Bexar County Prosecution Closing Arguments In Punishment Phase of Fatal Dog Attack Trial; Judge Issues Sentences

39

Judge Sentences Both Owners to Over 10 Years in Prison After Fatal Dog Mauling

Prosecution presents closing arguments to 226th District Court Judge Velia Meza.

Judge Issues Sentences
UPDATE 09/20/24: On Friday, September 20, 2024, Judge Velia Meza sentenced the owners of two pit bulls that brutally killed a man and critically injured his wife in February of 2023. Christian Moreno and Abilene Schnieder, both 32, were each sentenced to over 10-years in prison in connection to the death of 81-year old Ramon Najera. Charges of recklessly causing injury to an elderly person, his wife Janie Najera, were dismissed in August when the couple pleaded guilty, whereby avoiding a trial.

Judge Meza asked the defendants to stand before she read her sentence. Meza then sentenced Moreno to 18 years of confinement and Schnieder to 15 years of confinement in connection to their pit bulls killing Ramon, calling the attack "an unspeakable horror that is going to resonate in our community for a very long time." The dogs had bitten three people leading up to the February 24, 2023 fatal mauling. After each bite victim, the owners paid fees to have their dogs returned to them.

Judge Meza issued the longest sentence our nonprofit has ever seen under the Texas felony dog attack statute that was enacted in 2007. The offense is a second-degree felony and punishable by up to 20 years. After the judge ruled, Moreno and Schnieder were handcuffed. Janie then gave a powerful victim impact statement. Janie agreed with the judge's ruling, calling it "adequate punishment", but also believed "the city should be there sitting next to you guys because they are guilty too."

"What happened to Mr. Najera was an unspeakable horror that is going to resonate in our community for a very long time. Unlike any other cases I have presided over, this one is different. It is different because we are not dealing with an intentional act. We are not dealing with a drive by shooting or any other type of murder. It was a case of criminally negligent behavior.

On the one hand, we have the city of San Antonio Animal Care Services swearing under oath, giving testimony that left me with the impression that this was about a 'missing affidavit.' That none of the previous bite victims came forward to declare the dogs 'dangerous dogs.' After hearing from the neighbors on Depla and Darby Street, I find the testimony I heard from the city of San Antonio very difficult to believe. What I do believe is the people from the West Side neighborhood. I find the testimony of David Avila, Fernando Esparza, Deborah Flores, Silvia Avila, not only credible, but very persuasive and compelling.

The city of San Antonio is not on trial here. They will have their day in court, and their lawsuit to contend with. But about this case, what I do have to say is that it's not about a 'missing affidavit.' Clearly our city has a lot of work to do to provide services to deal with responsible dog ownership. To echo what most, if not all the witnesses testified to, this was preventable. If the first line of defense fails because dog owners are not responsible, the second line of defense should not have failed.

Mr. Moreno, Mrs. Schnieder, this is about responsible dog ownership. It involves not only taking care of your dog but insuring the safety of the people in our neighborhoods, in our communities. Not only the people, but other pets in the neighborhood and communities. We all have that responsibility to each other, and you failed at that.

Mr. Moreno, it is the order of the Court that you will be sentenced to 18 years confinement in the Texas Department of Criminal Justice Institutional Division. There is a $5,000 fine. No restitution -- the victim has not requested restitution. You are prohibited from owning or possessing 'any' dogs if you make parole on this case. This is a plea bargain case, however, you have the right to appeal...

Mrs. Schnieder, your sentence is 15 years confinement in the Texas Department of Criminal Justice Institutional Division. There is a $5,000 fine. No restitution -- because Mrs. Najera does not want it. You too are prohibited from owning or possessing 'any' dogs if you make parole. Both of you are also ordered to have no contact with Depla Street and Darby Street. Yours is also a plea bargain case. However, you have a right to appeal..." - District Court Judge Velia Meza, September 20, 2024

09/19/24: The State's Closing Arguments
San Antonio, TX - On February 24, 2023, Ramon Najera, 81, was brutally killed by two pit bulls in front of his 75-year old wife, Janie Najera, in the 2800 block of Depla Street. One of the dogs tore a dialysis shunt out of Ramon's arm. "There was blood all over the place," one witness said. When San Antonio firefighters arrived, they fought off the pit bulls with pickaxes and pipe poles. Both dog owners pleaded guilty to one felony count in August. Last week, the punishment phase of the trial was held.

Judge Velia Meza will announce sentencing on September 20. Leading up to this, we are running several videos. The first is the testimony of Ramon's widow, Janie, who suffered critical injuries in the attack, followed by SAPD Officer Jesse Mendez, who was one of the first to arrive on the scene. Our last video in this series are the closing arguments by Bexar County prosecutor Raul Jordan, who walks through the "Negligence Timeline" and even points out the old scarring wounds on the pit bulls.

