A cellphone photo Cash took of the woman, Maria Escamilla, and the dogs, was introduced as state’s evidence Monday in a trial after which Metropolitan Court Judge R. John Duran found Escamilla guilty of violating city code requiring animals to be on a leash.
Sentencing on the two petty misdemeanor convictions of “animals at large” is set for Nov. 30.
But the primary criminal case against Escamilla involving the deadly attack April 27 was postponed Monday until mid-November.
Even so, Cash took solace in Duran’s guilty verdict.
“It’s taken six months, but for the first time it feels like there is a little light at the end of the tunnel,” Cash said outside the courtroom. “She is finally beginning to be held accountable.”
Escamilla faces up to 90 days in jail and a maximum $500 fine on each violation.
Escamilla, who was represented by assistant public defender Max Pines, didn’t testify Monday, but Pines argued the evidence was insufficient to prove she was responsible for allowing the dogs to run loose. He said there was another woman who followed her out of the house that day who let the dogs out.
Afterward, Pines didn’t rule out an appeal to district court, adding, “I think there’s some good issues here.”
During the brief trial, Duran didn’t allow the witnesses to mention the April 27 attack in which Cash sustained minor injuries and 10-pound Duncan was pulled out of his grasp by two pit bull mixes and a boxer that belonged to Escamilla. They ended up fatally mauling the little dog, and Cash ran home for help.
Pines said mentioning that attack would be “prejudicial.”
In a related criminal case involving that attack, Escamilla has pleaded not guilty to three misdemeanor counts of keeping an animal known to be vicious and liable to attack human beings.
Plea deal rejected
Escamilla also faces six petty misdemeanor counts of not having a current city license for her dogs nor up-to-date rabies vaccinations.
In that case, which had been set for a jury trial Monday, Pines said Escamilla rejected a plea bargain from the Bernalillo County District Attorney’s Office that would have required she serve 21 days in jail and pay restitution and a $1,500 fine.
Assistant District Attorney Nina Eydelman told Metro Judge Sandra Engel, who presides over that case, that her office learned last Friday that Escamilla has moved the three dogs involved in the April 27 attack to California without notifying the Albuquerque Animal Welfare Department.
After the attack, a city hearing officer declared Escamilla an irresponsible owner under city ordinance and the three dogs were deemed dangerous. It’s not against the law to own a dangerous dog, but city ordinance requires owners to restrain them in public, carry $100,000 liability insurance, allow inspections by Animal Welfare and notify the city when custody or ownership changes.
Throughout the legal proceedings, Escamilla has refused to surrender the three dogs to Animal Welfare and maintained the dogs weren’t vicious.
(ABQ Journal - Oct 26, 2015)
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