarian, but the case isn’t over yet. The family is hoping for a permanent resolution with the city that will rescind the euthanasia order.

The Texas Health and Safety Code language specifies that even a provoked dog on a leash can be euthanized if the attack is severe.

Attorney Michelle Maloney, who represents the dog’s owners, is scheduled to speak at the event to raise awareness of the state law and to start a process to get the law changed.


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01/17/2014
by Advocates for San Antonio Pets (ASAP)
Buddy released into custody of his vet

BY VINCENT T. DAVIS STAFF WRITER
Picture

Buddy the Dog had been in an ACS kennel since early November, when Municipal Court Judge Daniel Guerrero ordered him euthanized.Courtesy photo

Buddy the Dog, who has become an international cause célèbre, is one step closer to freedom after he was released into the custody of his owners’ veterinarian Thursday afternoon.

Animal Care Services took the male Labrador mix to the unnamed veterinarian “to assure public safety, pending an appeal by the dog’s owner,” city officials said in a brief news release.

It was unclear late Thursday if Homer Mojica, Buddy’s 83-year-old owner, had seen his dog yet, and no other details were provided about the new custody arrangements. Phone calls to Mojica’s residence and attorney weren’t answered.

Buddy has been living on borrowed time in an ACS kennel since early November, when Municipal Court Judge Daniel Guerrero ordered him euthanized.

The dog is accused of injuring a 9-year-old girl during an encounter at a Northwest Side apartment complex where Mojica and the girl’s family live.

Negotiations between Mojica’s attorney Michelle Maloney and city officials have been continuing, as Maloney seeks to save Buddy’s life and the city seeks to address legal and public safety issues.

Each side has a different version of what happened.

Mojica said the dog had no history of aggression and the girl spooked him, causing him to scratch the child. The girl’s parents have said the dog bit their daughter, causing serious injury.

But the parents said Thursday evening they don’t blame the dog.

“It’s unfortunate that the dog had to go through this,” said the father, as the family spoke at length for the first time about the case. “We wish the dog’s owner would take responsibility and accountability for his actions.”

The father said that two weeks earlier, his wife and daughter had joined him at the complex, where he had moved for work. The mother said she and her daughter were about to get in their truck when the dog came up to them, his leash hanging from his collar, with Mojica following.

Mojica said he wanted to show them how the dog could “shake hands.” The mother said Mojica shook the dog’s paw and then turned to the girl.

“When he told the dog, ‘Shake her hand now,’ she moved her body slightly (and) the dog jumped and bit her,” her mother said.

Her husband added, “As far as the allegation that she provoked the dog, my daughter knows how to act around animals. We have two Labs.”

The father, who was not there when the incident occurred, said that when he entered the emergency room, the right side of his daughter’s face was covered in blood.

“I didn’t know if her eye was out of her socket,” he said, his voice breaking as he recalled that night.

The girl suffered a torn eye duct, a long gash on her cheek and a cut on the corner of her lip. She received 100 stitches to her cuts and had surgery to mend the tear duct, the parents said.

Thursday night, the child sat quietly, playing with a cell phone. When asked if she had anything to say, she said politely: “No, thank you.” Her injuries appeared to be healing but were still visible.

“It could’ve been worse,” the father said. “We’re very grateful she just sustained the injuries that she did. We just want to move on from here.”

Photos of the injuries were shown at the trial, where Guerrero ordered Buddy euthanized, sparking a firestorm of protests that have reached around the world, calling on authorities to “Free Buddy.” Even Mayor Julián Castro chimed in, saying an agreement could be reached that would allow Buddy to live.

Before Thursday’s decision to release the dog to the vet, supporters had planned a rally for noon Saturday at Alamo Plaza. Organizers say the rally will continue because Buddy’s fate has not been finalized.

Animal advocate Deanna Lee said they’re fighting to change how the city handles such cases as Buddy’s.

“Buddy is the symbol of injustice; he’s the catalyst, to say we’ve had enough,” she said. “This isn’t going to stop, we’ve got momentum going. We are trying to get the language of the state law changed, so it’s clear what the judge can and cannot do.”

In dog bite cases, a canine can be deemed dangerous, requiring a series of actions, including muzzling and keeping the animal in a kennel if it’s outside — but a “dangerous dog” is not necessarily euthanized. On the other hand, if the judge agrees that the case involves “severe bodily injury,” euthanasia can result.

There have been other cases where adults were injured and the case didn’t fall under the “severe bodily injury” category, but ACS officials said Buddy’s was pursued as such because it involved a child and the extent of the injuries.

“In this case, we certainly think it was a solid, very strong case for serious bodily injury and we took it to our prosecutors to file in court,” ACS director Kathy Davis said. “That’s what this law is all about, it’s protecting people in their neighborhood from a future event and making sure people, especially children, can walk through their neighborhood.”

Davis said in fiscal year 2013, ACS logged 4,571 bite cases. Out of those, three were filed as serious bodily injury and 20 as dangerous dogs.

During that same period, 91 dangerous dog affidavits were filed with ACS, resulting in investigations. Out of that total, 47 were deemed not dangerous. Fifteen cases were closed because at the time of the incident, the victim was in violation of a city code.

The director said ACS would rather work on proactively stopping cases from happening than cleaning them up after the fact.

“This is a tragedy where there are no winners,” Davis said. “The best we can hope for is that people watching the case will wake up, think about how they can protect their children and control their pets, so this isn’t duplicated in a social circle.” vtdavis@express-news.net
<img class="img" style="left: -6px;" src="https://scontent-a-ord.xx.fbcdn.net/hphotos-prn1/t1/q71/s320x320/1525089_10200416579575732_1327847196_n.jpg" alt="Photo" width="264" height="188">
<img class="scaledImageFitWidth img" src="https://scontent-a-ord.xx.fbcdn.net/hphotos-frc3/q71/s320x320/1505010_10200416580255749_831515635_n.jpg" alt="Photo" width="250" height="193">
1
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01/15/2014
by Advocates for San Antonio Pets (ASAP)
Marilyn Knapp Litt's article in the Examiner.com
http://www.examiner.com/article/san-antonio-mayor-makes-statement-about-the-fate-of-buddy-the-dog

San Antonio Mayor makes statement about the fate of Buddy the dog

<img class="zoomable zoom-processed" title="Buddy&amp;#039;s victim. Bite or scratch marks? 100 stitches?" src="http://cdn2-b.examiner.com/sites/default/files/styles/image_content_width/hash/f0/93/f093e6dc60b3fffbaf4a7bb6e17f7852.jpg?itok=WvfMrXa9" alt="Buddy&amp;#039;s victim. Bite or scratch marks? 100 stitches?" width="369" height="350" data-sc="life">
KENS5
<img src="http://cdn2-b.examiner.com/sites/default/files/styles/square_thumb_medium/hash/fe/5d/1336583968_7.jpg?itok=IZ6SyQke" alt="" width="180" height="180">
January 15, 2014

The family of Buddy, a Golden Retriever mix, has been fighting for his life against the city of San Antonio since Buddy was detained November 1st for injuring a girl. The case is creating ill will with local animal rescuers, who are planning a protest in Alamo Plaza on January 18, and is a continuing source of bad publicity for the city of San Antonio. Last night, January 14, Mayor Julian Castro commented on the high profile case:

"It's important of course that there are consequences for the fact that a little girl got harmed. However, I'm confident that something can be worked out short of euthanizing the dog," said Mayor Castro. "I'm confident that another agreement can be reached so that the dog can live, and we'll go ahead and take a look at the way that these cases are handled in the future."

