Sheriff’s office dealing with increase in animal cruelty seizures

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Gonzales County Sheriff Keith Schmidt asked county commissioners last week for guidance in dealing with an increase in animal seizures his department has encountered in recent months.

The Gonzales County Sheriff’s Office has seen an uptick in cases where animals — including horses, pigs and cattle — have been seized due to being mistreated or malnourished. A number of factors have contributed, including drought conditions and higher costs for feed and those costs get transferred onto Schmidt’s department when they must confiscate animals and care for them until a court can decide their fate.

“The way it is set up right now, we have to come back to the court and say, ‘Okay, we've got this many horses, and this is what we're trying to do with them. Or we got one calf and one pig and these horses’” Schmidt said at the Nov. 28 meeting.

“I was gonna ask if it's possible that you would allow us — instead of having to come back every time to commissioner's court with ‘this is what we're needing this manner, this is what we're going to do with these horses’ — that you would approve us to do whatever we can, the very cheapest that we possibly can to try to get rid of these horses, you know, whether we can give them away or whatever we do with them.”

“It's turning into a real pain through this drought. We've got 11 horses or so we picked up the other day plus one calf and two pigs. If we need to come back to y'all, we can do that, gentlemen, but then we would have to catch you at the next Commissioners Court, which may mean that we have to keep these animals for a few days longer,” Schmidt added.

Under Section 821.022 of the Texas Health and Safety Code, if a peace officer has reason to believe an animal (or animals) has been subjected to cruel treatment, that officer may apply to a justice court or magistrate for a warrant to seize the animal (or animals).

Last month, GCSO Deputy Rachael Barber submitted a probable cause affidavit to Judge William Old, who issued a search warrant, while Precinct 4 Justice of the Peace Jesse Almaraz issued a seizure warrant and notice of hearing for 12 horses, two pigs and a dairy cow that were under the care of a female Gonzales County resident.

The Gonzales Inquirer is not naming the individual from whom the animals were seized as this was not a criminal case, but an administrative divestiture hearing that carried no criminal penalties or charges. The individual had not been charged with any crime under the Texas Penal Code as of the Inquirer’s press deadline.

On Friday, Nov. 18, following a two-hour hearing, Gonzales County Precinct 1 Justice of the Peace Deidra Voigt found that the resident had “cruelly treated the animals” and ordered that individual be divested of all ownership interest and right to the animals.

Five of the horses were found to belong to other individuals, with one horse (Molly) being returned to its rightful owner, Candice Clay of La Grange, while the other four horses (Arrow, Buckskin, White Blaze and Dark Brown) were to be returned to their rightful owners once their identities had been verified by the Gonzales County Sheriff’s Office.

The other seven horses, two pigs and a dairy cow were ordered to be placed under the control and care of GCSO until a licensed veterinarian could examine the animals and determine a recommendation for disposition. The remaining animals would then be “given to a nonprofit animal shelter, pound or society for the protection of animals or any recommendation” by the veterinarian, according to Voigt’s order.

Voigt found the defendant liable to pay $4,195 in estimated costs incurred by GCSO for care and treatment of the animals. The individual then had 10 days to appeal the judgement by the court, subject to an additional $4,200 estimated cost for care and housing of the impounded animals during the appeal process. However, Voigt said the individual did not file an appeal before the Nov. 28 deadline, so the judgement is now final.

County Auditor Becky Weston told Schmidt that if the animals “technically are county property, then the court has to approve donating them, by law, to agencies,” implying Schmidt would have to get the court’s approval each time animals are seized and awarded to the county.

Precinct 3 Commissioner Kevin La Fleur asked why the horses couldn’t be handled similarly to estrayed cattle, which can be sold through an auction 14 days after they are rounded up if no one claims them. A deputy responded that these animals were “not estrayed” but were instead involved in an animal cruelty case, which makes them fall under different laws for how they must be handled.

“We’re hoping to give them to a nonprofit or something where we get them to pay all the bills or get somebody else to cover all our expenses (for the animals),” Schmidt added. “It’s beginning to turn into a real problem.”

County Attorney Paul Watkins said the animals could not be sold or donated until after the appeal deadline passes because the owner retains the right to appeal.

“Just figuring out who the proper owners are is gonna take us some time because I mean, they've been flipped a lot,” Schmidt said. “There's no VIN number on horses, so you know, how do I prove that that's your horse? How do I know you didn't sell it?”

Commissioners decided it was best to individually deal with these cases whenever the animals officially become county property after all matters of ownership are decided.

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