Prosecutors said they intend to try Ms. McMurrey on the four counts separately. She faces up to one year in jail and a $4,000 fine on each Class A misdemeanor charge.
Wilson said he received cruelty to animal complaints against Ms. McMurrey by the Society for the Prevention of Cruelty to Animals of Texas.
On Aug. 22, 2003 Wilson, Dave Garcia, SPCA of Texas director of humane law enforcement and rescue services, a Smith County sheriff deputy and two representatives from the Smith County Health Department visited the animal sanctuary, located at 11804 Texas Highway 110 North. The owner consented to give them a tour of the facility and during a second visit that day, signed an agreement form Garcia gave her, detailing steps she needed to take to upgrade PAWS and better care for the dogs, Wilson said.
On Sept. 5, 2003 the group returned but the facility was allegedly in no better shape. Again, Ms. McMurrey agreed to take the officials on a tour of the compound. At no time was she read any rights because she was never detained, Wilson said.
She was free to leave or ask them to leave at any time, although Wilson said he had probable cause to arrest her for cruelty to animals.
On Sept. 11, 2003 the former constable did arrest Ms. McMurrey for the charges and he read her her rights. He and Garcia seized the 198 dogs.
Defense attorney Sten Langs-joen said his motion to suppress certain information was warranted if there was any evidence of custody and interrogation during the visits.
But Assistant District Attorney Brent Ratekin disagreed. He said Ms. McMurrey was not under arrest during the first three visits and gave the group consent to tour the public place.
About 198 dogs, most of them suffering from mange, starvation or illness, were taken to Dallas by SPCA officials to be treated and adopted by families.
Ms. McMurrey voluntarily gave up custody of the dogs a few days after her arrest. A restitution hearing that could have determined if Ms. McMurrey would pay SPCA for money it has spent caring for the animals was canceled because the group received donations to pay the $20,000 it had incurred in treating them, SPCA media relations manager Anita Edson said.
The dogs were moved from flea- and tick-infested conditions, many in cages too small, to adoptive homes. SPCA officials remained at the PAWS facility for more than a week, treating the dogs before moving them to shelters in Dallas where they were adopted. Case UpdatesThree animal cruelty charges against a Smith County woman have been dropped after questions arose about an investigator. District Attorney Matt Bingham says SPCA investigator David Garcia might not have been honest with prosecutors when he was asked if he had a criminal history.
Bingham learned of Garcia's criminal history a few weeks ago. The prosecutor declined to elaborate.
The SPCA told local news that Garcia plans to retire this month.
Nearly 200 neglected dogs were seized from Julia McMurrey in 2003. She called her animal rescue facility P.A.W.S. Around the Planet.
The three charges were dropped this week.
Defense attorney Joel Baker wants a prior animal conviction against McMurrey thrown out. Bingham believes the conviction will stand on appeal. | Source: Waco Tribune Aug 5, 2005
Update posted on Aug 7, 2005 - 1:37AM |
A mistrial was declared Wednesday in Julia F. McMurrey's second cruelty to an animal trial after a hung Smith County jury deliberated about six hours.
Ms. McMurrey was on trial for not providing proper care and treatment to a dog - one of hundreds seized from her now-defunct rescue facility.
She was tried for the second of four cruelty to an animal charges brought against her by the state. The case is set to be tried again on May 18, 2005.
Assistant District Attorneys Brent Ratekin, Keith Downs and Stacy Cunningham represented the state, while Joel Baker defended Ms. McMurrey. Prosecutors have said they intend to try her separately for all four charges. | Source: Tylerpaper.com - April 27, 2005
Update posted on Apr 28, 2005 - 9:03PM |
Julia F. McMurrey was convicted Thursday of cruelty to an animal for not providing proper care and treatment to a black female dog - one of hundreds seized from her now-defunct rescue facility.
The defendant was convicted of the Class A misdemeanor after a jury deliberated for about an hour in County Court-at-Law Judge Floyd Getz's court. She was sentenced to 180 days in jail after the same jury deliberated for 30 minutes.
Tiki, the animal abused in the case, was one of 198 dogs seized from PAWS Around the Planet in 2003 by the Society for the Prevention of Cruelty to Animals of Texas and local law enforcement.
Dave Garcia, vice president of affairs for SPCA, testified he felt he needed to give the dog, which had the worst case of tick infestation he had ever seen, a "safe haven" for the rest of her life. He adopted her.