Buddy's family wants to spare Buddy, but they may not want an agreement with the onerous restrictions of a "dangerous dog" designation. The family says Buddy scratched the victim because he was startled when she screamed in his face. If Buddy is allowed to live, but is designated dangerous, his owners will have to carry $100,000 in insurance each year, muzzle Buddy when he is outside, and comply with other measures meant to protect the public. (statute)

There are questions about how and why the city is prosecuting this case. One local news station believes there is a double standard pertaining to who gets the full court press and who does not; because Animal Care Services was told not to comment on the case of an actor's dogs who escaped his yard and attacked a dog on leash.

Animal Care Services has commented on this case. The Director of Animal Care Services has characterized the injuries as quite severe (see Emergency Room photo above), although nothing this detailed has been submitted to the court:

"The 9 year old girl suffered a crushed tear duct, a large/long gash that laid open her cheek that started just below her eye and extended to her lip. The corner of her lip was also lacerated/torn and had to be sewn back on. In all, her injuries required over 100 stitches to her face. She was hospitalized and had to undergo surgery to repair the tear duct. There is still a drain in her tear duct and she may require additional surgery. According to her parents, she also has emotional issues to deal with following this incident."

The only medical evidence introduced in Buddy's case is the Emergency Room photograph at the top of this article and the testimony of an Animal Control Officer. Court watchers, particularly Gilbert Garcia who has followed this case closely, are puzzled that more medical records were not offered in evidence as well as testimony by a medical professional.

A photograph taken in court two weeks later would seem to show no evidence of any physical injuries or stitches having been recently removed.

Animal lovers, Buddy's family and friends, as well as Buddy, are currently waiting to hear the results of his appeal.


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01/15/2014
by Advocates for San Antonio Pets (ASAP)
http://www.ksat.com/news/Buddy-the-dog-s-future-still-uncertain/-/478452/23934224/-/2veomo/-/index.html

Buddy the dog's future remains uncertain

Published On: Jan 14 2014 10:29:55 PM CST   Updated On: Jan 14 2014 10:29:00 PM CST

We've been following the case of a dog sentenced to death and apparently so has the mayor. While the future of Buddy the dog is still uncertain, it looks like the mission to keep him alive is ongoing.

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http://www.mysanantonio.com/news/local/article/Activists-rally-behind-Buddy-the-Dog-5144649.php

Activists rally behind Buddy the Dog

By Kolten Parker : January 15, 2014 : Updated: January 15, 2014 6:59am
Photo By Courtesy/courtesy
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Buddy, a 6-year-old golden retriever mix, was granted a temporary reprieve Wednesday, Dec. 11, 2013, after a judge ordered that he be euthanized after he attacked a 9-year-old girl. The dog's 83-year-old owner and a witness said the dog attacked after the girl screamed in his face, but the girl's mother testified the attack was unprovoked. Here, Buddy relaxes at home during happier times. He has been in quarantine in an ACS kennel since early November.

SAN ANTONIO — A local animal advocate planning a protest Saturday says she's willing to be arrested to bring attention to the incarceration of Buddy the Dog and separation from his 83-year-old owner.

Buddy, whose life remains in a legal limbo after reportedly biting a 9-year-old girl last year, has been quarantined by the city since November.

The Alamo Plaza protest, set for noon Saturday, is organized by Vicki Lynn Jurney-Taylor. It has gained about 200 registered guests on Facebook.

“Trust me, we WILL make the National news once I am arrested in my wheelchair over this travesty of Justice!,” Taylor wrote on the event page.

City attorneys have pushed since December to have Buddy immediately put down, but reached an agreement with the attorneys for Buddy's owner Homer Mejica Friday to not euthanize him while other appeals are sorted out.

Public outcry including an online petition and calls to public officials erupted as Buddy and his owner's case made news.

As the Express-News' Gilbert Garcia reported last week, “Buddy has become a symbol for animal lovers, who often suggest ACS is more obsessed with posting impressive statistics than protecting animals.

Thousands of euthanizations still take place every year, hundreds of thousands of strays roam the streets and dog bites are on the rise, ACS figures show.

In 2012, 13,560 dogs were put to death, ACS figures show, down from 19,646 in 2011.”

 

kparker@express-news.net

 

Twitter: @KoltenParker

 

 

 


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01/14/2014
by Advocates for San Antonio Pets (ASAP)
Please click on the Photo & Videos tab above and judge for yourself - photos of the "serious bodily injuries" caused by Buddy to 9 yr old girl on Nov 1, 2013 that caused the ACS, city attorneys Samuel Adams and Oliver Sutton and Judge Daniel Guerrero to prosecute this case so vigorously and demand Buddy be put to death! The 2nd photo was taken outside Judge Guerrero's courtroom on Nov 18. The 3rd photo is 83yr old Homer Mojica who has been deprived of the companionship of his beloved Buddy and not allowed to visit him since he was seized by ACS on Nov 2, 2013.

In the medical records, a 0.5 cm (5 mm) laceration to the right lower eyelid is noted (it’s also described at 15% of the lower lid length). (When questioned on the stand as to the length on a ruler of a 0.5cm laceration, the ACO Jessica Travis identified 5 centimeters, which goes to the competence of the people ACS is having evaluate these claims.) There is also a 0.5 cm (again 5 mm) wound to the right cheek with “no sign of discharge, or bleeding, mild swelling to the right cheek and right part of face.” Visual acuity is noted to be 20/20 in both eyes. Patient pain is rated 0 out of 10. ENT repaired facial laceration at bedside. Look on a ruler and you will see exactly how small 0.5 cms is. If you have a credit or debit card - 5 mm is the height of one of the numbers! The city attorneys and ACS have claimed that 100 stitches were required - it just is not possible that 100 stitches were utilized! She also did not suffer a “crushed” tear duct as claimed. It is also immediately obvious from both the post-surgery photos used by the City at hearings and the medical records that there was not “a large/long gash that laid open her cheek that started just below her eye and extended to her lip" as has been widely circulated by Kathy Davis at ACS to city officials. #savebuddy#freebuddythedog

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01/12/2014
by Advocates for San Antonio Pets (ASAP)

City drops gamesmanship in case about Buddy the Dog

BY GILBERT GARCIA OPINION COLUMNIST

<img id="yui_3_13_0_ym1_1_1389510766723_2163" style="max-width: 100%;" src="http://tablet.olivesoftware.com/Olive/Tablet/SanAntonioExpressNews/GetImage.ashx?kind=block&amp;href=SAEN%2F2014%2F01%2F12&amp;id=Pc0020500&amp;ext=.jpg" alt="Picture">

Courtesy photo

Buddy’s life remains in legal limbo months after he injured a girl.

<img id="yui_3_13_0_ym1_1_1389510766723_2295" style="max-width: 100%;" src="http://tablet.olivesoftware.com/Olive/Tablet/SanAntonioExpressNews/GetImage.ashx?kind=block&amp;href=SAEN%2F2014%2F01%2F12&amp;id=Pc0020400&amp;ext=.jpg" alt="Picture">

You know how football teams always rush to the line of scrimmage when they’re the beneficiaries of a bad call by officials?

