Update - Three Teens Torture Dog to Death
Posted on 2007 under Animal Advocacy, Burned-Set on Fire, Crimes Against Canines, Just Sad :(, Laws & Legislation, News & Updates, Torture, Youth Abusers |21 Sep
In the story that has galvanized the nation and the world, the brutal torture killing of a 5 month old chihuahua mix puppy, Tobey, by three teens, 12, 14 and 16, it’s highly unlikely that the punishment that is being called for by shocked, angry and hurt people will come to fruition.
Since this horrific crime occurred, County Attorney Elizabeth Murray-Kolb’s office has been besieged by letters, faxes and email from people worldwide asking, pleading and begging that the three boy be prosecuted under the new Texas animal cruelty laws which went into effect on September 1 that could sentence them to ten years in prison.
Although Kolb said that she will do her best, she also said that it’s would be difficult to prosecute them under a new law that was not in effect when the crime took place.
The law doesn’t give Murray-Kolb any option: the law in effect at the time the offense allegedly occurred is the law that must be applied to the prosecution.
“What not everyone understands is that we are not allowed to do that unless specifically told by the legislature,” Murray-Kolb said. “We must go by the laws that are in effect at the time the crime occurs. That goes for the Code of Criminal Procedure (which sets out rules for prosecution and trials), the probation rules, whatever. They’re to be followed pending upon the date of the offense, and we’re bound by that law.”
“We believe it’s in their best interest and in the community’s best interest to have them stay right there,” Kolb said.
The teens, ages 12, 14, and 16, could be put in jail until they turn 19, if they are convicted under charges of animal cruelty resulting in death.
A petition that was written by my friend and fellow Care2 member, Anita Solomon, has garnered over 14 thousand signatures to date. It was introduced on this site on September 2, just days after this crime was committed and at the time it called for prosecution under the new law but, Solomon, understanding the restraints that Kolb is under by law, has amended the original wording.
Solomon said. “We’ve become very aware of, and deeply appreciative of the county attorney’s actions in this case. I know that all who sign this petition stand supportive of the job her office is doing.”
“When an animal is abused and killed in such a horrific manner, it is understandable the general public wishes to express feelings or feels the need to sign a petition as their way of contributing to or supporting authoritative efforts,” Solomon said. “This affects a lot of people, including the family and the county attorney, and we’re all behind them.”
“We’re not here to cause harm or make a big deal of it, but our outrage is a support to the family and the prosecutors,” Solomon said. “We’re hurting, too, and we not only want to share the pain, but share our support.”
Please, if you haven’t already, take the time to read and sign the petition.
In the Tribute to Tobey, I brought you the song that was written by English musician, Maria Daines in memory of Tobey.
Anita also kindly contacted her good friend, Maria Daines, who wrote the song for Mercy, to write a song for Tobey, and she did! I’m sure you’ve heard Maria’s song for Mercy too.
TOBEY’S SONG
I heard about you
And my eyes filled with tears
I’m still shocked by life
After all these years
I’m still in denial
I’m still broken up
How can children murder
An innocent pup?
And where lies the answer?
And where lies the blame?
And how can you measure
A puppy’s pain?
And where are the leaders?
And those who can teach?
And why is compassion
Just out of reach?
Tobey was precious
Tobey was loved
Now angels cradle
His soul up above
And we who remain
We must fight every day
To save the voiceless
And keep them safe
Cos Tobey was precious
Tobey was loved
Now angels cradle
His soul up above
© Maria Daines/Paul Killington
All Rights Reserved
(mcps) ASCAP
1st September 2007
You can listen to and download the song HERE
Anita, thank you so very much for all your hard work to bring justice to those who cannot speak for themselves and thank you, Maria, for the beautiful and touching song.
There are so many people who daily think of poor Tobey and hope that he gets the justice he so deserves.
Source - KSAT, Seguin Gazette
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by Michelle, on September 21 2007 @ 3:32 pm
Thanks for the update on the case involving a little dog named Tobey who has found his way into so many hearts throughout the US and the World.