Pictures taken in 2003 showed a thin Tiki with ears full of ticks and a skin condition some said was mange. They were compared to pictures taken this week, which showed a healthy dog with a shiny coat.
Veterinarian Linda Watson testified that the large amount of ticks on Tiki could cause anemia and a large amount of blood loss that, without a transfusion, could have resulted in the dog's death.
Ms. McMurrey, who began PAWS in 1997, testified that her passion in life is still animals. The intention of PAWS was to take on animals that were no longer wanted and to try to find them permanent homes.
People continuously "dumped" dogs, some of which were in poor shape, on her property. But Ms. McMurrey said she believed in euthanasia only as a last resort. She said she fed and watered the dogs every day, and worked long hours to clean and maintain the 10-acre lot that housed more than 300 dogs.
But Garcia and law enforcement testified that the facility and the dogs were in horrible conditions.
Garcia said he observed dogs eating dead animals, decomposing dogs in cages, dirty water and other unacceptable living conditions at PAWS. He outlined ways Ms. McMurrey could correct the problems and she agreed to comply within two weeks. But when they returned, it appeared only the grass had been mowed.
Within 10 days of the SPCA gaining control of the dogs, all of Tiki's ticks were gone.
The remaining dogs were also treated and taken to shelters, where 60 percent of them were adopted.
Ms. McMurrey said she received Tiki from the local shelter, which couldn't adopt him out because she was part pit bull. She said she had treated the dog for her ticks, but the animal had become reinfected and was being treated again.
In 2003, because of a lack of funding and an increased number of dogs, Ms. McMurrey said she no longer could take in new dogs, but people continued to dump them. She also could no longer afford to spay or neuter them.
She said there were always things on her property that needed improvement, but she would not say it was unsanitary.
Garcia testified that on his first visit to PAWS on Aug. 22, 2003, he asked Ms. McMurrey to allow him to take a lethargic puppy for medical treatment, but she said no. The puppy later died. Ms. McMurrey testified that Garcia wanted to take the puppy to be euthanized and she wouldn't allow that.
Sue Whiteside and Jan Offerle both testified they helped the defendant with her operation. They each said they saw Ms. McMurrey take good care of the dogs and worked hard to maintain the property.
Tyler veterinarians Doyle Starnes and Leonard Venhaus testified they provided services to Ms. McMurrey at times, offering discounted rates for vaccinations and to spay and neuter the dogs.
Venhaus said he couldn't tell whether Tiki's living conditions were unsanitary from the pictures, but said it appeared the dog was treated for ticks.
Gayle Helms, executive director of the Humane Society of Smith County, said she had a record of 53 dogs that were impounded by an animal control officer and reclaimed by Ms. McMurrey through the years.
Former Smith County Constable Charles Wilson earlier testified that he trapped some of Ms. McMurrey's dogs that were getting into neighboring properties and took them to the shelter.
Ms. Helms said PAWS did acquire dogs from the Humane Society that were unadoptable, but were worth saving.
Smith County sheriff's Deputy Gory Loveday, former Precinct 4 Constable Charles Wilson and Environmental Health Director Brenda Elrod from the Northeast Texas Public Health District each described the "unsanitary" conditions they witnessed at the PAWS facility, 11804 Texas Highway 110 North, after they received complaints of strays running loose in neighboring pastures and malnourished dogs.
Ms. McMurrey voluntarily gave up custody of the dogs a few days after her arrest on Sept. 11, 2003.
Assistant District Attorneys Brent Ratekin, Keith Downs and Stacy Cunningham represented the state, while Joel Baker defended Ms. McMurrey, who has been charged with four counts of animal cruelty.
Prosecutors have said they intend to try her separately for each charge. | Source: Tyler Morning Telegraph - March 31, 2005
Update posted on Apr 1, 2005 - 10:16AM |
The East Texas woman accused of animal cruelty at her pet rescue in Smith County took the stand in her own defense today.
Julia McMurrey, owner of "Paws Around The Planet Animal Rescue" said she gave the dogs food daily, checked their water and gave them medical treatment when needed.
When asked specifically about the dog "Tiki" who was tick infested and very thin, McMurrey claimed she gave her necessary and successful treatment. "It worked, the ticks were dying," she said.