The idea is to hurry up and snap the ball before the other team’s coach can throw down the red flag and challenge the call.

That’s exactly the way city attorneys have acted in recent weeks concerning the case of Buddy the Dog.

Buddy, a 6-year-old golden retriever mix, has been held in Animal Care Services’ quarantine facility at Brooks City-Base since early November. On Nov. 1, he injured a 9-year-old girl in the parking lot of a Northwest Side apartment complex.

Homer Mojica, 83, Buddy’s devoted owner, says Buddy was on a leash, and scratched the girl only after she got excited and screamed in the dog’s face.

The girl’s mother has insisted that Mojica was not holding Buddy’s leash, and that her daughter’s injuries — a cut on her lower lip, a gash on her right cheek, and a scratch across the lower lid of her right eye — came from bites (not scratches) that were unprovoked.

Despite conflicting testimony and a dearth of medical evidence, Municipal Court Judge Daniel Guerrero ruled last month that Buddy be euthanized. Mojica’s attorney, Michelle Maloney, kept Buddy alive by filing a temporary restraining order, pending an appeal.

Last Tuesday, as District Court Judge Cathleen Stryker pondered whether to extend the TRO during the appeals process, city attorneys were in a mad rush to snap the ball before their opponent could throw a red flag.

City attorneys filed an 11th-hour plea, challenging the district court’s jurisdiction in the case, and insisting that Maloney never properly served them with the TRO because she handed it to Assistant City Attorney Samuel Adams rather than the city clerk.

As a result, Adams tried to convince Stryker that the TRO should be immediately dissolved and Buddy should be destroyed.

These kinds of tactical games are hardly unusual among competing attorneys, but when you’re playing around in court with the life of a beloved family pet, you can’t help but look insensitive.

By the end of the week, however, city attorneys miraculously dropped all the gamesmanship, formally reaching an agreement with Maloney not to “euthanize or otherwise harm Buddy” pending “exhaustion of all appellate remedies.”

Why the sudden reversal?

You’d have to believe they felt some heat from local activists outraged by the handling of the case

— activists who emailed city officials, created a legal fund to help Mojica and his wife, Kathryn, and launched a petition drive that drew more than 1,000 signatures in 24 hours.

On one hand, those activists were moved by the specifics of the case: Mojica testifying about how he walked Buddy four times a day, fed him treats by the breakfast table while Mojica read the morning paper, and set up a blanket on his bed so they could watch television together.

Activists were also concerned, however, about the broader implications of the case. ACS generally pursues dog-injury cases under the city’s “dangerous dogs” ordinance, which requires proof that the dog was unprovoked, and allows dog owners to appeal a verdict. It also provides remedies (keeping the dog in an enclosure, muzzling the dog when outside, etc.) that protect the community while also saving the life of the dog.

In this case, however, ACS used the state’s controversial “serious bodily injury law,” which does not take into account whether there was provocation, and gives a judge carte blanche to have the dog euthanized, if serious bodily injury — a murky term, if ever there was one — is found.

Maloney intends to challenge the constitutionality of that law, even as she sits down with city officials to try to negotiate a fair solution to Buddy’s case. In an ideal scenario, this city would stop applying the serious bodily injury standard and start trying such cases in county rather than municipal court (which would provide for a jury trial rather than a hearing with a single judge).

On Friday, Maloney said the Mojicas see this case as “bigger than Buddy.” Hopefully, Friday’s agreement signals that the city is beginning to see it that way, too. ggarcia@express-news.net


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01/11/2014
by Advocates for San Antonio Pets (ASAP)
KABB coverage of Buddy's fight to stay alive =

http://www.foxsanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-961.shtml

Buddy the Dog will not be euthanized while case is appealed

Updated: Friday, January 10 2014, 10:34 AM CST
<img src="http://www.foxsanantonio.com/news/features/top-stories/stories//images/buddy-the-dog-2_961.jpg" alt="Buddy the Dog will not be euthanized while case is appealed story image">
SAN ANTONIO -- Buddy the dog will not be euthanized while his case is appealed in San Antonio Municipal Court.

Buddy's attorney, Michelle Maloney, said Friday the city has agreed to let Buddy live until all appeals in this case have been exhausted.

Buddy, a 6-year-old golden retriever mix, is at the center of a bitter fight between two families.

The Dominguez family says Buddy attacked their 9-year-old daughter back in November.  She and her mother were petting Buddy when he attacked the child.

The girl survived, but her father claims the attack left his daughter emotionally traumatized.

Buddy's owner, 83-year-old Homer Mojica, says the dog is not aggressive.  He says the 9-year-old child began to scream as she was petting Buddy, causing him to attack her.

A municipal court judge ruled last month that Buddy should be euthanized, but Mojica has since appealed the ruling.

Since the attack, Buddy has been in the custody of Animal Care Services.

Maloney says she has submitted a request to release Buddy to Mojica while the case is appealed.  No decision has been made on that request.

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01/10/2014
by Advocates for San Antonio Pets (ASAP)
WOAI coverage of the agreement to keep Buddy alive while awaiting his appeal:

text size Buddy the Dog spared while case is appealed Updated: Friday, January 10 2014, 05:20 PM CST SAN ANTONIO -- Buddy the dog will not be euthanized while his case is appealed in San Antonio Municipal Court. Buddy's attorney, Michelle Maloney, said Friday the city has agreed to let Buddy live until all appeals in this case have been exhausted. Buddy, a 6-year-old golden retriever mix, is at the center of a bitter fight between two families. The Dominguez family says Buddy attacked their 9-year-old daughter back in November. She and her mother were petting Buddy when he attacked the child. The girl survived, but her father claims the attack left his daughter emotionally traumatized. Buddy's owner, 83-year-old Homer Mojica, says the dog is not aggressive. He says the 9-year-old child began to scream as she was petting Buddy, causing him to attack her. A municipal court judge ruled last month that Buddy should be euthanized, but Mojica has since appealed the ruling. Since the attack, Buddy has been in the custody of Animal Care Services. Maloney says she has submitted a request to release Buddy to Mojica while the case is appealed. No decision has been made on that request.

Read More at: http://www.news4sanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-7297.shtml
http://www.news4sanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-7297.shtml

Buddy The Dog remains on Doggy Death Row


News 4 San Antonio coverage of Buddy The Dog's stay of execution today...


text size Buddy the Dog spared while case is appealed Updated: Friday, January 10 2014, 05:20 PM CST SAN ANTONIO -- Buddy the dog will not be euthanized while his case is appealed in San Antonio Municipal Court. Buddy's attorney, Michelle Maloney, said Friday the city has agreed to let Buddy live until all appeals in this case have been exhausted. Buddy, a 6-year-old golden retriever mix, is at the center of a bitter fight between two families. The Dominguez family says Buddy attacked their 9-year-old daughter back in November. She and her mother were petting Buddy when he attacked the child. The girl survived, but her father claims the attack left his daughter emotionally traumatized. Buddy's owner, 83-year-old Homer Mojica, says the dog is not aggressive. He says the 9-year-old child began to scream as she was petting Buddy, causing him to attack her. A municipal court judge ruled last month that Buddy should be euthanized, but Mojica has since appealed the ruling. Since the attack, Buddy has been in the custody of Animal Care Services. Maloney says she has submitted a request to release Buddy to Mojica while the case is appealed. No decision has been made on that request.