I’m very discouraged by this latest update.
At a bare minimum, we would like to see these “criminals” put in jail until they are 19 without chance for parole. Even that is a slap on the wrist given the violent nature and suffering caused in this most monsterous of all crimes….
After these ‘boys’ turn 18, we would like to see each of their names and faces widely published for all to see. Nobody should be doing anything to ‘protect’ these so called boys who are a disgrace to all humanity and the animal kingdom alike.
A question: Is there NOTHING at all that can be done to further appeal to the State Legislature to convict under the new much improved and harsher law? Can we not organize ourselves to protest loudly to lawmakers demanding justice for Tobey? I am not even from Texas but I will tell you this….I will personally come to Texas if we can organize a large formal protest in admonition of the new much harsher animal cruelty law. We ought NOT give up so easily! We must fight to send a message loud and clear..we will NOT as a civlized nation EXCEPT such blatant cruelty under ANY circumstances.
Any thoughts on that??? Imagine thousands of marchers protesting on behalf of Tobey………..holding his picture high…singing Tobey’s song. Please think about it…we should really really do this and it will NOT be forgotten by anyone for a very long time and make a lasting impression.
JUSTICE FOR TOBEY…please.
by Admin, on September 21 2007 @ 3:53 pm
Michelle, trust me, I feel your frustrations in this along with those of so many other people who want justice for this sweet little puppy who was so cruelly murdered.
After you left your comment earlier I spent quite a bit of time reading and researching and see no way, no matter who is appealed to, to change the law. They will not be prosecuted under the new law. Most likely, at best, they will be under detention until they are 19.
The following is from the Seguin Gazette article I noted above…
We can only hope that the system is strong enough to rehabilitate these boys if there is even a chance to do so. Personally, I seriously question it!
I have little doubt that there will be demonstrations if there is a trial. I wish something more could be done but when you are talking juveniles offenders, the law tends to hold out for rehab more than retribution/punishment. I am not sure even if they would be charged under the new law had it been in effect due to their ages.
Sadly I fear the most ‘justice’ we can hope for is that these little monsters are kept under lock and key as long as the law is able. I wish I could offer more but after the reading and research, there is just no more to offer.
by Michelle, on September 21 2007 @ 4:19 pm
Hi thanks for your further research on this case. I greatly appreciate it as I’m sure many people.
On a positive note to this sad story, we should all be very grateful that the perpetrators WERE CAUGHT. I cannot imagine someone finding Tobey in ‘that condition’ and us all forever wondering “WHO” did it and if they would ever be caught.
Just as important, we must all be very grateful and appreciative to the “good Samaritan” who was ‘alert enough’ and ‘cared enough’ to call the Police concerning “suspicious activity”. Although I assume this person has remained “anonymous”, our sincere thanks to them for DOING something positive to make a difference.
Finally, at the risk of being cliché…. an ounce of prevention is worth a pound of cure…let’s all take this as one more VERY difficult lesson learned and protect our pets just as we would protect our children.
Keep your eye on your beloved pets when they are outdoors and do NOT let them out of your sight. Prevention is an excellent deterrent in combination with TOUGH laws. Let’s not make it any easier for those ‘fiends among us” to get their hands on our precious animals….just as we would protect our families, let’s protect our animals too.
Looks ARE deceiving…but the reality is…it’s a dangerous world….let’s not allow those we care about to become another sad statistic.
by Lucky, on September 22 2007 @ 2:27 pm
i’m ashamed to say i live only about 20 miles from where this happened.
we drove over there, there is a trailer park in the middle for farm country,
the abandoned house is accross the street from the park, the weeds are about
6′ tall, how anyone saw this happening is beyond me, but i’m glad they
did. i still have nightmares about that house.
if this should go to trial, you bet i will be there. i was going to hand deliver
the petition but it was decided it would be better not to because of the
comments made by Ms. Kolb. they are well aware of the petition & the world
wide knowledge of this crime. lets just hope that she can deliver just
punishment.
by Michelle, on September 22 2007 @ 3:03 pm
Thanks for your comments and your description of the area where this “abomination” took place. It makes me ever more appreciative of the fact they were “caught in the act” but so sadly “much too late” to save Tobey.