Jordan begins by declaring that the dog owners, Christian Moreno and Abilene Schnieder,1 showed "conscious indifference" to the dangers their dogs posed to the public. There were three previous bites leading up to the fatal attack, along with numerous neighbors confronting them about their aggressive dogs. During this period, prior to the deadly mauling, Moreno and Schnieder plastered a sign on their home that read: "Fuck you Cops, CPS, Mayor, Callers!!!! Suck a dick and go 2 hell."

Jordan also addresses the defense's argument that because the defendants are "poor" they used their pit bulls as a "security system." During the period of the previous bites, September 2021 to January 2023, the couple at times did not have electricity or running water, and dog feces were found smeared on the floors of their home. Yet, they always managed to come up with hundreds in cash to get their dogs out of impound ($1,000 total). "It doesn't make sense," Jordan said. "It's just so suspicious."

"Where are they getting the money? Why are they getting these dogs out of custody?" the prosecutor asked the court. "It's just so suspicious."

The maximum penalty under the Texas felony dog attack statute is 20 years in prison. "That is exactly what the state is asking for, 20 years," Jordan told the court. "We believe that every single one of those years is well-deserved." Extenuating circumstances include the judge weighing the defense's argument that the city of San Antonio could have processed these dogs as "dangerous dogs" due to their repeated bite history, which would have led to them being euthanized before the fatal attack.

Compare & Contrast: Defense Presents Closing Arguments in Fatal Dog Attack Case
Prosecution closing arguments fatal pit bull attack San Antonio

During prosecution closing arguments, the state showed old scar wounds on pit bull "King."

1During Schnieder's police interview, she called the fatal dog mauling a "freak accident," a term that has been employed by pit bull owners after their dog kills someone since the 1980s. “This was a freak accident, this was not something we caused,” she said. “Like Shamu at Sea World, nobody expected it to kill its trainer." That was an ill-fated comparison, given that captive killer whale "Tilikum" had killed two people prior to killing trainer Dawn Brancheau in 2010.

Related articles:
10/01/24: San Antonio Animal Control Testimony During Punishment Phase of Fatal Dog Attack Trial
09/19/24: San Antonio Police Officer Testifies In Punishment Phase of Fatal Dog Attack Trial
09/18/24: Janie Najera, the Wife of Victim, Testifies In Punishment Phase of Fatal Dog Attack Trial
09/09/24: Federal Civil Lawsuit Filed Against City: Najera et al v. City of San Antonio et al

San Antonio Police Officer Testifies In Punishment Phase of Fatal Dog Attack Trial

3

San Antonio police officer testifies in the punishment phase of the fatal dog attack trial.

Police Officer Testifies
San Antonio, TX - On February 24, 2023, Ramon Najera, 81, was brutally killed by two pit bulls in front of his 75-year old wife, Janie Najera, in the 2800 block of Depla Street. One of the dogs tore a dialysis shunt out of Ramon's arm. "There was blood all over the place," one witness said. When San Antonio firefighters arrived, they fought off the pit bulls with pickaxes and pipe poles. Both dog owners pleaded guilty to one felony count in August. Last week, the punishment phase of the trial was held.

Judge Velia Meza will announce sentencing on September 20. Leading up to the sentencing, we are running several videos, including the testimony of Ramon's widow, Janie, who suffered critical injuries in the attack. The next video in this series is the testimony of SAPD Officer Jesse Mendez, a 7-year veteran. At the 2:41 mark, Mendez, who was wearing a body camera, recounts the events of that day. The pit bulls were already inside the owner's fenced yard when Mendez arrived at the scene.

"The first thing I remember seeing is blood everywhere," officer Mendez testified. "There was so much blood, you could taste it in your mouth." When asked by Bexar County prosecutor Raul Jordan to explain this, Mendez said, "It's like the taste of iron in the air from the amount of blood that was at the crime scene." Mendez next interacted with one of the dog owners at the scene, Abilene Schnieder. The prosecutor then entered the officer's bodycam video of this interaction into the court record.

The prosecutor plays this video. The first thing she asked Mendez was, "Am I in trouble?" Both Schnieder and her husband, Christian Moreno, face up to 20 years in jail when Judge Meza issues her sentence on Friday. Extenuating circumstances include the judge weighing the defense's argument that if the city of San Antonio had processed these dogs as "dangerous dogs" prior to the attack -- due to three previous bites -- this would have led to them being euthanized prior to the fatal attack.

San Antonio police officer testifies in fatal pit bull attack case

SAPD Officer Jesse Mendez testified, "There was so much blood you could taste it."

San Antonio police officer testifies in fatal pit bull attack case

San Antonio firefighters try to beat off the two violent pit bulls with pickaxes and pipe poles.