Read More at: http://www.news4sanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-7297.shtml
text size Buddy the Dog spared while case is appealed Updated: Friday, January 10 2014, 05:20 PM CST SAN ANTONIO -- Buddy the dog will not be euthanized while his case is appealed in San Antonio Municipal Court. Buddy's attorney, Michelle Maloney, said Friday the city has agreed to let Buddy live until all appeals in this case have been exhausted. Buddy, a 6-year-old golden retriever mix, is at the center of a bitter fight between two families. The Dominguez family says Buddy attacked their 9-year-old daughter back in November. She and her mother were petting Buddy when he attacked the child. The girl survived, but her father claims the attack left his daughter emotionally traumatized. Buddy's owner, 83-year-old Homer Mojica, says the dog is not aggressive. He says the 9-year-old child began to scream as she was petting Buddy, causing him to attack her. A municipal court judge ruled last month that Buddy should be euthanized, but Mojica has since appealed the ruling. Since the attack, Buddy has been in the custody of Animal Care Services. Maloney says she has submitted a request to release Buddy to Mojica while the case is appealed. No decision has been made on that request.

Read More at: http://www.news4sanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-7297.shtml
text size Buddy the Dog spared while case is appealed Updated: Friday, January 10 2014, 05:20 PM CST SAN ANTONIO -- Buddy the dog will not be euthanized while his case is appealed in San Antonio Municipal Court. Buddy's attorney, Michelle Maloney, said Friday the city has agreed to let Buddy live until all appeals in this case have been exhausted. Buddy, a 6-year-old golden retriever mix, is at the center of a bitter fight between two families. The Dominguez family says Buddy attacked their 9-year-old daughter back in November. She and her mother were petting Buddy when he attacked the child. The girl survived, but her father claims the attack left his daughter emotionally traumatized. Buddy's owner, 83-year-old Homer Mojica, says the dog is not aggressive. He says the 9-year-old child began to scream as she was petting Buddy, causing him to attack her. A municipal court judge ruled last month that Buddy should be euthanized, but Mojica has since appealed the ruling. Since the attack, Buddy has been in the custody of Animal Care Services. Maloney says she has submitted a request to release Buddy to Mojica while the case is appealed. No decision has been made on that request.

Read More at: http://www.news4sanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-7297.shtml
More Sharing Services text size Buddy the Dog spared while case is appealed Updated: Friday, January 10 2014, 05:20 PM CST SAN ANTONIO -- Buddy the dog will not be euthanized while his case is appealed in San Antonio Municipal Court. Buddy's attorney, Michelle Maloney, said Friday the city has agreed to let Buddy live until all appeals in this case have been exhausted. Buddy, a 6-year-old golden retriever mix, is at the center of a bitter fight between two families. The Dominguez family says Buddy attacked their 9-year-old daughter back in November. She and her mother were petting Buddy when he attacked the child. The girl survived, but her father claims the attack left his daughter emotionally traumatized. Buddy's owner, 83-year-old Homer Mojica, says the dog is not aggressive. He says the 9-year-old child began to scream as she was petting Buddy, causing him to attack her. A municipal court judge ruled last month that Buddy should be euthanized, but Mojica has since appealed the ruling. Since the attack, Buddy has been in the custody of Animal Care Services. Maloney says she has submitted a request to release Buddy to Mojica while the case is appealed. No decision has been made on that request.

Read More at: http://www.news4sanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-7297.shtml
text size Buddy the Dog spared while case is appealed Updated: Friday, January 10 2014, 05:20 PM CST SAN ANTONIO -- Buddy the dog will not be euthanized while his case is appealed in San Antonio Municipal Court. Buddy's attorney, Michelle Maloney, said Friday the city has agreed to let Buddy live until all appeals in this case have been exhausted. Buddy, a 6-year-old golden retriever mix, is at the center of a bitter fight between two families. The Dominguez family says Buddy attacked their 9-year-old daughter back in November. She and her mother were petting Buddy when he attacked the child. The girl survived, but her father claims the attack left his daughter emotionally traumatized. Buddy's owner, 83-year-old Homer Mojica, says the dog is not aggressive. He says the 9-year-old child began to scream as she was petting Buddy, causing him to attack her. A municipal court judge ruled last month that Buddy should be euthanized, but Mojica has since appealed the ruling. Since the attack, Buddy has been in the custody of Animal Care Services. Maloney says she has submitted a request to release Buddy to Mojica while the case is appealed. No decision has been made on that request.

Read More at: http://www.news4sanantonio.com/news/features/top-stories/stories/buddy-dog-not-euthanized-while-case-appealed-7297.shtml



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01/10/2014
by Advocates for San Antonio Pets (ASAP)
KSAT coverage of the agreement to keep Buddy alive while awaiting his appeal:

http://www.ksat.com/news/buddy-the-dogs-euthanization-blocked/-/478452/23866390/-/whpdni/-/index.html

Buddy the dog's euthanization blocked

Owner, city reach agreement

Author: Paul Venema, Reporter, pvenema@ksat.com
Published On: Jan 10 2014 11:25:22 AM CST   Updated On: Jan 10 2014 05:30:05 PM CST

Buddy the dog's euthanization blocked

SAN ANTONIO -

A hearing to determine the fate of Buddy the dog was canceled Friday after the dog’s owners and the city reached an agreement to keep the dog from being euthanized.

Friday’s hearing was to decide whether a temporary restraining order obtained by Homer Mojica, the dog’s owner, would be changed to a temporary injunction.

In December the restraining order was issued stopping the dog’s euthanization. He was to be put down after allegedly biting or scratching a little girl in November 2013.

The attorney for the Mojica family said the family was happy about Friday’s move.

“They are thrilled that Buddy has some more time,” said attorney Michelle Maloney. “This has been unbelievably stressful for them.”

Maloney said they still plan to appeal the case. In the meantime, Buddy will remain in the custody of Animal Care Services.

“Our hope is that he would be released to the family or that he would be allowed to go to maybe a sanctuary or a rescue or even a veterinary office where we can see him,” Maloney said.


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01/10/2014
by Advocates for San Antonio Pets (ASAP)
Texas Monthly on the agreement to keep Buddy alive pending his appeal:

http://www.texasmonthly.com/daily-post/animal-may-end-changing-law-about-when-texas-can-euthanize-dog

This Animal May End Up Changing the Law About When Texas Can Euthanize a Dog
Fri January 10, 2014 12:03 pm

<img class="media-image" src="http://www.texasmonthly.com/sites/default/files/kennel.jpg" alt="" width="680" height="384">

Homer Mojica, 83, was outside with his dog, Buddy, in the parking lot of his Northwest San Antonio apartment complex when they encountered two neighbors—a mother and her nine-year-old daughter. Buddy had never shown signs of aggression in the past, but this incident ended with the little girl suffering cuts and scratches on her face.

Those details are the only ones that aren't in dispute in the case of Buddy the dog, a six-year-old golden retriever. All the rest—whether Mojica had the dog on a leash, whether the dog was provoked by the girl screaming in its face, and whether the girl's wounds were caused by scratches from the dog's paw or from bites—is in dispute. Mojica and a neighbor who witnessed the incident say that the dog was leashed and provoked, while the girl's mother insists that it was an unprovoked attack. 

