2018 ANIMAL CRUELTY REPORT DALLAS, TEXAS

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1 2018 ANIMAL CRUELTY REPORT DALLAS, TEXAS Introduction In the summer of 2018, animal advocates approached Dallas city council with concerns over the volume of calls regarding cruelty to animals within the City of Dallas and how that volume translated into investigations and criminal charges. At the time of the campaign, advocate analysis showed that more than 4,000 calls for cruelty or neglect had been made to the City, yet only ten criminal charges had been filed. Hundreds of advocates spoke at City Hall, visited with their council members, sent s, made phone calls, or attended budget town-hall meetings to express their support for funding a Cruelty Unit within the Dallas Police Department to ensure crimes against animals were being more professionally addressed. In October, 2018, as a result of advocate efforts, the City of Dallas implemented changes to their cruelty reporting and response process. The 2018 Animal Cruelty Report provides an overview of animal cruelty data for the City of Dallas as well as a discussion of changes made by the City of Dallas along with outlining the work that remains to be done ANIMAL CRUELTY REPORT, DALLAS, TEXAS 1

2 Overview An analysis of data related to reports of animal cruelty, animal cruelty investigations, and prosecutions was conducted using publicly available data by Dallas Animal Services, Dallas Police Department, Dallas County District Attorney, and SPCA of Texas. Open Records obtained from Dallas County Justice Court Precinct 1-Place 2 are also included. Dallas Animal Services responded to 4,559 reports of cruelty by Dallas citizens 1,076 animals were impounded at Dallas Animal Services as a direct result of a report of cruelty The Dallas Police Department responded to 75 animal cruelty complaints SPCA of Texas investigated 1,134 reports of cruelty through 3Q animals were impounded by the SPCA of Texas as a result of reports of cruelty from the Dallas citizens 11 civil seizures warrants were issued to remove animals from alleged cruel conditions 20 criminal animal cruelty cases against 18 defendants were filed by the Dallas County District Attorney 2018 ANIMAL CRUELTY REPORT, DALLAS, TEXAS 2

3 Background Neighbors alerted animal advocates early Saturday morning, May 26, 2018, to a fawn and white pit-bull pup lying dead on Dowdy Road. He had been executed by gunshot to the head and thorax. Advocates scanned his body and found a microchip connecting him to the Garland Animal Shelter. The red, white, and blue leash used to walk him out of the Garland Animal Shelter hung loosely around his neck. His name was Titan. The body lay less than seven yards from a City of Dallas surveillance camera. Repeated calls by advocates to 911 were refused. Calls to 311 resulted in the arrival of Sanitation who sought to remove the body for disposal in the local landfill. Advocates sent Sanitation away and began escalating the call through City Hall. Titan was adopted from the Garland Animal Shelter on May Titan was found executed on Dowdy Ferry Road May 26, Through a prior relationship with the Dallas Police Department, advocates were able to call 911 again and escalate the call, which resulted in a police officer and Dallas Animal Services being dispatched. Animal Control immediately recognized the need for an investigation and secured the crime scene. An Animal Control officer called the SPCA of Texas, who is contracted to investigate animal cruelty for the Dallas Police Department, but, the SPCA of Texas refused to come to the scene. The Dallas Police Department opened an investigation. For some reason, authorities miscommunicated between groups and a request to review the video surveillance camera was not pursued for more than five days. Since the City surveillance cameras delete the oldest footage with each new photo, by the time the camera was checked, all video from May 26 was gone. The multiple agencies involved in this call led to miscommunication and lack of response to the scene of Titan s execution. The lack of process and accountability led to a conversation with Deputy Mayor Pro Tem Adam Medrano who stated support for an Animal Cruelty Unit tasked with coordinating all response and investigations for animal cruelty. The organization, Just Save the Dog, was formed to garner public support for DMPT Medrano s efforts ANIMAL CRUELTY REPORT, DALLAS, TEXAS 3

4 In July 2018, Just Save the Dog rallied Dallas animal advocates to support funding for an Animal Cruelty Unit within the Dallas Police Department that is transparent, accountable and, collaborates with the community. Just Save the Dog Advocates attend D6 & D2 Budget Town Hall With Deputy Mayor Pro Tem Medrano (D2) and Councilmember Narvaez (D6) Advocates spoke at City Hall, attended town hall meetings, held private meetings with their council members, and wrote s, and made phone calls to Council. On August 17, 2018, City Staff published a memo outlining changes they would make to address animal cruelty. The memo states (language in italics is taken directly from the Memo) the purpose of staff changes are. to reduce animal cruelty offenses and prosecute offenders in the City of Dallas (and)..more actively investigate cases involving animal fighting, animal cruelty and other forms of violence committed against animals. The memo goes on to outline the actions that the City will take to achieve their stated purpose: Dallas Police Department (DPD) will be selecting two detectives to serve as animal cruelty investigators. and In addition, changes are being implemented in both 911 and 311 to provide better service when calls are received involving possible animal cruelty. In November 2018, under the leadership of Deputy Mayor Pro Tem Medrano, and Council Members Grayson and Narvaez, a Cruelty Task Force was convened to review the changes the City promised to undertake. Dallas Animal Services and 311 implemented a new cruelty code in the 311 reporting system. That code now appears in the Dallas Animal Services open data portal for field service calls when a citizen reports cruelty ANIMAL CRUELTY REPORT, DALLAS, TEXAS 4

