New Mexico: Dangerous pit bulls belonging to Maria Escamilla finally seized

NEW MEXICO -- Nine months after a trio of neighborhood dogs attacked Jack Cash and fatally mauled his 10-pound Maltese while they were on their nightly walk near his Ventana Ranch home, the offending dogs are finally gone and their owner is barred from owning or possessing dogs.

But it took two Metro Court criminal prosecutions, an edict from a city hearing officer and, significantly, another vicious attack just this month involving the same dangerous dogs.

 

Defendant Maria Escamilla, who has now lost custody of all five of her dogs, is set to spend the next nine months on supervised probation and serve 120 hours of community service as part of sentences imposed this week by two Metro Court judges.

Escamilla, 43, was acquitted by a Metro Court jury in November of having vicious dogs in a criminal case filed in response to the Cash attack. But she was convicted of not having city licenses and rabies vaccinations for three of her dogs.

And in a separate case, Escamilla was convicted of allowing two of her dogs to run loose near her house just a week after the attack on Cash.

Cash said he was caught off-guard by three large dogs that came from behind as he took Duncan out on a leash last April 27.

After the last of the sentencing hearings on Friday, Cash said he finally feels safe walking in his neighborhood.

“This is what we wanted all along (to have the dogs removed),” he said. “But I’m disappointed that in order to effect change, it took another person being injured.”

Metro Court Judge John Duran, who presided over Friday’s sentencing, had been considering whether to order Escamilla’s dogs seized. But that became irrelevant on Friday with the disclosure that two of the dogs that killed Duncan were involved in a subsequent attack on Jan. 9 at the Escamilla home.

Jack Cash, pictured with his dog Duncan

Two pit bulls apparently got into a fight, and a 22-year-old woman living at the home was bitten on the hands and wrist in trying to break up the fight. The woman, who was identified as Escamilla’s son’s girlfriend, was treated at the Presbyterian Rust Medical Center emergency room for bite wounds.

City animal control officers who arrived at the scene found a pit bull named Benji covered with blood and bite wounds.

Animal Welfare officers then obtained a warrant to remove all five dogs from the Escamilla home, noting that Escamilla had already been declared an irresponsible dog owner by a city hearing officer last summer and the dogs deemed dangerous after the Cash attack.

Typically, animal control officers wait until there is a repeat offense before seizing a dangerous dog whose owner has been declared irresponsible under city ordinance.

On Jan. 12, a team of eight animal control officers and an Albuquerque police officer showed up to the house and took custody of the dogs.

Court testimony on Friday suggested the dogs could be sent to an animal rescue group that specializes in dangerous dogs.

Escamilla, through her attorney, Max Pines, said in court Friday that she was sorry for Cash’s loss. Pines said “she also feels sad she can’t own dogs anymore.” He said Escamilla had moved out of the house.

Duran rejected prosecutors’ recommendations that she spend 21 days in jail. He instead imposed a suspended jail sentence of 90 days, saying he wanted to ensure the conviction and sentence stay on her criminal record.

Duran also ordered her to serve 40 hours of community service, preferably at a local animal shelter, but added that he wasn’t sure “an animal shelter would be willing to take her.” Duran also imposed a $50 fine and reiterated that she not possess or own any dogs.

In the courtroom, Escamilla smiled after the sentencing.

In the other criminal case, Metro Judge Sandra Engel on Thursday ordered Escamilla to spend another six months on supervised probation, perform 80 hours of community service and pay a $150 fine. Engel also ordered that security gates and locks be installed at the home.

The three dogs involved in the attack on Cash and his dog had gotten out of the Escamilla backyard the evening of the April 2015 attack because a gate had been left open by a relative who was housesitting.

Both Engel and Duran reiterated this week that Escamilla was not to own or possess dogs.

Even before the sentencings, a city hearing officer on Dec. 22 issued an order that Escamilla was barred indefinitely from owning or possessing dogs within the city limits. That order came at the prompting of the Bernalillo County District Attorney’s Office, which prosecuted the criminal cases in Metro Court.

The city last summer found that Escamilla was an irresponsible dog owner as defined by the city’s Angel’s Law, which is now being revised by city officials.

Animal welfare officers had been negotiating with Escamilla about surrendering her dogs when the Jan. 9 attack occurred.

Duran said Friday that he also wanted Escamilla to consider counseling.

“I’m not a psychiatrist or psychologist, but I’m wondering if there’s something else going on here (with Escamilla), given the fact that these things keep happening over and over again,” Duran said.

(ABQ Journal - Jan 22, 2016)

Earlier:

• New Mexico: Killer pit bull dogs aren’t vicious, owner Maria Escamilla claims at hearing
• New Mexico: Vicious dog case gets pushed back again
• New Mexico: Dog owner, Maria Escamilla, guilty of letting dogs run loose
• New Mexico: Jury delivers mixed verdict in vicious pit bull dog case against Maria Escamilla