Ultimately, though, most of those details aren't particularly relevant to Buddy's fate, which can be decided by Texas's Health and Safety Code, and its provisions for when and how an animal that attacks a person should be seized by the state and put down. 

Under current law, even a provoked dog kept on a leash can be euthanized if its attack results in "severe bodily injury," which the statute defines as "severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment." 

That very vague definition offers a lot of discretion—which isn't subject to oversight—to local officials who hold the lives of people's pets in their hands. In the case of Buddy, that meant that San Antonio judge Daniel Guerrero ordered the dog put down with minimal testimony, according to the San Antonio Express-News

The city provided no medical testimony on the girl's injuries, relying solely on ACS investigator Jessica Travis, who never examined the girl and merely saw photos of her.

In fact, the blown-up, close-up photos of the girl's face, taken after the Nov. 1 attack, were the stars of the city's case. It's worth noting, however, that the girl was also in the courtroom for Wednesday's hearing, and she seemed in good spirits, with scars that were barely visible.

Mojica's attorney, San Antonio animal rights lawyer Michelle Maloney, filed an emergency restraining order to prevent the dog from being euthanized in response to Judge Guerrero's November order, which was granted. That restraining order expired on Tuesday, though, before the appeal filed by Maloney could be heard, according to MySA.com (which has done a terrific job of covering the case):

Tuesday's hearing in the court of District Judge Cathleen Stryker was supposed to settle the question of whether the restraining order can be extended while Maloney appeals Guerrero's decision.

But city attorneys challenged the jurisdiction of the hearing and attempted to have the temporary restraining order dissolved, which would have resulted in Buddy's immediate death.

In the face of that possibility, Stryker extended the TRO for three more days, until a new hearing can settle the jurisdictional issue.

It was unclear why San Antonio city attorneys were so active in pushing to have the dog put down before its appeal could be heard, but as of this morning, it appears that they've backed down, and Buddy's not at risk of euthanasia before the matter is settled in the courts. As MySA.com reports:

The city reached an agreement Friday morning with the attorneys for Buddy's owners, promising that the dog would not be euthanized or harmed while the dog's owners pursue an appeal of the Dec. decision to have the dog destroyed.

That's good news for Mojica, Maloney, and the dog. But what's coming next in this case suggests that the law under which Texas dogs can be seized and put down may be changing in any case. 

Right now, the "severe bodily injury" statute offers few exceptions: If your dog attacks someone, unless it's a person over the age of eight years old who is trespassing on your property while the dog is in an enclosure, it's probably subject to the same fate that Judge Guerrero ordered for Buddy. (Another exception is if the person the dog attacks is in the process of assaulting you; police dogs are also exempt.) There are no exceptions for dogs that are provoked or acting in their own defense. 

That's something that, according to Maloney, needs to change. MySA.com explains that there's a possibility that Buddy's case could lead to a constitutional challenge of the "severe bodily injury" law. Dog lovers will probably balk at Maloney's argument, which centers around dogs-as-property (and not furry bundles of love who are part of a person's family), but it's a challenge that needs to come: 

Maloney has become this city's go-to attorney in animal-rights cases, and she's challenging the constitutionality of the “serious bodily injury” provision in an effort to save Buddy from being euthanized.

In her Nov. 18 pretrial motion to Municipal Court 4 Judge Daniel Guerrero, Maloney argued that “pets are property in the eyes of the law” in Texas, and the “serious bodily injury” standard unfairly allows property to be taken from owners.

Guerrero disregarded the argument, but Maloney is gearing up for an appeal that has the potential to reach the Texas Supreme Court.

“The 'serious bodily injury' hearing is scary from a constitutional standpoint because it doesn't explicitly have a right-of-appeal in it, which means a municipal-court judge can come in and rubber-stamp ACS' actions,” Maloney said.

“If someone comes up and kicks your dog 20 times and your dog bites, the city can still take your dog away and euthanize them,” she added.

The ultimate fate of Buddy will be written as this case continues—which is an improvement from the dog's situation as of yesterday, when it faced the real possibility of being put down before the legal fight to keep it alive was resolved. While no one wants dangerous dogs roaming the streets with impunity, it seems like a review process that kept courts from ordering animals destroyed when there are conflicting reports and questions about the severity of the injuries would be a prudent change.


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01/10/2014
by Advocates for San Antonio Pets (ASAP)
Media coverage of the agreement to keep Buddy alive pending his appeal:

http://www.kens5.com/home/San-Antonio-judge-Buddy-the-Dog-to-stay-alive-while-appeal-pursued-239620641.html

San Antonio judge: Buddy the Dog to stay alive while appeal pursued

<img style="height: 100%; margin: auto auto; display: block;" src="http://media.kens5.com/images/2014110BUDDY.jpg" alt="">

by Andrew Delgado / Kens5.com

Bio | Email | Follow: @ErandeTX

Posted on January 10, 2014 at 10:24 AM

Updated today at 2:47 PM

SAN ANTONIO -- An agreement has finally been reached in the case of Buddy the Dog -- the local canine with a precarious fate.

A judge ruled Friday that Buddy would not be destroyed whilst his owners pursued an appeal.

Buddy has been in the custody of Animal Care Services since last November, after the dog allegedly attacked a young girl at a San Antonio apartment complex. 

On Dec. 11, 2013, a local judge ruled that the dog be euthanized.

However, Buddy's owners' lawyer, Michelle Maloney, filed a temporary restraining order while an appeal on the December decision could be pursued.

According to Maloney, Buddy had no history of aggressive behavior.

Earlier this week, Judge Cathleen Stryker extended the temporary restraining order for three more days, granting Buddy a momentary breather after city attorneys attempted to have the restraining order dissolved.

Several grassroots efforts have sprung up to help Buddy and his owners.

One petition, 'San Antonio: Don't Execute Buddy The Dog!,' is seeking  a permanent reprieve for the dog. It was set up online and has received over 2,100 signatures.

"In just 48 hours, we have collected over 2000 signatures, begging the courts to spare Buddy's precious life," Jennifer Blachly, a local activist told KENS 5. "We hope this helps the judge consider his decision carefully."

Blachly hopes the petition, and several calls to city officials, will result in Buddy being able to return home to his owners.

In addition, a fund has been set up to help with Buddy's legal costs.


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01/10/2014
by Advocates for San Antonio Pets (ASAP)
Good news!!

BUDDY THE DOG HAS A REPRIEVE!!

Michelle Maloney was able to negotiate a last minute agreement with the city of San Antonio not to euthanize Buddy until we have exhausted all of our appellate remedies!

I will post the agreement shortly but this is an important victory because the city now recognizes that pet owners have a right to appeal.

http://m.mysanantonio.com/news/local/article/San-Antonio-s-Buddy-the-Dog-saved-again-for-5130950.php
— with Michael Suarez and 28 others.
Photo: Good news!!

BUDDY THE DOG HAS A REPRIEVE!!

Michelle Maloney was able to negotiate a last minute agreement with the city of San Antonio not to euthanize Buddy until we have exhausted all of our appellate remedies!