5 Further, the Dallas Police Department assigned two detectives to investigate animal cruelty. Those detectives were placed at the Southeast substation. However, they are not dedicated detectives and are subject to the direction of their commanding officer based upon the needs of the department ANIMAL CRUELTY REPORT, DALLAS, TEXAS 5

6 Reports of Animal Cruelty to Dallas Animal Services Prior to October 2018, Dallas Animal Services did not have a category to code public calls for cruelty. Instead, they used a variety of codes such as Animal In Distress, Police Assist, Investigation, Negligence, Gross Negligence, and Assist. For the purposes of determining to what extent animal cruelty was being reported by citizens in the City of Dallas between January 2018 and September 2018, we have chosen the designations of Negligence and Gross Negligence. To the extent that these calls were not for actual cruelty we feel that the numbers will balance themselves out across categories wherein actual cruelty was reported under a different category. In October 2018, Dallas Animal Services began using the designation ANILAOCR with subcategories such as 311, Critical, Sick/Injured, Weather and Welfare Check to indicate the nature of the cruelty complaint. This new categorization method will help determine the levels of staff, resources, and intervention approaches needed in specific areas of the city to combat abuse and neglect. In 2018, 4,559 calls for cruelty were reported to Dallas Animal Services. Regardless of how the calls were categorized, the rate of calls from citizens for cruelty and neglect remained steady throughout 2018, with a noticeable drop in calls only in the months of March and April ANIMAL CRUELTY REPORT, DALLAS, TEXAS 6

7 Dallas Animal Services Animal Cruelty Activities by Month As a result of animal cruelty reports, 1,076 animals were brought to the shelter. Reports of Animal Cruelty and Animal Intake as a Result of a Cruelty Complaint per Council District While District 4 and District 7 had the greater number of cruelty reports, District 8 had the highest volume of animal intake as a result of a cruelty report. The new categorization of calls for cruelty as ANILAOCR provides a data snapshot of cruelty in the City of Dallas that both the City and advocates can agree upon. As the City continues to compile this data, advocates can use the information to design outreach and plan more appropriate and targeted methods of rescue support ANIMAL CRUELTY REPORT, DALLAS, TEXAS 7

8 Reports of Animal Cruelty to the Dallas Police Department In 2018, seventy-five cases of animal cruelty were reported to the Dallas Police Department; only eight arrests were made. The charges leading to the eight arrests are unclear but, it appears they are not cruelty-related offenses, as only one arrest as a result of a Dallas Police Department investigation was accepted by the Dallas County District Attorney for prosecution for animal cruelty in Other arrests leading to prosecution for cruelty may not yet be reflected in the Dallas County District Attorney s open data portal. A graph depicting animal cruelty police incidents by council district is set forth in the chart below: Reports of Cruelty to the Dallas Police Department, ANIMAL CRUELTY REPORT, DALLAS, TEXAS 8

9 Reports of Animal Cruelty to the SPCA of Texas Data related to cruelty reported to the SPCA of Texas were obtained from the SPCA of Texas website at: SPCA of Texas Animal Cruelty Investigations for the City of Dallas, TX At the time of this report, the SPCA of Texas had not yet published their 4Q18 data. The SPCA of Texas operates its own call center to receive reports of cruelty from citizens in seven north Texas counties. In 2018 the SPCA of Texas was under agreement with the City of Dallas to investigate animal cruelty cases. However, the SPCA of Texas asserts that it is not subject to open records, therefore, a breakdown of SPCA of Texas calls for cruelty, investigations and arrests by council district are not available ANIMAL CRUELTY REPORT, DALLAS, TEXAS 9

10 Civil Seizure Warrants Filed for Animal Seizures in the City of Dallas In 2018, the SPCA of Texas filed all civil seizure warrants for cases of suspected cruelty in the City of Dallas. A total of 11 civil seizure warrants were filed and 104 animals were seized; seven animals were deceased. Cruelty was not found in two instances and the judge returned those two animals to their owner after seizure. Three civil seizures went on to be filed as criminal animal cruelty with the Dallas County District Attorney. Civil Seizures for Animal Cruelty City of Dallas, 2018 The report of civil seizure warrants filed by SPCA of Texas for the seizures in the City of Dallas was obtained by Justice of the Peace Precinct 1 where SPCA of Texas filed all of their seizure warrant applications and all dispositions hearings are held ANIMAL CRUELTY REPORT, DALLAS, TEXAS 10

