Call for Prosecution in Equine Starvation Case

Comal County Texas Horse Starved and the Failure of our System to follow through with Charges, life lost !

(First news story w/ vid, taken 1/20/11 @ 3:52 pm

http://www.woai.com/news/local/story/Residents-claim-horse-and-donkey-left-to-starve/8aK1Et1cuU6z_HlNPv3SrQ.cspx )

January 25th, 2011

Hello Everyone,

I need to update you on this horse who suffered tremendously for GOD knows how long. Starving, Thristy, Abandoned; all alone except for his trusted companion; the Donkey, who unfortunately has been brutalized with living the same fate.  These two best friends seen civilians come and go documenting, crying and helpless;  and then again and again trying to take action having to remain within the laws that WE must follow so we do not become the criminals and prosecuted for overstepping boundaries to help the starving, the neglected and the forgotten.  Weeks passed, Months passed still the compassionate people and the victims are patiently still waiting for OUR Law Enforcement to come, anyone to come; our good neighbors begging to save these lives before death sets in; final, and it has, now.

Abandonment is a form of death and not only are the victims here clearly abandoned, the people, the civilians who fought so very hard to be heard now have to live with knowing County of Comal, where many of us have called home for generations are not protected, not heard and no one can depend on laws or the folks who have taken an oath to SERVE AND PROTECT.  None of this happened, not even an ounce of trying.  This seems to be a lawless county, protecting the criminals;  this is happening everywhere.  We must send a clear message, now; before more die this cruel, long, painful inhumane death.

Why should we not be angered about this senseless abuse and finality of dying alone, starving and his last drink of water came from a MAN, a solid REAL MAN who gave "AMIGO" all the water he had, pouring it slowly down "AMIGO's" mouth as he lay there dying, within a few hours; "AMIGO" would be dead.  As we watched the video of AMIGO drinking, you could see he was desperate, thirsty and wanted to live. AMIGO wanted to get up yet he struggled for hours possibly days on the ground, while trying to get up there is now a circle encompassing his body from his hoofs clawing at the ground, circling his dead body is proof AMIGO wanted to get up, AMIGO wanted to live, he wanted to just simply LIVE.  Doesn't AMIGO deserve this ?  Didn't AMIGO and his companion the donkey, "JUSTICE" deserve water, food and an occasional HELLO ?  Yes they did, under State and Federal law they DESERVED the basic right of food, water and basic veterinary care: of which were all intentionally kept from them, resulting in extreme suffering and finally DEATH for "AMIGO".  We are unsure of the whereabouts or condition of  "JUSTICE", the best friend to AMIGO, the donkey who also was in the very same body score condition of AMIGO; yet stayed strong so he could look over his friend, "AMIGO", never to get up again.

The GOOD Civilians/Citizens of Comal County did call ALL Law Enforcement Agencies.  Why did they not step in after several complaints and Police Reports were filed ?   These GOOD, LAW ABIDING, COMPASSIONATE neighbors who, again and again TRIED to get help however each PLEA fell on deaf, uncaring ears of our very own Law Enforcement who ARE sworn to SERVE and PROTECT.

For the life of me, I can not see where is the justice here ?

I had taken the proper steps to find out the truth and wanting to give the County Officials the opportunity to give us there side of the story; they do say there are two sides to every story.  Well, I tracked down the Detective who was given the case to investigate after all of you called and insisted on a criminal investigation; as we are within our liberties to demand justice and the Agencies are mandated to investigate all angles on any criminal action; ANY, wether it is animals or humans.

I called Detective Phillips yesterday and left a polite message, waited and no return call so, I called again this morning and once again I was put into his voicemail and once again I left a polite message; just a bit firmer this time in requesting answers.  About an hour later I received a call from his superior:  Sergeant Tommy Ward.  Thank GOD I had Carrie Gobernetz on my house line on speaker and she heard the entire conversation between Sergeant Ward and I on my cell phone speaker; and what a Good Ole Boy conversation we had.

