2010-02-04

Latest animal seizure nets 61 dogs & cats

By Judith Pannebaker

A judicial hearing regarding the seizure of 61 animals at a location on FM 470 has been postponed until 2 pm, Monday, Feb. 21, to allow the defendant to engage counsel.

The seized animals – 48 dogs and 13 cats – presented with various health issues, according to animal control officers with the Bandera County Sheriff’s Office.

Precinct 4 Justice of the Peace Lynn Holt presided over a hearing on Monday, Feb. 1; however, defendant Pat D’Spain requested a continuance to retain the services of an attorney.

Noting the short notice for Monday’s hearing and “the importance of the matter,” County Attorney John Payne said he understood the reasoning behind the request. He also noted that many of the animals seized by county authorities needed veterinarian care. “We can’t do anything without a court order,’ Payne told Holt.

Additionally, Jennifer Gaertner, community liaison for animal control issues, opined that the cost for the animals’ medical care might range into the “thousands of dollars,” which the county would be required to pay.

“Some animals need treatment now, particularly because of the mange,” Payne said. He also asked D’Spain if she had any objections to having the animals seen by a veterinarian and if she would bear the cost of the treatment.

“With an agreement in open court, we can begin to treat the animals,” Payne said.

“I have no objection to granting a continuance in this matter within a reasonable time without incurring more cost to the county,” Holt said. After D’Spain agreed to bear the costs of veterinary care, he granted a conditional motion for continuance while allowing the animals to receive treatment at Mrs. D’Spain’s cost.

The seized animals will remain at the Bandera County Animal Control facility on Highway 16 North pending the outcome of the hearing on Feb. 8.

Apparently, two additional cats were seized at D’Spains property, one of which gave birth to a litter of kittens at the animal control facility.