11 Animal Cruelty Cases accepted by the Dallas County District Attorney for Prosecution The report of criminal cases filed for prosecution was obtained using the Dallas County open data portal ( ). Be advised that while an offense may occur in one month, it may take many months before a case is accepted by the Dallas County District Attorney for prosecution. The data presented below reflect cases filed by the date that the Dallas County District Attorney open data portal indicates acceptance of the case. Criminal Animal Cruelty Cases Filed by Dallas County District Attorney For Offenses Occurring in the City of Dallas, 2018 Of those charged with a crime of animal cruelty, 11 have prior criminal histories including: Evading arrest Prostitution Graffiti Assault (family violence) Possession of marijuana DWI Theft Assault Burglary of a habitation Stalking Possession of drug paraphernalia Possession of an unlicensed weapon. Criminal trespass 2018 ANIMAL CRUELTY REPORT, DALLAS, TEXAS 11

12 Conclusion The City of Dallas has made progress in amending its 311 call database to reflect reports of cruelty from citizens and the Dallas Police Department has risen to the challenge by assigning two detectives to respond to cruelty calls. However, much work remains to be done to bring the City of Dallas response to animal cruelty to a level of professionalism comparable with similarly sized cities. For example, Harris county, which is twice the size of Dallas, has twelve officers assigned to investigate cruelty. In 2017, Harris County filed 219 cases of cruelty. By comparison, the city of El Paso, roughly half the size of Dallas, has six officers assigned to investigate cruelty. In it s first three quarters of operation, they filed 14 cases of cruelty. In December 2018, after the second meeting of the Cruelty Task Force, it became clear there are fundamental misunderstandings of Texas law and the roles and jurisdictions of the groups participating in cruelty investigations. In an effort to define the roles and responsibilities of the participants per Texas law, minimize cost to the City of Dallas, and clarify the process of investigating animal cruelty cases, and management of evidence, Just Save the Dog made the following broad-stroke recommendations to city staff: 1. Removal of cruelly treated animals should be done via a civil seizure warrant. Civil seizure warrants can only be requested by DAS and/or DPD. 2. DAS shall refer all animal cruelty cases to two dedicated criminal cruelty officers at DPD. 3. SPCA of Texas, or any other contracted animal welfare organization, may transport, shelter and care for seized animals. 4. DPD shall perform all investigations of criminal animal cruelty. 5. DPD shall be responsible for crime scene management, evidence acquisition, and evidence management. The recommendations above reflect a starting point for the development of a first-class animal cruelty response, investigation, and prosecution team. Once clear lines of responsibility are agreed upon, additional tasks can be added to provide a greater depth of service. City staff originally believed that there would be no cost to the city to incorporate management of animal cruelty cases into the workload of the Dallas Police Department. Upon review of Texas law, the volume of cruelty calls to the City, and the process of response to cruelty calls, it became clear that Dallas Animal Services would require additional staffing and funds to carry out their legal functions and duties in support of cruelty investigation and response. City management has demonstrated a lack of understanding of the scope of duties 2018 ANIMAL CRUELTY REPORT, DALLAS, TEXAS 12

13 of Dallas Animal Services as provided under Texas state statute and the need for a response from Dallas Animal Services as reflected in the number of annual cruelty report from Dallas citizens. There is a need for city management to re-visit the question of animal cruelty, the duties of Dallas Animal Services under state statute to address cruelty within our city, and to draft a rational, researched budget to meet the demand for this critical animal control function. Work remains to be done in the area of Dallas Animal Services response and process with regard to animal cruelty. Dallas Animal Services, through their field services, is the designated firstresponder to citizen reports of cruelty and neglect, and, Dallas Animal Services, as the animal control agency for the city of Dallas, is granted authority under Texas state law to seize animals suspected of being victims of abuse or neglect under a civil seizure warrant. Therefore, Dallas Animal Services has the moral and legal responsibility to seize animals being held in conditions of neglect, torture, cruel confinement and other conditions constituting cruelty under Texas law. To the extent Dallas Animal Services needs funding to perform this function, staff should undertake an analysis of the needs of Dallas Animal Services and propose an appropriate budget ANIMAL CRUELTY REPORT, DALLAS, TEXAS 13

