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13 thoughts on “Attorney Comments After Judge Throws Out Felony Charges in Fatal Dog Attack Case

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  1. That's sick-that's just plain freaking sick.
    Can you imagine a human murderer beating the rap because his victim didn't take adequate precautions to protect himself? Or a rapist getting off because his victim didn't take the appropriate steps to protect herself, or the way she dressed set off the dirtbag rapist? This one takes the cake. These dogs need to be banned forever. And the owners of these dogs need to be thrown in prison.
    We need to get this judge removed from the bench. His decision is immoral and wrong, no matter what the freaking statute says.

  2. The message is very clear to all landlords, property owners, and homeowners.

    You MUST NOT allow anyone with pit bulls to be anywhere on your property at any time.

    Call the police and file charges if anyone with pit bulls brings them or allows them on your property. Zero tolerance. Make sure tenants are aware in writing that no pit bulls are allowed, even visiting. Post "No Pit Bulls" signs.

    Do not allow anyone with pit bulls to visit, be a guest, loiter on your property.

    Those are the best precautions you can take. The law is telling you that you must do these things.

    It is clear that some percentage of corrupt judges will decide that you the property owner using your property normally are to blame for those that have fighting breeds that they know are vicious.

    Zero pit bill policy. Best precaution in the world.

    The California law is telling you that you must do this. Zero pit bull policy on your property.

    Does anyone know who put this law in place and why it was, when? Were dog fighters involved in this?

    This is a "law" that removes civil rights, and is constitutionally illegal.

    Look up "peaceful and quiet enjoyment" of one's property. This fake "law" attempts to negate that. Illegal.

  3. The family of this victim must sue both the pit bull owner AND the town or county that failed to control the vicious dogs that the owner acknowledged in a public meeting to be vicious.

    The town or county has blood on its hands. Animal control helped kill that man.

    There must be documentation in court to prevent this murderer from murdering again, and to prevent the town or county from helping to hurt or kill another.

  4. Judge Thomas A Smith's background is "business administration" and "business law."

    He started as a business man, NOT a judge. He's a BUSINESSMAN.

    Commitment to justice? Far from an unblemished record.

    It looks like the "business" of breeding game dogs and the business of the fighting dog industry had a friend in Calaveras County California courts.

    Money and "business" trumped civil rights.


    Occupation: Municipal Court Judge
    Education and Qualifications: I have resided in El Dorado County for 36 years, attended local schools, and graduated with honors from California State University, Los Angeles (BS, Business Administration) and McGeorge School of Law. I have been an attorney since 1975, worked for the district attorney, and taught business law for Sacramento City College. I have a clean and unblemished record, personally and professionally.
    With 19 years judicial experience, including 8 years as your municipal court judge, I have earned endorsements from my colleagues, district attorneys, and law enforcement officers, received recognition for efficient court management, demonstrated fiscal responsibility toward the taxpayers, and established a record of commitment to justice for all persons who utilize our court.

    Last year, I was elected presiding judge of the county's unified superior and municipal courts. I was appointed to the Judicial Council's Advisory Committee on Administration of Justice in Rural Counties. I have served our community as a volunteer fireman, big brother advisor, lawyer's referral service director, law library commissioner, and Marshall Hospital Foundation trustee.

    I will continue to make unbiased judgments and insure criminal defendants are appropriately detained in custody, tried fairly, but upon conviction ordered to make restitution and sentenced so that public safety is protected.

    s/ Thomas A. Smith"


    Public Admonishment of Judge Thomas A Smith, November 25, 1996 when he was in El Dorado County Municipal Court prior to coming to Calaveras County court.

    Judge Smith abused his judicial office in 1995 when he utilized the court's computers to obtain for and disclose to a friend confidential information from computerized records of the Department of Motor Vehicles.–LOjSABbYmjIg&hl=en&ei=PK6aTeS1AYTj0gGc89TOBg&sa=X&oi=book_result&ct=result&resnum=10&ved=0CDgQ6AEwCQ#v=onepage&q=Judge%20thomas%20A%20smith%20california&f=false

    Smith therefore lied in his public statement that he had an "unblemished record." Another crime.

    The family needs to file complaints with the state judicial board and demand a retrial with a non-corrupt judge.

    A judge who has committed crimes, aided and abetted others to commit crimes, has no business adjudicating a criminal case as his bias for criminals has been demonstrated by his own criminal behavior, and his collaboration with another to commit a crime.

    "Using the power of the bench to benefit a friend is a casebook example of wilful misconsuct."

