Silvano Moses Duran, 28, initially charged with 23 counts of misdemeanor failure to care for animals and one felony charge of grand theft of an animal, appeared before Superior Court Judge Donald Coleman.
The bulk of the charges filed against Duran were dropped because further investigation found no evidence to prove the felony grand theft or other misdemeanor charges.
Assistant District Attorney Manisha Vadgama was the prosecutor of the case that led to Coleman sentencing Duran to 30 days of work furlough and three years of probation, during which he cannot own or possess animals.
Duran also must allow law enforcement officers to search his car, person or home during the probation period to ensure he does not have animals.
Restitution was also set at $30,000 or less, funds that will help reimburse Santa Paula Animal Rescue Center (SPARC) for their care of 17 of the animals found at Duran’s home. One dog was later claimed by its owners, residents of Oxnard who saw the news coverage of the animals being seized and recognized their dog, which they claimed had been stolen.
Attorney Ron Bamieh represented Duran, who did not have a criminal record.
The case started in March when Santa Paula Police responded to the 500 block of North 14th Street after receiving a report of dogs fighting.
Upon arrival police found one dog was seriously mauling another through the wire of a kennel; all the animals at the site were excited, covered in blood, feces or both; one dog was tethered to a pole. Not only did the number of dogs on the property - which had outside kennels - exceed the city’s legal limit, there was no food found in the area.
The 17 animals were seized by police and transported to SPARC; several required treatment and at least one was seriously injured. None of the dogs were found to aggressive.
Duran later visited SPARC and tried to reclaim the animals.
Vadgama said although there was no evidence of felonious conduct against the animals just the sheer number of the animals alone in the backyard of the home was “negligent.”
Bamieh has maintained Duran never intentionally hurt the animals but rather was an animal lover who cared for abandoned injured and malnourished animals - mostly pit bulls, bulldog and mixes of same known as “bully breeds” in the streets. Bamieh said Duran had approached SPARC in the past but was turned away and decided to keep the animals at his home.
SPARC does have records of one dog turned in by Duran but it was a small breed.
Police originally said they suspected the animals were being bred and trained for dog fighting but Bamieh said animal control staff members later testified no evidence showed any of the animals was involved in fights.
According to Bamieh, Duran had to move and get a new job because of the negative campaign against him and his family. Bamieh has filed a complaint against the City of Santa Paula, and has announced he plans to sue Santa Paula Police and SPARC, alleging defamation and intentional infliction of emotional distress on his client.
SPARC Administrative Liaison John Brockus said he and SPARC are “ecstatic” and see the Duran conviction as “A huge win for animals in our county. The fact that we got the resolution that we did even for this convoluted case show me the District Attorney’s Office has turned the corner of these kinds of cases.”
Animals, said Brockus, have always been considered property under California law, but “We’re starting to see by virtue largely of the animal community,” awareness has grown that animals cannot be treated as “inanimate objects, but as real, living, breathing things.”
Coleman imposed “precedent setting” sanctions on Duran including search terms and Brockus said Vadgama “Did a great job,” as prosecutor.
There has been a “Huge outpouring of support and interest in these animals,” that became known as the SPARC 16 and Brockus said once the animals are released as evidence by the SPPD they can be spayed, neutered and adopted out.
(Santa Paula Times - Oct 24, 2014)
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