I will post the agreement shortly but this is an important victory because the city now recognizes that pet owners have a right to appeal.

http://m.mysanantonio.com/news/local/article/San-Antonio-s-Buddy-the-Dog-saved-again-for-5130950.php
15
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01/10/2014
by Advocates for San Antonio Pets (ASAP)
http://www.mysanantonio.com/news/local/article/San-Antonio-s-Buddy-the-Dog-saved-again-for-5130950.php

San Antonio's Buddy the Dog saved again — for now

By Gilbert Garcia : January 10, 2014 : Updated: January 10, 2014 11:20am
Photo By Courtesy
1 of 2
Buddy the Dog remains in a legal limbo months after he bit a 9-year-old girl. A reader implores the judge to save Buddy and asks the community to get behind the mission.

SAN ANTONIO — The life of San Antonio's Buddy the Dog was at least temporarily spared Friday morning.

Only three days after city attorneys pushed to have the dog immediately destroyed, they reached an agreement with the attorneys for Buddy's owners, promising that the dog would not be harmed while the owners pursue an appeal of a December municipal-court decision to have the dog euthanized.

The 6-year-old golden retriever mix has been held in Animal Care Services' Brooks City-Base quarantine facility since early November, when he either scratched or bit a 9-year-old girl in the parking lot of a Northwest Side apartment complex.

Homer Mojica, Buddy's devoted, 83-year-old co-owner, said the dog was on a leash and scratched the girl after she scared him by screaming in his face. The girl's mother has testified that the attack was unprovoked, and said the girl's injuries - a cut on her lower lip, a gash on her right cheek, and a scratch across the lower lid of her right eye - were produced by bites, not scratches.

Buddy has been described by Mojica's neighbors as a friendly dog with no prior history of aggressive behavior, but during a December 11 hearing, Municipal Court Judge Daniel Guerrero ruled that the case met the state's “serious bodily injury” standard which allows dogs to be euthanized.

Buddy's survival since then has hinged on a temporary restraining order obtained by Michelle Maloney, the lead attorney for Mojica and his wife Kathryn.

At a Tuesday district-court hearing to determine whether the TRO would continue while Maloney appeals Guerrero's decision, city attorneys employed every possible tactic to get the restraining order immediately dissolved.

They challenged the jurisdiction of the hearing (arguing that the case should have gone to county rather than district court) and made an issue of the fact that Maloney served the restraining order directly to a city attorney rather than with the city clerk.

District Judge Cathleen Stryker, however, extended the restraining order for three more days until a Friday hearing could settle the jurisdictional question.

The Friday agreement, filed less than an hour before the hearing was scheduled, marked a major reversal by the city.

That shift seems at least partly because of public outcry over the city's apparent rush to shut down the case. Animal-rights activists emailed city officials, set up a legal fund to help the Mojicas, and, in one case, established an online petition drive that produced more than 1,000 signatures in a span of 24 hours.

Maloney said Friday she plans to appeal the constitutionality of the “serious bodily injury” law, which does not take into account whether or not the dog was provoked, and provides dog owners with no opportunity for appeal. She also plans to meet with city officials in an attempt to find a workable solution to Buddy's case.

 

ggarcia@express-news.net


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01/07/2014
by Advocates for San Antonio Pets (ASAP)
KSAT news - interview with Mr Mojica, Buddy's owner -after the hearing on 1/7/14

http://www.ksat.com/news/dog-accused-of-biting-child-gets-reprieve/-/478452/23816102/-/v7al4bz/-/index.html

SAN ANTONIO -

Buddy the dog, who was ordered put down in November after he allegedly bit a child, has won a few extra days of life.

A hearing Tuesday on a motion to have a temporary restraining order stopping the termination of Homer Mojica’s dog’s life be replaced by a temporary injunction has been delayed until Friday.

Mojica, 83, wants his dog returned home.

The dog was taken into custody by Animal Care Services after he allegedly bit a child last November.

A restraining order was granted in December sparing the dog's life, but it expired on Tuesday.

“I thought he would be back and it’s just been bad all these days waiting and waiting,” said Mojica.

A legal procedural snag halted Tuesday’s hearing.

Mojica said his dog did not bite a child as she tried to pet him but rather scratched her face with his paw.


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01/07/2014
by Advocates for San Antonio Pets (ASAP)
UPDATE ON BUDDY'S HEARING Tues, 1/7/14 - by Gilbert Garcia, San Antonio Express News -

SAN ANTONIO — Buddy the Dog won three more days of life in district court Tuesday, but his fate remains tangled up in procedural limbo.

Buddy, a 6-year-old golden retriever mix, was ordered destroyed last month by Municipal Court Judge Daniel Guerrero, but has survived because of a temporary restraining order filed by Michelle Maloney, the attorney for the dog's owners.

Tuesday's hearing in the court of District Judge Cathleen Stryker was supposed to settle the question of whether the restraining order can be extended while Maloney appeals Guerrero's decision. But city attorneys challenged the jurisdiction of the hearing and attempted to have the temporary restraining order dissolved, which would have resulted in Buddy's immediate execution.

In the face of that possibility, Stryker extended the TRO for three more days, until a new hearing can settle the jurisdictional issue.

Buddy has been held in an Animal Care Services kennel at Brooks City-Base since early November. On Nov. 1, he attacked a 9-year-old girl in the parking lot of a Northwest Side apartment complex.

Homer Mojica, Buddy's 83-year-old owner, testified at a municipal court hearing last month that he had his dog on a leash at the time, and said Buddy scratched the girl only after she frightened him by screaming in the dog's face. The girl's mother, however, contended that Buddy was not on a leash and said his attack was unprovoked. She also insisted that her daughter's injuries — a gash on her right cheek, a cut on her lower lip, and a scratch across the lower lid of her right eye — were caused by bites, not scratches.

City attorneys pursued the case under the state's controversial “serious bodily injury” law, which allows a judge to order that a dog be destroyed even if the dog was provoked and has no history of aggression.

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01/06/2014
by Advocates for San Antonio Pets (ASAP)
We'd like to ask all supporters go to the first floor of the Bexar County Courthouse and wait outside the presiding court before 9am. We will be sent out to a judge sometime after 9:00 a.m. and we can proceed from there to the appropriate courtroom. If everyone can wait in the hallway, it would be probably be best as there’s not much room in presiding.

The only thing the hearing tomorrow will address is continuing the TRO (getting a temporary injunction to prevent Buddy from being euthanized while we go forward with the appeal).

The Lexus Project attorney, Richard Rosenthal, has been contacted and we are hopeful of their assistance on this case.

Tues, Jan 7, 9am - Buddy's hearing to stay alive!
Bexar County District Court
100 Dolorosa

If you can be there to show support for Buddy and his family at this gross miscarriage of justice, it would be greatly appreciated. Dress warmly as it will be cold out! Buddy needs YOU!!! Thanks!