    What family, social, political, or other relationships has Thomas A Smith, businessman cum judge, engaged in to help a game dog breeder and the fighting dog criminal industry in this case?

    This is indeed a CRIME, ciommitted by a judge in court. A judge who has admitted to crimes and "lapses in good judgment."

  6. I ran some quick Google searches on Calaveras County Superior Court "Assigned" Judge Thomas A. Smith (assigned by who?). It's hard to say what is going on in the Yates case, but it certainly appears that something political (or under-the-bench) has occurred.

    Smith's ruling, which may or may not be the "true spirit" of California Penal Code Section 399, showed that according to Smith, dead victims are presumed guilty of causing a fatal dog attack when no other witnesses are present. According to Seller's attorney, Ken Foley, with whom Smith agreed, one must give the benefit of doubt to the maulers: [What if these two dogs were fighting amongst themselves and Mr. Yates came out of his shop to break it up?" Foley said…] Which leads us to Mr. Foley, who has been a pompous ass since day one.

    Gotta wonder how many cases Foley has won in Smith's courtroom, particularly when Smith has been "assigned"?

    I imagine such assignments are like a REAL LOTTERY in Calaveras County, which only has one incorporated town.

    And poor little Sellers, who stated in a Calaveras County courtroom in 2006… [after Blazej told the board about the incident where he and his family were threatened by a group of pit bulls, Sellers shouted out from the back of the room that those pits couldn’t be hers, because if they were, “You wouldn’t be standing here.”] …she knew just the right attorney for her case didn't she?

  7. Cynthia Chilton Hauck, mouthing fighting dog industry propaganda to protect fighting breeds in a bizarre email to the Calaveras County paper trying to protect her "friend" Sellers?

    Apparently this woman is quite outraged when her property values are threatened, but feels the need to protect someone whose known vicious dogs killed an innocent victim.

    But then Cynthia Chilton Hauck is SHERYL SELLERS' MOTHER!

    Sellers father was a manager at San Francisco General Hospital who was interested in UFOs. Died 2003.

    Cynthia's current husband is/was in the petroleum business. A BUSINESSMAN. Harlond Hauck, who appealed a conviction when he lived in New Mexico for aggravated battery for kicking a woman in the back, causing her injury.

    Photo of the pair mentioning his home town of New Mexico.

  8. Here is the "spirit" of the California law (from I've bolded the areas that Judge Smith cherry picked out:

    "A person who knowingly keeps a dangerous dog may be prosecuted for a felony or misdemeanor if the dog seriously injures another person as a result of negligence or letting it run loose.

    For example, California Penal Code section 399 (as amended in 2001) states:

    399. (a) If any person owning or having custody or control of a mischievous animal, knowing its propensities, willfully suffers it to go at large, or keeps it without ordinary care, and the animal, while so at large, or while not kept with ordinary care, kills any human being who has taken all the precautions that the circumstances permitted, or which a reasonable person would ordinarily take in the same situation, is guilty of a felony."

    Jerry fought like hell from being killed by those dogs; the evidence was all over his body not to mention the attack scene. There weren't spatters of blood; there were BUCKETS of blood according to Jami. But there it is right there in black and white. What in the hell were the revisers of 399 thinking? Phillips explains more here:

  9. The family needs to pursue this with the state.

    Judge Thomas A Smith wilfully and negligently ignored the law, illegally used one tiny fraction of the law to commit what he has demonstrated in his past- "wilful misconduct."

    This Smith should have been removed from the bench when he committed a crime in the 1990s.

    Saying "I'm sorry and I made a mistake" was not enough. As a judge, he is held to higher standards. He should have known and understood the law then.

    He should have known and understood the law now. He did not.

    Someone who committed a crime does not belong in a court adjudicating criminal cases.

    His confusion, ignorance, or "wilfull misconduct" is not acceptable.

    Is Smith doing "favors" for "friends" abusing and ignoring the law, as he has done in the past, recognized and stated as such by state boards?

  10. However, Smith has dealt a blow to the pit bull industry by making it mandatory for property owners to deny access to their property for any reason by pit bulls.

    The only way to prove that precautions are taken is for property owners to DENY ACCESS to their property for any reason by pit bulls.

    The people of Calaveras County should be posting their property now- NO PIT BULLS ALLOWED.

    Thomas Smith has told the people they need to take "precautions."

    And apparently shooting a pit bull on sight on your property in Calaveras County is a requirement too, as Thomas Smith insists you must fight back and take proper precautions.

    Living your life on your own property and minding your own business is not enough, Smith indicates. Aggressive precautions are needed, or you will be allowed by the court to be murdered by a pit bull.

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