searkkennels
08-08-2005, 08:54 AM
Texas SPCA officer quits
August 6 2005 at 1:14 PM
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ponchochat
--------------------------------------------------------------------------------
Dallas Morning News
Texas SPCA officer quits
Dallas: Animal cruelty case dismissed on news of VP's criminal
history
07:18 PM CDT on Friday, August 5, 2005
By KIM HORNER / The Dallas Morning News
A well-known animal cruelty expert has resigned from the SPCA of
Texas after his criminal background recently surfaced and led to the
dismissal of an East Texas case involving 198 dogs.
Dave Garcia, vice president of operations of the Dallas-based
Society for the Prevention of Cruelty to Animals of Texas since
2001, will retire at the end of the month, according to the SPCA. He
did not return calls seeking comment.
Mr. Garcia, 53, was known from media appearances involving animal
cruelty cases and from training law enforcement officers nationwide
about the problem. His resignation comes days after Smith County
District Attorney Matt Bingham dismissed three animal cruelty
charges against Julia McMurrey, the former operator of Paws Around
the Planet ranch in Tyler.
The district attorney received anonymous information, which was
confirmed, that Mr. Garcia has a criminal background including
several arrests for driving while intoxicated in Texas, Missouri and
Arizona plus a rape and kidnapping conviction in Arizona in 1973.
Mr. Garcia was paroled in the rape and kidnapping case in 1976.
Mr. Bingham said he dismissed the charges against Ms. McMurrey
because of ethical concerns about using Mr. Garcia as a witness. He
said Mr. Garcia told a prosecutor that he had no criminal history.
"If he's not honest in answering that question, then he could
falsify something else, or change his answer to fit the situation,"
Mr. Bingham said.
Joel Baker, attorney for Ms. McMurrey, said he and his client were
pleased that the case was dropped. Ms. McMurrey was convicted of one
animal cruelty charge in March, nearly two years after the SPCA
seized 198 dogs, some infested with ticks and sores, some with
severe cases of mange, and some pregnant or sick, according to the
SPCA. A second case against Ms. McMurrey ended in a mistrial. The
third case, now dismissed, was to combine three counts of animal
cruelty.
Ms. McMurrey denies treating animals cruelly and said she was
rescuing animals that were mistreated, Mr. Baker said. He said they
are appealing the first conviction and will argue that Mr. Garcia,
also a witness in that case, was not credible in the earlier case
because of his criminal background. Mr. Baker said he did not know
of Mr. Garcia's criminal background until the information surfaced
in court.
"We wish we had known earlier about his criminal history," he
said. "It's my belief if we had known of his criminal history to
begin with they may not have prosecuted Ms. McMurrey."
Mr. Baker added that the SPCA worked to get donations by having Mr.
Garcia "plastered all over the media doing raids with the help of
law enforcement."
"If he's a convicted felon, he's not a credible person," he said.
James Bias, president of the SPCA of Texas, said he still believes
Mr. Garcia would make a good witness. He added that Mr. Garcia is
well-regarded in the animal welfare community and that law
enforcement officials speak highly of him.
"I think that he certainly stands out as a credible expert when it
comes to animal cruelty issues," he said.
Mr. Bias said he was willing to support Mr. Garcia if he wanted to
stay at the agency. But he said the animal cruelty expert was mostly
leaving for other reasons.
"I'm sure this weighs heavy on him, certainly. But I think it's
probably just that doing this type of work, as long as he has been,
played a bigger factor," he said
August 6 2005 at 1:14 PM
wickedgames (Select Login wickedgames)
ponchochat
--------------------------------------------------------------------------------
Dallas Morning News
Texas SPCA officer quits
Dallas: Animal cruelty case dismissed on news of VP's criminal
history
07:18 PM CDT on Friday, August 5, 2005
By KIM HORNER / The Dallas Morning News
A well-known animal cruelty expert has resigned from the SPCA of
Texas after his criminal background recently surfaced and led to the
dismissal of an East Texas case involving 198 dogs.
Dave Garcia, vice president of operations of the Dallas-based
Society for the Prevention of Cruelty to Animals of Texas since
2001, will retire at the end of the month, according to the SPCA. He
did not return calls seeking comment.
Mr. Garcia, 53, was known from media appearances involving animal
cruelty cases and from training law enforcement officers nationwide
about the problem. His resignation comes days after Smith County
District Attorney Matt Bingham dismissed three animal cruelty
charges against Julia McMurrey, the former operator of Paws Around
the Planet ranch in Tyler.
The district attorney received anonymous information, which was
confirmed, that Mr. Garcia has a criminal background including
several arrests for driving while intoxicated in Texas, Missouri and
Arizona plus a rape and kidnapping conviction in Arizona in 1973.
Mr. Garcia was paroled in the rape and kidnapping case in 1976.
Mr. Bingham said he dismissed the charges against Ms. McMurrey
because of ethical concerns about using Mr. Garcia as a witness. He
said Mr. Garcia told a prosecutor that he had no criminal history.
"If he's not honest in answering that question, then he could
falsify something else, or change his answer to fit the situation,"
Mr. Bingham said.
Joel Baker, attorney for Ms. McMurrey, said he and his client were
pleased that the case was dropped. Ms. McMurrey was convicted of one
animal cruelty charge in March, nearly two years after the SPCA
seized 198 dogs, some infested with ticks and sores, some with
severe cases of mange, and some pregnant or sick, according to the
SPCA. A second case against Ms. McMurrey ended in a mistrial. The
third case, now dismissed, was to combine three counts of animal
cruelty.
Ms. McMurrey denies treating animals cruelly and said she was
rescuing animals that were mistreated, Mr. Baker said. He said they
are appealing the first conviction and will argue that Mr. Garcia,
also a witness in that case, was not credible in the earlier case
because of his criminal background. Mr. Baker said he did not know
of Mr. Garcia's criminal background until the information surfaced
in court.
"We wish we had known earlier about his criminal history," he
said. "It's my belief if we had known of his criminal history to
begin with they may not have prosecuted Ms. McMurrey."
Mr. Baker added that the SPCA worked to get donations by having Mr.
Garcia "plastered all over the media doing raids with the help of
law enforcement."
"If he's a convicted felon, he's not a credible person," he said.
James Bias, president of the SPCA of Texas, said he still believes
Mr. Garcia would make a good witness. He added that Mr. Garcia is
well-regarded in the animal welfare community and that law
enforcement officials speak highly of him.
"I think that he certainly stands out as a credible expert when it
comes to animal cruelty issues," he said.
Mr. Bias said he was willing to support Mr. Garcia if he wanted to
stay at the agency. But he said the animal cruelty expert was mostly
leaving for other reasons.
"I'm sure this weighs heavy on him, certainly. But I think it's
probably just that doing this type of work, as long as he has been,
played a bigger factor," he said