Sergeant Tommy Ward's tone right from the start was not very pleasant and he seemed irritated and put out.  I began my questions and he began a very defensive comeback on each and every question I had; viable questions that the PEOPLE who have been asking for help would want to know as well yet never given a chance to ask.  I did state that I have called the Prosecutor's office which in the video the Officer who FINALLY showed up claimed they are turning this over to the prosecutor's office; well, this seems to be untrue as well, the Sarg says this is an open investigation.  GREAT.  Now, here comes the kicker's:  "Their" vet says the horse died of old age, really?  How old is the starving donkey ?  "I don't know", he said.  Do you know the laws Texas have in place to protect horses from this sort of criminal abuse and sheer neglect ?  " They are considered Livestock", he says.  No, horses are not livestock, they are classified as companion animals.  But, even so I said, there are still laws that protect all of these animals to the basic's such as water, food, shelter and basic vet care.  He claimed that there three stock ponds on the property and each time HE went out they were FINE and there was food and water.  REALLY, I asked.  When did you entered the chained gated property; " I don't know".  OK, if the horse was 31 as you claim the vet says, why hasn't a vet come out to shoot or euthanize this poor old horse if he couldn't eat ?  This is basic vet care, who is the vet ?  " I don't know".  Then he says, "maybe we should shoot all the old people so they don't starve to death", "WHAT", I said.  This has NOTHING to do with human's except the human who has clearly criminally killed his horse.  How far into the investigation have you gotten, "we have a receipt from the Feed Store", so that proves he fed the horse and donkey ?  "YES", he said.  Ok, where are the bills from the Vet and the Farrier, "we don't have those".  Have you asked for them, "NO".  Isn't this part of the investigation I asked?  Considering basic vet care is a state law.  I asked why hasn't an arrest warrent been issued, especially when you personally called the owner of the property and he failed to meet you at there to open gates and answer to what has happened ?  "We are still investigating".  What exactly are you investigating?  You don't even know the laws Federal and State which have been ignored obviously by the owner and now the Law Enforcement Team.  "You show me where it says he has broken any laws".  With pleasure I said, what is your email:

Blah Blah Blah.  I have included my email to him which I copied to several of our friends who will help find justice.

There is so much more to this phone call, but I am giving you the jest of the BS and the run around all of which I refuse to let go of and I will NOT let AMIGO or JUSTICE fall victim once again to a Good Ole Boy system in Texas.  Some wonderful friends, old and new have now formed a justice seeking GRASS ROOTS EFFORT to bring everyone answers and we will stop at nothing short of a conviction.

AMIGO and JUSTICE now has a family of supporters who will not rest until we see the person(s) responsible for this cruelty answering to any and all charges in a court of law.  I am including all the contact info and videos for my friends to stand with me and make this awful wrong RIGHT; for JUSTICE and AMIGO.  They need your calls to the Comal County Sheriffs Office, to the Sergeant and to the Prosecutor who is assigned this "DEATH BY CRIMINAL NEGLECT CASE" !  Please, help us to help these voiceless sweet companion creatures, they need every COMPASSIONATE HUMAN to speak up.

Please let me know when you call and what has been said so I can keep an accurate documentation of any and all contact; annabell81824@aol.com

Thank you everyone for your love and your compassion for those who need us most. R.I.P. AMIGO, you will never be forgotten-

Angela Miller Valianos

Here is my email to the Sarg and to other sources:

Dear Sgt. Tommy Ward;

I am including the investigative reporters video logs and Case Law including State of Texas and Federal Laws which have been clearly broken.  I will be available to discuss this case at any time.  Please understand my position is to make sure that cases such as this do not get lost in the files/system because some personally feel horses are a substandard species, which is where you stand from what my partner and I gathered from our conversation.  Our personal opinions have no place in the laws we are to follow and the laws that are supposed to be upheld within our system.  My personal opinion has not been asked for nor offered because my job is going by the law to the best of my ability.

When someone breaks the laws, even if they are unaware of laws being broken; this is no excuse.  When several complaints were filed and follow up or failing to take any steps towards saving or defending the victims in question laws were clearly broken by the alleged owner and by the Department sworn to uphold these laws.  Avoiding to investigate this case to the fullest is not what our system has placed laws on the books for, we are all responsible in taking all measures to follow and enforce any and all laws; the citizens who made repeated complaints did what the law expects of them; now it is in the hands of the Comal County respective division to make this case and file criminal charges.  There is no reason that I can find why charges and an arrest has yet to be made.

I am interviewing ALL the neighbors, and I am filing a FOIA on all the complaints that have been filed with your office.  We intend on sending a very clear message that this cruelty and obvious starvation is unacceptable and the laws that are on the books to protect the victims should not be altered to protect the criminals.  Animal abuse leads to other accounts of abuse towards children and women; this we all know to be true. 

In addition, we are requesting an autopsy be performed on the victim to scientifically calculate the true reason of death.  This will help the prosecution make and receive a conviction on their case.  If we need to call in The Attorney General's Office in order to ensure this case is followed through with and every angle has been pursued we would be more then happy to initiate the proceedings; Please advise if this is what we need to do.