Can you imagine the looks at their faces when they were caught…. bloody-handed?! These little “verim” really believed they would ‘get away with it’….imagine how scary THAT would have been ???
I strongly believe this was NOT their first victim..they already had a taste of it…and they wopefully witere now ‘escalating’……it is incumbent upon the ’system’ and society to ensure they can NEVER EVER do this again.
I personally would very much like to attend the trial..let’s sincerely hope THIS GOES TO TRIAL. If ever an animal abuse case warranted a trial..this IS the one…
I live in Connecticut and will gladly take time off from work to witness this very critical event.
by Don Knots, on September 24 2007 @ 11:30 pm
The dog was an anoyying yapper, a roddent, and it deserved what it got. It’s sad, but this is an example of over-zealous animal loving nuts who care more about stupid animals than the lives of children. The boys must and will go free to live their lives, but they MUST be required to attend to constant physciatric and pyschological therapy for years to assure that this sort of violence does not progress. Most of the postings that I have read so far have only indicated that the boys should be drawn and quartered, which is barbaric for any person to say about another.
by Admin, on September 25 2007 @ 7:18 am
For anyone to be able to say that any living creature deserved the horrendous torture that that poor puppy was put through is an annoying and sick person. As for anyone saying that the boys should be drawn and quartered, people are angry over their barbaric behavior.
A ‘person’ who could do something like this or condone has got some real problems, and that’s putting it mildly. Those boys are and most likely will continue to be a danger to society. For them to be able to do something so obscene at their ages show that there is something missing in their makeup and when something that intrinsic to a person’s nature is missing, I don’t see a little therapy bringing it back!
by California, on September 25 2007 @ 12:08 pm
To Don Knots:
Your comment was disgusting. You said the dog derved this because he was a yapper.
No innocent creature that is at the mercy of humans to love them deserves this violence.
Babies cry, kids can be annoying and dogs can bark. People need to resepect their innocence
and not violate them. This behavir is not okay.
We need stronger laws to send this message so people like you GET IT.
by Lucky, on September 25 2007 @ 12:52 pm
To Don Knots
How do you know the dog was a yapper? Are you friends with these monsters?
Comments like yours is what makes us dislike the human race even more. there is NO reason that this “baby” deserved what they did, they did it for pure enjoyment.
Let us hope you or your family are not their next victim, because there will be a next victim.
by Michelle, on September 27 2007 @ 5:29 pm
Folks: Clearly ‘Don Knotts’ is looking for attention and a reaction from everyone. Ignore him and if he comes ‘back’ again. .
by Michelle, on October 9 2007 @ 4:25 pm
Hi Deanna, just wondering if there has been any status update on the case concerning our “beloved” departed Tobey.
As tough as it always is to hear about scenarios of animal cruelty, this one by far, has been the “hardest story for me”. If only..we could turn back time knowing what we now know….if only….
Specifically, I’m wondering was has happened to those three “boys” (I really hate to call them boys because I consider them “fiends”). Are they ’still in detention and when is their case expected to go to trial? I really need to see justice come out of this one. ..For the LOVE OF THE DOG…Thanks.
by Admin, on October 9 2007 @ 5:32 pm
Michelle,
With there basically being a ‘gag order’ on, who knows when we’ll hear anything at all on this. It’s very frustrating because people want to know what is going on but the legal system is more worried about ‘protecting the right of the criminals’ than anything. Probably the fact that they’re ‘children’ has the biggest thing to do with it. For now there’s a media blackout basically. Wish I could tell you more.
Deanna
by Lucky, on October 13 2007 @ 11:33 pm
Is there any way to find out what is going on with this with the gag order in place? I have not seen or heard anything on TV.
by Admin, on October 14 2007 @ 6:52 am
Sorry, Lucky, wish there were because there are many people who are interested in this and exactly what is going to happen. If you do hear anything at all since you are in the ‘area,’ please feel free to let us know.
D.