Attorneys/Judges
| Judge(s): | William McGrath |
Dog-fighting - 10 dogs seized
Ramona, CA (US)Incident Date: Saturday, Apr 5, 2008
County: San Diego
Charges: Felony CTA
Disposition: Alleged
Alleged: Raul A. Leyva
Case Updates: 1 update(s) available
A Ramona man accused of raising pit bulls for dog fights was ordered Monday to stand trial on one felony charge and a misdemeanor count.
Enough evidence was presented against 34-year-old Raul Leyva in a one-day preliminary hearing to support charges of possession of dogs for fighting purposes, a felony, and operating an unlicensed kennel, Judge William McGrath ruled.
The judge said a 16- by 16-foot piece of carpeting -- stained with dog blood and found in a raid by the county Department of Animal Services in April 2008 -- provided "overwhelming circumstantial evidence against the defendant."
Eric Sakach, a law enforcement specialist with the Humane Society of the United States, testified at the hearing.
"Carpeting is used as a floor ... as a component of the dog fighting pit or arena, which gives the dogs traction while they're fighting," he said.
Together with a document showing a training regimen for dogs being prepared for fights, exercise equipment, vitamins and injuries to 10 pit bulls seized in the raid, Sakach said it appeared Leyva was involved in dog fighting in "a major way."
Half the dogs had "significant scarring, scarring that would be consistent with dog fighting," Sakach testified.
Kathy Conwell, a county animal services officer, said the dogs were very friendly with people but not toward each other -- a trait typical of fighting canines. They also weighed less than pit bulls that weren't trained for fighting, she said.
All the dogs were eventually euthanized.
Richard Stratton, who has written four books about the breed and attended hundreds of dog fights, testified for the defense that none of the evidence on their own showed that Leyva was raising pit bulls for fighting. The same items were typically used for raising canines for show purposes, Stratton said. He also said the scars on the dogs could be coincidental. "Pit bulls are active dogs, they tend to get nicked up a bit," said Stratton, who conceded he has always testified for the defense when appearing in about 10 animal-related court cases.
Leyva, who is free on bond, was ordered to return to court Oct. 13 to receive a trial date.
Case UpdatesThe 2008 dog fighting case against a Ramona resident was delayed June 28 and trial is set for Aug. 30 in El Cajon Superior Court.
Raul A. Leyva, 35, disputes the charges filed against him in 2008 and has waived his right to have a speedy trial. He is accused of one felony count that alleges he possessed a dog with the intent to use that dog for dog fighting and with a misdemeanor count of failure to obtain a kennel license.
Leyva’s attorney, Vikas Bajaj, said in an earlier interview the dog in question was one that Leyva did not own, but was keeping temporarily for someone else. Animal control officers from San Diego County raided Leyva’s home on Boundary Avenue on May 14, 2008, and seized 10 pit bull terriers.
The prosecution had filed other misdemeanor counts of failure to obtain a dog license, vaccination and mistreatment of animals, but those counts were dismissed in a preliminary hearing in 2009.
Leyva has pleaded not guilty and remains free on his own recognizance. | Source: Ramona Sentineal - Jul 7, 2010
Update posted on Jul 21, 2010 - 5:07PM |
References« CA State Animal Cruelty Map
« More cases in San Diego County, CA
|