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01/06/2014
by Advocates for San Antonio Pets (ASAP)
Open letters sent to Mayor Castro and City Manager Sculley:

OPEN LETTER
TO
MAYOR CASTRO AND CITY MANAGER SCULLEY
 
SAVE BUDDY
 
Buddy is a dog owned by Mr. Homer Mojica who has been determined by Municipal Court Judge Guerrero to have bitten and caused seriously bodily injury to a 9 year old girl and ordered killed.    This was done at a hearing authorized by  Texas State Code.
There are many questions as to the adequacy of the law under which the hearing was conducted as well as the manner in which the hearing was conducted.  Because of vagueness in the law there appears to be many questions concerning the actions of the judge in this manner.  Motions were ignored or refused with no reason.  Expert witnesses were not sought by nor allowed by the judge.
The legal questions are being addressed by an attorney representing Mr. Mojica who is seeking an appeal.   However, if it is determined that an appeal is not possible, Buddy will die.
It is apparent to anyone who knows the facts of this case that there has been a miscarriage of justice and Buddy should be freed or at the very least Buddy deserves another chance in a real and fair trial.  If this is not done due to some deficiency in the laws it would result in Buddy’s death and a gross miscarriage of justice.
To prevent that, I call on Mayor Castro and City Manager Sculley to intervene.  In this country where it is possible for executives to pardon or commute sentences of persons convicted of murder or rape, surely there is a way for the Mayor or City Manager to save the life of one small defenseless dog, if they want to.
So, I am asking Mayor Castro and City Manager Sculley to get involved.  All those below you are either incapable or afraid to act.  They hide behind laws or pass the buck.    
So, I beg you. Find a way.  Do the right thing.  Be courageous, true and just.   Save Buddy
The only thing necessary for the triumph of evil is for good men to do nothing”
John Bachman

==================

Dear Mayor Castro and City Manager Sculley,
 
I support John Bachman's request for justice for Buddy. I also was present at the hearings and find the body of evidence presented by ACS and the city attorneys lacking in conclusive proof that a bite did in effect take place. Both the mother of the victim and the owner were standing within 2-3 feet of the victim and Buddy and both testified under oath that they did NOT witness Buddy biting the little girl. Both did state that Buddy jumped up on the child. At the time of the incident, Mr Mojica - according to testimony - was showing the child Buddy's tricks - sit, down, roll-over and shake hands. He was letting the child shake hands with Buddy when she started yelling and waving her hands around.
There is a high possibility that Buddy might have thought the child's yelling and waving might have been an invitation to jump up on her as many dogs tend to do when excited. The weight behind his paw and his nails could have caused the injuries. While this possibility exists, there is reasonable doubt whether this family dog, with no history of aggression, attacked the child or was instead jumping up in excitement to play with her. This is not dangerous or aggressive dog behavior and Buddy does not deserve to die because his nails might have broken skin and caused stitches to be required.
 
The injuries on the child's face are more consistent with deep scratch wounds rather than bite wounds. The ACS investigator based the entire case for "serious bodily injury" based on photographs and testified that she at no time visited or interviewed the victim or her family before making the determination of "serious bodily injury". If there was ever a case in which there exists doubts as to whether or not a bite occurred, this is such a case.

I implore you to intervene to ensure that justice is done. Poor Buddy has been impounded at ACS since Nov 2, 2013 - with his family DENIED access to visit him in spite of vistation hours listed on the ACS website!!! This is a family dog who has always been with his family since he was 6 weeks old and is now 6 yrs old........

Sincerely,

Advocates for San Antonio Pets

To sin by silence when they should protest makes cowards of men.

Ella Wheeler Wilcox


Read more at http://www.brainyquote.com/quotes/quotes/e/ellawheele135434.html#hudSgLumjMh6YvMQ.99
====================
copies sent to:
To: "Mayor.JulianCastro@sanantonio.gov" <Mayor.JulianCastro@sanantonio.gov>; Sheryl Sculley <citymanager@sanantonio.gov>
Cc: District1@sanantonio.gov; District10@sanantonio.gov; District2@sanantonio.gov; District3@sanantonio.gov; District4@sanantonio.gov; District5@sanantonio.gov; District6@sanantonio.gov; District7@sanantonio.gov; District8@sanantonio.gov; District9@sanantonio.gov; bmylar <bmylar@ksat.com>; "vtdavis@express-news.net" <vtdavis@express-news.net>; Callie Enlow <cenlow@sacurrent.com>; "GGarcia@express-news.net" <GGarcia@express-news.net>; NewsDesk@news4sanantonio.com; iwitness@kens5.com; letters <letters@express-news.net>

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01/04/2014
by Advocates for San Antonio Pets (ASAP)
Buddy's hearing is on Tuesday, Jan 7 - 9am -
Bexar County District Court
100 Dolorosa

Please find time to support Buddy's quest to stay alive by showing up in court. Please also contact the mayor, city managers, city council members, media to ask them to review the merits of this case and ask the city attorneys to see the photos of the child's injuries. The photos show injuries more consistent with scratches than bite wounds - there was no bruising or teeth marks and the wounds were vertical. Most bite injuries have long lasting bruising and swelling - there was no bruising on the photos taken at the ER and minor swelling.  Two weeks after the alleged bite, the child only had a small discoloration near her lip, with no bruising or swelling.

There is no positive evidence that Buddy bit the girl and ACS and the city would not allow a medical doctor or veterinarian to determine whether the injuries were caused by a bite or scratches from Buddy's nails when he jumped up on her. The ACS investigator never saw or interviewed the child and based her investigation entirely on photos. ACS "investigators", city attorneys and the judge need to be trained to better identify bite injuries vs injuries from scratches. Dog + child + broken skin + blood do NOT always equal a bite!

There is some doubt since the mother and Buddy's owner were within 2-3 ft of Buddy and the child, yet NEITHER witnessed Buddy biting the child!!! Both stated they saw Buddy jump up on the child. He may have interpreted her waving her hands and yelling to be an invitation to jump up and his nails (which needed trimming) may have caught on her face, causing the injuries. Humans are awarded the benefit of the doubt, why aren't our pets given that same right? WHY ARE ACS AND SAN ANTONIO'S CITY ATTORNEYS AND THE JUDGE SO EAGER TO SENTENCE OUR PETS TO DEATH WHEN THERE IS SO MUCH DOUBT INVOLVING THE CIRCUMSTANCES OF THE INJURIES?
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01/04/2014
by Advocates for San Antonio Pets (ASAP)
Buddy's hearing is on Tuesday, Jan 7 - 9am -
Bexar County District Court
100 Dolorosa

Please find time to support Buddy's quest to stay alive by showing up in court. Please also contact the mayor, city managers, city council members, media to ask them to review the merits of this case and ask the city attorneys to see the photos of the child's injuries. The photos show injuries more consistent with scratches than bite wounds - there was no bruising or teeth marks and the wounds were vertical. Most bite injuries have long lasting bruising and swelling - there was no bruising on the photos taken at the ER and minor swelling.  Two weeks after the alleged bite, the child only had a small discoloration near her lip, with no bruising or swelling.

There is no positive evidence that Buddy bit the girl and ACS and the city would not allow a medical doctor or veterinarian to determine whether the injuries were caused by a bite or scratches from Buddy's nails when he jumped up on her. The ACS investigator never saw or interviewed the child and based her investigation entirely on photos. ACS "investigators", city attorneys and the judge need to be trained to better identify bite injuries vs injuries from scratches. Dog + child + broken skin + blood do NOT always equal a bite!

