A recently established trust, based in New York City, now claims ownership of the 2-year-old pit bull boxer mix, known by the names Palomo and Killer.
The dog was involved in at least three documented biting incidents last year. It was then owned by Reyna Gonzales Tello and Jorge Galvan of West Des Moines.
Representatives with Companion Animal Trust for the Benefit of Palomo initiated legal action last month after a Polk County district judge ruled in favor of the city’s decision to euthanize the animal. No representatives for the dog appeared at the Feb. 7 appeal hearing.
Trustees with Companion Animal Trust contend that the Spanish-speaking family’s constitutional rights were violated because all legal documents have been written in English and no proper translator was provided to them. They also claim the trust retained ownership of the dog before the Feb. 7 court hearing, but was not notified of the hearing date.
“It’s just so far outside the realm of what’s acceptable,” New York City attorney Richard Rosenthal said, speaking on behalf of the trust.
Galvan and Tello have relied on their 17-year-old bilingual daughter, a West Des Moines police officer and a neighbor, Andrea Triana, to help interpret since legal disputes about their dog began in November.
Representatives of Companion Animal Trust have criticized Triana and members of the Tello-Galvan family for their actions since Palomo was taken by the city in November.
“It’s truly unbelievable how many things the owners and their fame-happy neighbor did to ensure a short life on an innocent dog,” trust representative Jaysen McCleary wrote in a letter to West Des Moines officials that was included in court documents.
Despite the criticism, the trust also used Triana as its interpreter when it presented an English-language document for Tello to sign over ownership of the dog, according to Rosenthal.
When contacted by phone this week, Galvan said he was not aware that the dog’s ownership had been signed over to the trust. Tello was not available to speak on the matter.
“No one is saying anything,” Galvan said in Spanish.
Triana said she tried her best to explain the document before Tello signed it.
“I explained it to her to the best of my abilities … and she complied with me,” Triana said, adding that she intends to work with the trust to save the dog’s life. “I’m kind of on the sidelines now.”
Polk County District Court on Tuesday received two appeals from Companion Animal Trust. One requests the presiding judge step down from the case and the second is a motion for the trust to intervene on behalf of the dog. Both appeals, prepared by McCleary, were pending as of Wednesday.
“I’m just trying to help the dog,” McCleary said.
Meanwhile Paloma remains in West Des Moines’ animal shelter, where the dog was detained in late November. Attorneys representing the city said they do not plan to euthanize the animal until things are settled in court.
“To be safe, we’re waiting to see how the court responds,” Jason Wittgraf, West Des Moines assistant city attorney, said.
At a cost of $10 a day, the dog has racked up a bill of approximately $1,000 in boarding fees that its owners will be expected to pay, according to city officials.
(Des Moines Register - Mar 6, 2014)
The Companion Animal Trust is name that the Lexus Project has begun to use when they attempt to gain control of a documented dangerous dog with the goal of trafficking the mauler to an undisclosed location.
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