Attorneys/Judges
| Defense(s): | Frank Suhr | | Judge(s): | Dwight Peschel |
Dog dragged into street and shot by neighbor
Mcqueeney, TX (US)Incident Date: Monday, Nov 1, 2010
County: Guadalupe
Charges: Felony CTA
Disposition: Alleged
Alleged: John Allen Mueller
A McQueeney man who allegedly shot a dog in front of its elderly owner last November appears in court Tuesday in a case that has sundered a decades-long relationship between two families and divided a neighborhood.
John Allen Mueller, 58, allegedly shot Frances Martella's Labrador retriever mix, Hooter, in a rage after returning home from work just after 5 p.m. on Nov. 11, 2010, and finding it in the act of breeding his own pure-bred female.
Mueller, 58, faces a felony animal cruelty charge along with a misdemeanor disorderly conduct allegation for discharging a firearm.
A pre-trial conference has been set before 25th Judicial District Judge Dwight Peschel on Tuesday. So far, no trial date has been set.
If convicted, Mueller faces up to two years incarceration in a state jail and a fine of up to $10,000 on the cruelty allegation.
Martella and her son, Ross, who reported the incident to authorities on Nov. 29, say the dog's death came as the woman, age 70, was tying it to a gate back in her own yard - with Mueller reportedly dragging it out into the street, shooting it in the head and then throwing it into the back of his truck. Ross Martella said he was shocked when his mother recounted the incident.
"When she described what happened and the dog [having spasms] on the ground after it was shot, I'm sure she was in shock as anybody would be to see your dog like that," Martella said.
"You'd think, 'My God!' I think that it runs deeper for that man than the dog thing. There's got to be something else bothering him."
Guadalupe County Sheriff's Sgt. J.C. Batey investigated the incident after Martella reported it. According to Batey's report, Hooter had found his way into the neighbor's yard before.
The report said Mueller cussed at the woman and grabbed the animal as she was fastening it to the fence, hauled it out into the street about halfway to his truck and shot it with a rifle.
The Guadalupe County grand jury convened March 7 indicted Mueller, and he was booked into county jail on March 15, posted a personal recognizance bond of $15,000 and was released pending trial.
Mueller's attorney, Frank Suhr of New Braunfels, does not comment on his clients' cases while they are pending, and advised his client not to talk to news media.
Ross Martella says he's glad Mueller will have his day in court.
"We'll see what happens. We'll see if that's an appropriate thing to do in a civilized society like ours. They need to do that," he said. "My wife's afraid to bring our two dogs over there for fear one might get in his yard and he might shoot it. We can't live like that. It's always been a quiet neighborhood and everyone's always gotten along there."
No more.
"My mother's felt like she's always gotten along with her neighbors and now she feels like all of that's gone down the drain," Martella said. "Her neighbors are behind her, and that's the important thing. Both of her daughters-in-law are behind her, and I'm behind her 100 percent."
Martella said his mother doesn't like to cause problems, and is very worried.
"The longer this goes on, the worse it is for my mother," he said. "She's 70 years old and she lost her husband five years ago. She doesn't need this."
The entire situation has been draining and uncomfortable, he added.
"She feels terrible about the dog. She feels terrible about John," Martella said. "She's known the Muellers her whole life and she's known John his whole life. We got along great. It's just killed her that this is ruining a friendship between the two families that's been around for many, many years." References |
