Posted on 06/21/2011 7:48:51 AM PDT by Rightly Biased
MCQUEENEY - 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 A. 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."
What an ignorant post.
If you have a bitch in heat, it is your responsibility to keep her in an area that no male dog can enter.
Or spay her.
Had this a$$hole shot MY puppy, he never would have made it to trial.
Male dogs will come from MILES around to try to breed a female. They will go right through a board fence and actually CLIMB anchor fence.
For that matter, a bitch with some initiative will do the same. I have a little yellow Lab who's built like the proverbial brick necessary. When she was in season, she put her head down and broke through two boards in the back yard fence in order to get out (I was right behind her and nabbed her as she escaped. She went into the covered pen for the duration of her time. And then we replaced the fence.)
If Hooter didn't get this girl, some other male dog was going to. This guy's an idiot. And mean, too.
Breeding his pure bred dog? What the Hell was his dog doing out or accessible while in heat?
If he doesn't want the pups he can sell them, give them away or send them to the pound. If he does, then it is his decision and expense to keep them.
“it is your responsibility to keep her in an area that no male dog can enter.”
So if you have unsecured valuables on your property you won’t complain when the “animals” come and take it? It’s your fault.
And why stop at a bitch in heat? How ‘bout having to fence your property to keep others from trespassing otherwise it’s not trespassing? Oh, then a higher fence. Oh, then underground barrier to prevent burrowing. In fact if you cannot prevent access to your property you have no right to defend it. How’s that sound? Because that’s what your saying.
Same with your car downtown. Didn’t remove your stereo or have locking lug nuts? “Too bad, your fault, don’t file a complaint in this precint buddy.”
“Everyone knows....” you have no property rights.
Ignorance indeed!
Pedigreed, documented bred dog. I don't find recessive gene expression to be "pure".
I think the owner did a fine job controlling Hooter from coming onto his property and attacking his dog ever again.
So, did he get charged with “Impersonating a Law Enforcement Officer?”
My nephews dog, when it was still alive, got loose and raped a neighbors little female dog, so she said. He had to pay the $950.00 vet bills, plus the court fees, that is why, I put in when it was alive.
That was pretty good...
“Breeding his pure bred dog? What the Hell was his dog doing out or accessible while in heat?”
Exactly. Males from miles around will do anything, ANYTHING, to try and get to her. She should have been confined indoors or spayed.
The point being that owners are responsible for controlling and confining their animals from other’s property. Hooter was neither confined or controlled, while the other dog was.
People do not have free reign over their neigbors’ property.
Hooter’s owner is soley responsible for creating the incident and the man should sue.
No, but the SWAT Team hired him on the spot.
I was surprised it took 29 posts to make that observation.
:^)
I know some young girls who attract the same attention.
My neighbor down the street had one. Guys were hanging around here walking the street and crossing the field.
I guess one of them got to her she delivered in May.
Baby daddy-—unknown.
Yup. Your post was indeed ignorant. You are comparing animals that live by instinct with humans that do not.
Males dogs can smell a female in heat for miles away. If he valued the dog it should NOT have been left unattended while in heat. If he had left his keys in his car and his possessions on his front lawn you would not be defending his stupidity.
“You are comparing animals that live by instinct with humans that do not.”
Lol, too easy! Yeah, that’s right, and guess what? The animals and their instincts LOSE vs. the humans.
Do you really believe animal instincts trump human rights? That’s what I’m seeing in your reasoning.
Sorry, but a person’s property rights take precedence over animal “rights” whether it’s their instint or not.
The laws have been so codified that the old issue of animals vs. property rarely comes to the forefront anymore. But this is a good opportunity to revisit the rationale.
I’m surprised the DA even charged him. Perhaps because he went to her property to apprehend the dog. But I think he’ll walk on the propety defense issue and the ‘heat of the moment’ ; )
Actually, no.
Do you really believe animal instincts trump human rights?
It's not a case of human rights. Dogs know NOTHING about property rights. They only know instinct.
How to Handle Your Pet when She Goes in Heat
And watch out for the male dogs, they will literally come out in full force from far and near distances. Cats can smell the scent from about a mile, while dogs can smell the scent from three miles away. I remember one time when our female dog was in heat we had what seemed like a pet daycare around our house there were so many dogs. Not to mention the cunning, and sometimes, aggressive actions of male dogs and even your pet. One male dog actually jumped through our window to get to our pet in heat.
This guy was lucky that he didn't find 20 dogs in his yard and his female dead because of the battles. This man did NOT use "ordinary care" to protect his "in heat" dog.
Sorry, but a person’s property rights take precedence over animal “rights” whether it’s their instint or not.
The guy should have spayed his female or protected her better. Laws won't stop a dogs instincts and this guy is an idiot.
I’d be upset about my female purebred being ruined too but not this way.It is the dog’s instinct to breed a female in heat.It was up to him to keep his female from being allowed to do this by watchign her when she is in heat.He could’ve waited untilt he pups came and then filed suit against her for lost money from the pups and also enough to replace his breeding dog since she could no longer have purebreds after this.
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