You claimed that you have not seen the video's with date and time stamp by an investigative reporter, I am including these along with State and Federal Laws broken.  Since you have claimed to me that you have never seen the video's, I am respectfully requesting you add them to your OPENED Case currently under Investigation.  We also have witness' who will verify they have made numerous complaints about this criminal starvation.  Allegedly Mr. Richard Hartenstine has clearly starved BOTH the horse and the donkey in question; the ages are irrelevant.  Unfortunately, the horse died a very cruel grueling long death; which by all of my accounts and neglect cases this may very well have been avoided if the Comal County Sheriff's Dept. had followed through; knowing the laws.  Below are our facts backed up with evidence and the laws. 

Please let me remind you, we will not let this case be shuffled or lost; we will insist on an arrest and conviction, as long as it takes.  We intend on sending a very clear message, with or without the Sworn Officers complete review of this case.  Once communication stops I will step aside and allow the bigger organizations to step in; and at that point I will have no control over how far this goes in the media.

My TEAM will be following through with all necessary leads pertaining to this case.  I do hope you will find our volunteers are only in this to give the victims a name and get justice; nothing more and nothing less.

Thank you for taking the time to call, I am positive we will speak again.

Angela Miller Valianos

annabell81824@aol.com

H.A.L.O.S.

PLEASE NOTICE TIME STAMPS BETWEEN FIRST VIDEO AND SECOND !

SECOND with UPDATE:

Taken/Published 1/21/11 @ 7:35 AM

http://www.woai.com/news/local/story/UPDATE-Starving-horse-has-died/s2xfrpvDYkqH8va5BXORiw.cspx

Texas' own LAWS: 

 %uFFFD 821.021. Definition

In this subchapter, %u201Ccruelly treated%u201D includes tortured, seriously overworked, unreasonably abandoned, unreasonably deprived of necessary food, care, or shelter,... ......cruelly confined, or caused to fight with another animal.

CREDIT(S)

Acts 1989, 71st Leg., ch. 678, %uFFFD 1, eff. Sept. 1, 1989.

http://www.animallaw.info/statutes/statestatutes/stustxset.htmSee

Chapter 821 Texas Health & Saftey Law that helps protect the horses.

https://www.spca.org/fannincounty011911

http://www.spca.org/Page.aspx?pid=316

FEDERAL COMPANION ANIMALS:

http://www.aphis.usda.gov/animal_welfare/publications_and_reports.shtml

http://www.aphis.usda.gov/animal_welfare/hpa_info.shtml

CASE LAW, STARVATION, LOVED or JUST OLD ??? 

http://www.youtube.com/watch?v=LH6C1ByLzdM

http://www.kristv.com/news/orange-grove-horse-abuse/

http://www.pet-abuse.com/cases/11807/TX/US/

I have included the above to prove that even in Texas, separate Counties, horses ARE protected companion Animals.

Animals Angels is a very respected Humane Welfare Group supported solely off donations.  This case following is only one of hundreds that we have all partaken in.  Although this footage and case law is based on this short investigative film; the laws pertain to ALL horses slaughter bound or not:

http://www.youtube.com/watch?v=H7A_nIqZxns&feature=fvw

CONTACTS:

INFORMATION FOR COMAL COUNTY FOR CONTACT:

Comal County Sheriffs:

Investigating Officer

830-620-3400

Detective Phillips, EXT 2074

Sargeant Tommy Ward

830-620-3400

Libby at the Prosecutor's Office:

830-221-1300

Comal County Criminal District Attorney

......

Welcome to my office website. I hope you find it informative and helpful. Please feel free to contact my staff or me with your questions, thoughts or concerns.

Criminal District Attorney:
Jennifer Tharp

Chief Civil Prosecutor:

Chief Felony Prosecutor:

Sammy McCrary

Chief Appellate Prosecutor:

Sam Katz

Chief Misdemeanor Prosecutor

Mel Koehler

150 N. Seguin Ave., Suite 307
New Braunfels, Texas 78130

Phone: 830-221-1300
Fax: 830-620-5599

or 830-608-2008

Office Hours:

Monday through Friday

8am 5pm

And if the police and/or the prosecutor fail to do their job (as did the cold-hearted vet who exaimed the horse while he was still alive, laying prostrate on the ground but left him there to die) they can ALL be sued for failure to perform their duty; http://www.drtomoconnor.com/3010/3010lect08a.htm
and, depending on the outcome of this case, we will certainly persue our legal recourses....what else can we do?