14 A Word to Advocates Whereas, in 2017, two criminal animal cruelty prosecutions were filed as a result of advocate investigation and reporting, in 2018, only one criminal prosecution was filed as a result of advocate investigation. Between 2017 and 2018, a very concerted effort to discredit, marginalize, silence, fine and even threaten advocates was initiated and persists to this day. However, advocates should be mindful of all we have accomplished: A noticeable decrease in loose, stray and dumped dogs in the Dowdy Ferry Area, primarily due to the work of the Dowdy Ferry Animal Commission. Where previously no process existed to report cruelty with any confidence that an appropriate response would ensue, the city is now building an animal cruelty reporting process and collecting data of cruelty reports is available to the public. This data will assist advocates in targeting their investigative and outreach efforts. Two detectives within the Dallas Police Department are now solely responsible for investigation of animal crimes. This will be easier to track the progress of investigations and address gaps in services. A marked increase in criminal charges brought to the District Attorney after the Just Save the Dog campaign began in July 2018, indicates that the voice of advocates is critical in obtaining justice for Dallas animals. There are significant gaps and unknowns in the city s response to animal cruelty. There are serious questions of legality in the processes they have discussed to investigate cruelty complaints. Continued attention will need to focus upon the execution of specific cases, their transition to criminal prosecution and the types of populations in which the majority of seizures and cruelty prosecutions occur. At the time of this writing, Dallas Animal Services remains resistant to performing the function of civil seizure granted to them under Texas law. By the social media comments of the Dallas Animal Advisory Commission Chair, it appears that city staff will be doubling-down on their efforts to minimize the work of Dallas Animal Services with regard to cruelty. Dallas Animal Services animal control officers are the first line of defense for our Dallas Animals. With the limited resources of the Dallas Police Department, it is unrealistic to expect the newly appointed cruelty detectives to focus on neglect cases that are traditionally managed by animal control. Instead, the efforts of the Dallas Police Department cruelty detectives should be focused upon cruelty occurring in relation to aggravated violence, drugs, prostitution, domestic violence and gang activity. City management is choosing to focus the work of animal control officers on picking up loose dogs and return them to their owners, leaving our Dallas animals vulnerable and voiceless ANIMAL CRUELTY REPORT, DALLAS, TEXAS 14

15 A Council and Mayoral election in Spring 2019 puts animal issues at risk for the City of Dallas. Advocates stand to lose many council members who have been a consistent voice for Dallas animals and who are well-versed in City and State animal law. Advocates will need to be aggressive and proactive in bringing our animal issues to the forefront of these candidates. Candidates should be educated on State and City animal law, the demand for services as demonstrated by data, and expectations of advocates. Should Dallas Animal Service take up their legal responsibility to perform civil cruelty seizures, they will need funding and advocates should be prepared to support any such funding request by working closely with council, council candidates, and mayoral candidates ANIMAL CRUELTY REPORT, DALLAS, TEXAS 15

16 A Statement About Cruelty in the City of Dallas The City of Dallas has a long way to go in perfecting their response to animal cruelty complaints and advocates have much work to do in understanding the dynamics of abuse, neglect, local and state law. The vast majority of the 4,559 reports of cruelty in the City of Dallas fall in a black hole on the spectrum between violation of city animal code and state cruelty laws. The City can only attend to those issues that violate City and State law; the rest is up to advocates. The majority of loose dog complaints, dog bites, cruelty complaints, and citations for animal ordinance violations originate in Dallas poorest districts, south of Interstate 30. While education by citation can be effective, at some point, it simply becomes discriminatory. Poor citizens, unable to build a fence to contain their pet, leading pets to run loose or to live their life on the end of a tether, both of which are violations of city code. Areas of southern Dallas reporting the most animal-related violations do not have a single veterinarian, pet supply store or low cost veterinary clinic. Public transportation prohibits pets thus making it even more difficult for owners to access the resources they need. Failure to vaccinate, spay/neuter and provide proper nutrition and medical treatment to a companion animal is a violation of local animal code and, in some cases, state law. Without resources in the areas that need them, we are carrying out a particularly discriminatory practice of fining pet owners for violations of city animal codes for which they have no capacity to come into compliance. The cost is not only financial for the owner, but suffering for the pet. As a community of advocates, we can do more to support pet owners by providing resources and education in the areas of greatest need. The City is beginning to do their part but, they do not have the capacity to reach into the community to provide targeted, effective prevention services the way that advocates can ANIMAL CRUELTY REPORT, DALLAS, TEXAS 16

17 About Just Save the Dog Just Save the Dog is a 501(c) 3 organization dedicated to making Dallas a safer, more humane city for all animals. We support implementation of programs that increase positive outcomes for healthy, treatable animals at the city shelter. We support strong cruelty laws at the municipal, county and state level and seek to remove all barriers to law enforcement in their investigation and prosecution of animal cruelty. Just Save the Dog unifies the voices of advocates to affect change for the protection of our North Texas animals. The community can learn how animal abuse affects the health, safety, quality of life and economy of our city at justsavethedog.com ANIMAL CRUELTY REPORT, DALLAS, TEXAS 17