There is some doubt since the mother and Buddy's owner were within 2-3 ft of Buddy and the child, yet NEITHER witnessed Buddy biting the child!!! Both stated they saw Buddy jump up on the child. He may have interpreted her waving her hands and yelling to be an invitation to jump up and his nails (which needed trimming) may have caught on her face, causing the injuries. Humans are awarded the benefit of the doubt, why aren't our pets given that same right? WHY ARE ACS AND SAN ANTONIO'S CITY ATTORNEYS AND THE JUDGE SO EAGER TO SENTENCE OUR PETS TO DEATH WHEN THERE IS SO MUCH DOUBT INVOLVING THE CIRCUMSTANCES OF THE INJURIES?
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01/03/2014
by Advocates for San Antonio Pets (ASAP)
Buddy's hearing is on Tuesday, Jan 7 - 9am -
Bexar County District Court
100 Dolorosa

Please find time to support Buddy's quest to stay alive by showing up in court. Please also contact the mayor, city managers, city council members, media to ask them to review the merits of this case and ask the city attorneys to see the photos of the child's injuries. The photos show injuries more consistent with scratches than bite wounds - there was no bruising or teeth marks and the wounds were vertical. Most bite injuries have long lasting bruising and swelling - there was no bruising on the photos taken at the ER and minor swelling.  Two weeks after the alleged bite, the child only had a small discoloration near her lip, with no bruising or swelling.

There is no positive evidence that Buddy bit the girl and ACS and the city would not allow a medical doctor or veterinarian to determine whether the injuries were caused by a bite or scratches from Buddy's nails when he jumped up on her. The ACS investigator never saw or interviewed the child and based her investigation entirely on photos. ACS "investigators", city attorneys and the judge need to be trained to better identify bite injuries vs injuries from scratches. Dog + child + broken skin + blood do NOT always equal a bite!

There is some doubt since the mother and Buddy's owner were within 2-3 ft of Buddy and the child, yet NEITHER witnessed Buddy biting the child!!! Both stated they saw Buddy jump up on the child. He may have interpreted her waving her hands and yelling to be an invitation to jump up and his nails (which needed trimming) may have caught on her face, causing the injuries. Humans are awarded the benefit of the doubt, why aren't our pets given that same right? WHY ARE ACS AND SAN ANTONIO'S CITY ATTORNEYS AND THE JUDGE SO EAGER TO SENTENCE OUR PETS TO DEATH WHEN THERE IS SO MUCH DOUBT INVOLVING THE CIRCUMSTANCES OF THE INJURIES?
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12/25/2013
by Advocates for San Antonio Pets (ASAP)
This heartfelt letter was sent to the editor of the Express News and published on Christmas Eve - please add your voice of support for Buddy by sending a letter to the editor and/or to the mayor and city council! Thanks!

http://www.mysanantonio.com/opinion/letters_to_the_editor/article/Your-Turn-Dec-25-5091026.php

 

Save Buddy

Re: “Due process a casualty in Buddy's hearing,” Gilbert Garcia, Dec. 13:

Please, Municipal Court Judge Daniel Guerrero, do not put Buddy down. Golden retrievers are not aggressive dogs. The child, by yelling in the dog's face, obviously scared the dog.

I had a big dog, and when kids ran toward her, I would tell them to keep away because children tend to step on dogs, yell at them and pull tails. Animal lovers think of the dogs as children, and what a horrible tragedy this would be for Buddy's 83-year-old owner.

Christmas is about love, caring and understanding. Please, Judge Guerrero, don't put Buddy down and please release him from that cold shelter cage and let him go home as soon as possible.

Ellen Herter


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12/20/2013
by Advocates for San Antonio Pets (ASAP)
John Bachman brought a couple of squeaky toys (shown in latest photo) to the City Council meeting on Thursday, Dec 19 and gave them to Kathy Davis, Director of ACS, who said she would be going to Brooks and would give them to Buddy. Kathy was kind enough to take a photo so that John can forward it to Buddy's family.
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12/19/2013
by Advocates for San Antonio Pets (ASAP)
Many people are asking about the back story - this is what we learned during the hearing under sworn testimony:

According to the testimony of the mother and the owner and what we pieced together - the mother and daughter live in the same apartment complex as Buddy and his owner. Buddy and his owner were walking to his car across the parking lot when they called out to Buddy by name, so they crossed over to where the mother and daughter were. Buddy was on a 6ft leash at all times. Buddy's owner started showing the little girl what a smart dog he was - sit, down, rollover, shake. It was when the little girl was supposed to offer her hand to shake that the incident occurred - at that time, the owner testified that he had hold of the leash about mid-way down for a length of 3 ft. The girl started yelling and waving her hands around Buddy's face and he jumped up on her. (We did not learn from the testimony what the girl was yelling - but we could speculate that she could possibly have been yelling "Shake!" and waving her hands around to get Buddy to extend his paw?) The mother and owner were standing within 2-3 ft from Buddy and the girl and both testified that they did not see Buddy bite the girl, just that he jumped up on her. From the photos displayed in court, there was a small cut below the right eye, a vertical scratch down her right cheek and a vertical gash at the corner of her mouth on the right side. These wounds are not consistent with bite wounds where there would be puncture/tearing or teeth marks or bruising and are more consistent with deep scratches. Not having been present when this occurred, we can only conjecture that the girl's yelling and waving her hands around caused Buddy to get excited and jump up on her and his long nails (owner admitted Buddy needed to get his nails trimmed) caught on her face. Seriously, how many of us have dogs that get excited and jump up on visitors??? I have one dog with long nails as she has very long quicks, so I have trained my dogs not to jump up on people, but then there are visitors who invite my dogs to jump up on them, much to my dismay! This is the most likely scenario, but the parents, ACS and the city are hell-bent on finding Buddy guilty of "serious bodily injury" and killing him. Buddy did injure the little girl and Buddy's owner is accepting responsibility for his dog's actions - but this seems more of an accident than an aggressive attack and Buddy does not deserve to die for this. We are all sorry the little girl sustained any injuries, but we do believe Buddy scratched her and did not attack her. He is not a dangerous dog nor is he aggressive. He's been locked away at ACS and is now at Brooks since Nov 1 and has not seen his family since. It seems incredulous to us that the ACS "bite investigator" cannot identify the differences between bite wounds and scratch wounds, nor does it seem anyone at ACS knows the difference - much less the city attorneys or the judge. The hearing was a mockery - it's sole purpose was to rubber stamp shoddy investigations by ACS and validate the city's position to get "tough" on "dangerous dogs" by prosecuting any "easy/slam dunk" case in which a dog causes blood to flow regardless of the context or circumstances! You know it's a farce when the city attorneys complain to the judge and demand the judge stop the defense attorney from rising to her feet when addressing the court and the witnesses! How petty can they get?????????
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12/18/2013
by Advocates for San Antonio Pets (ASAP)
UPDATE 12/19/13: In a surprising move, the City of SA actually filed a motion on Dec 16, 2013 (day before yesterday) to dissolve the restraining order. They set the motion for December 20th, when Buddy's attorney would not be available, and she managed to get it moved to January 7th. However, in making their motion, the city attorneys had to agree to move the current motion for TRO to January 7th as well. The city certainly seems to be in a hurry to execute Buddy and we need your help to ensure that his case is reviewed and heard without bias in District Court.

It is heartbreaking, but this means that poor Buddy will not have a chance to be reunited with his family for the holidays and will be kept behind bars for over 3 months (since Nov 1, 2013) before this next hearing.

Many thanks to everyone who has already made a donation, but we still have a long ways to reach our goal. If you are not able to make a donation, please help by sharing Buddy's story!




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