Dave Garcia with the SPCA said the treatment allegedly offered to "Tiki" was not working, and that his staff fixed her tick infestation in just a matter of days. Something McMurrey could have easily done as well.
Garcia also said his heart went out to "Tiki" because she was one of the worst cases he had ever seen.
"In 23 years I never adopted any animal when I was involved in a rescue, but I felt I needed to give safe haven to her for the rest of her life," said Garcia.
McMurrey's fate is now in the hands of a jury. She could face up to a year in jail if found guilty. | Source: KLTV - March 30, 2005
Update posted on Mar 30, 2005 - 10:37PM |
The woman who ran "Paws Across The Planet Animal Shelter" in Smith County is now on trial. Julia McMurry faces 4 charges of animal cruelty.
In September of 2003, the SPCA rescued hundreds of dogs from her rescue including a dog named Tiki.
Today's hearing dealt specifically with Tiki's condition. Tiki's ears were so full of tick's, they could not lay flat. During opening statements, prosecutors described the overall conditions at "Paws Across the Planet Rescue."
"Dogs, a vast majority covered with mange. You will hear how there were 300-320 dogs with lack of water and lack of food," says Brent Ratekin, ADA.
The defense opted not to give opening statements, but, may decide to at a later time. The trial will continue tomorrow. | Source: KLTV - March 29, 2005
Update posted on Mar 30, 2005 - 2:18PM |
Prosecutors said they intend to try Ms. McMurrey on the four counts separately. She faces up to one year in jail and a $4,000 fine on each Class A misdemeanor charge.
Her first trial is set to begin Tuesday in County Court-at-Law Judge Floyd Getz's court.
Former Smith County Precinct 4 Constable Charles Wilson said he received cruelty to animal complaints against Ms. McMurrey. On Aug. 22, 2003, he, Dave Garcia, SPCA of Texas director of humane law enforcement and rescue services, a Smith County sheriff deputy and two representatives from the Smith County Health Department visited the animal sanctuary, located at 11804 Texas Highway 110 North. The owner consented to give a tour of the facility and during a second visit that day, signed an agreement form Garcia gave her, detailing steps needed to upgrade PAWS and better care for the dogs, Wilson said.
On Sept. 5, 2003, the group returned but the facility was allegedly in no better shape. On Sept. 11, 2003, he arrested Ms. McMurrey for the charges. He and Garcia seized the 198 dogs, most of them suffering from mange, starvation or illness.
Ms. McMurrey voluntarily gave up custody of the dogs a few days after her arrest. A restitution hearing that could have determined if Ms. McMurrey would pay SPCA for money it spent caring for the animals was canceled because the group received donations to pay the $20,000 it had incurred in treating them, SPCA media relations manager Anita Edson said.
The dogs were moved from flea- and tick-infested conditions, many in cages too small, to adoptive homes. SPCA officials remained at the PAWS facility for more than a week, treating the dogs before moving them to shelters where they were adopted.
Assistant district attorneys Brent Ratekin and Stacy Cunningham are representing the state while Joel Baker is defending Ms. McMurrey. | Source: Tyler Morning Telegraph - March 28, 2005
Update posted on Mar 29, 2005 - 12:49PM |
| McMurrey's trial will likely be delayed, a county court-at-law judge said Tuesday. The defendant's first trial was set for Feb. 8 but Getz said he did not believe attorneys would be prepared by then because of the number of witnesses and experts involved. He said a status hearing would most likely take place at that time instead. | Source: Tyler Morning Telegraph - Jan 11, 2005
Update posted on Jan 14, 2005 - 8:34AM |
There will be a hearing on Tuesday, 9/16/03 to determine a final custody disposition on the animals. The dogs will remain at the site until they can be placed in several animal shelters. Authorities couned 198 live dogs. SPCA officials have stopped trying to count the number of dead animals on the property. It is impossible to tell how many animals are there. There are piles of decaying carcases all over the property.
McMurrey has been charged with only 1 count of animal cruelty to date.
The investigation so far shows that McMurrey appeared to sleep in a 10x10 foot room on a pallet on the floor with about 20 dogs.
It is believed that McMurrey is a hoarder rather than an animal rescuer. Many of the dogs at P.A.W.S. Around the Planet are pregnant. Many of the dogs suffer from starvation, mange and illness. | | Update posted on Sep 15, 2003 - 11:31AM |
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