Related articles:
10/01/24: San Antonio Animal Control Testimony During Punishment Phase of Fatal Dog Attack Trial
09/20/24: Prosecution Closing Arguments In Fatal Dog Attack Trial; Judge Issues Sentences
09/18/24: Janie Najera, the Wife of Victim, Testifies In Punishment Phase of Fatal Dog Attack Trial
09/09/24: Federal Civil Lawsuit Filed Against City: Najera et al v. City of San Antonio et al

Janie Najera, the Wife of Ramon Najera, Testifies In Punishment Phase of Fatal Dog Attack Trial

11

Janie Najera, 75, testifies about the pit bulls that killed her husband on February 24, 2023.

Widow Testifies
San Antonio, TX - On February 24, 2023, Ramon Najera, 81, was brutally killed by two pit bulls in front of his 75-year old wife, Janie Najera, in the 2800 block of Depla Street. One of the dogs tore a dialysis shunt out of Ramon's arm. "There was blood all over the place," one witness said. When San Antonio firefighters arrived, they fought off the pit bulls with pickaxes and pipe poles. Both dog owners pleaded guilty to one felony count in August. Last week, the punishment phase of the trial was held.

Judge Velia Meza will announce sentencing on September 20. Leading up to this, we are running several videos. The first is the testimony of Ramon's widow, Janie, who suffered critical injuries in the attack. The couple had been married for 45 years. Ramon was Air Force veteran, who served 21 years. At the 11:50 mark, Janie testifies about the events that day and when she was told that her husband had died. The camera also shows the dog owners in the courtroom, mainly Abilene Schnieder.

After her testimony, Janie gave an exclusive interview with KSAT (see the long version too). She describes the moment the white pit bull, "the one that pulled the dialysis line out," walked away from her and attacked her husband. "I could hear my husband screaming," she said. "I am thankful that the fire department got there. My husband is my hero because he saved my life. But the fire department, they are my heroes too. If they had not gotten there, I think the dogs would have finished me off too."

Judge Meza can sentence each defendant, Christian Moreno and Schnieder, up to 20 years in prison. Since the passage of the Texas felony dog attack law in 2007, we do not believe any dog owner has ever been sentenced the maximum. Extenuating circumstances include the judge weighing the defense's argument that the city of San Antonio, who had returned the dogs to the owners on three previous occasions after three previous bites before the fatal attack, played any role in his death.

Janie Najera testifies during fatal pit bull attack trial

Janie Najera testifies during the punishment phase of the San Antonio fatal pit bull attack trial.

Related articles:
10/01/24: San Antonio Animal Control Testimony During Punishment Phase of Fatal Dog Attack Trial
09/20/24: Prosecution Closing Arguments In Fatal Dog Attack Trial; Judge Issues Sentences
09/19/24: San Antonio Police Officer Testifies In Punishment Phase of Fatal Dog Attack Trial
09/09/24: Federal Civil Lawsuit Filed Against City: Najera et al v. City of San Antonio et al

Adopted Dog is a Serial Cat Killer, City Pound Allegedly Refuses to Take Dog Back, and Veterinarian Allegedly Refuses to Euthanize

19

Big Bertha serial cat killer
The alleged serial cat-killing dog that the city pound won't take back.

Need Help ASAP
Corpus Christi, TX - On September 7, Crystal posted to a public Facebook group about her sister's unnamed serial cat-killing dog. The spayed American bulldog has "broken a window in the house to get out, she's torn up a door, she has ripped up the fence numerous times" to kill cats. Her sister has "redone the fence over 10 times even with metal barriers and the dog gets out each time." The dog even ripped off the bumper of a truck and bent the metal to reach a cat inside, Crystal alleges.

Crystal states the dog was adopted from Corpus Christi Animal Care a year ago, but the pound now refuses to take her back, and a veterinarian will not euthanize this 6-year old dog because "she's too young." She asks for any rescues "that can help her out." Many of the commenters are foolish and reckless, such as advising "calming treats" or "Trazodone" or "rubbing dead cat on the dog" and that "Cesar Millan has a video on dog preying on other animals." Just do not "surrender or euthanize!"

A sane commenter tells her: "Are you waiting until the dog kills a child, and you get arrested? You are so lucky you haven’t been sued or shot by an irate neighbor. Get the dog euthanized. There are vets that will do it ... you would never be able to trust this dog. Face reality." Another remarks, "You cannot train out an instinctive prey drive. This dog has broken out a window and fences? Genetics play an enormous role in this dog’s behavior ... The prey drive is off the charts and presents a huge liability."1

Crystal - September 7, 2024 - My sister is having a huge issue that needs help asap. She adopted a dog from the pound she was a sweet girl but her attraction to kill cats have turned into a disaster! She has broken a window in the house to get out, she's torn up a door She has ripped up the fence numerous times, got out and goes straight to kill neighborhood cats. She has redone the fence over 10 times even with metal barriers and the dog gets out each time and fast! She has tried only taking her out with a leash even though the yard is fenced but if a stray comes in the yard she charges at the cat (she's strong) ripping the leash out my sister's hands. It's gotten worst a cat went into the neighbors truck to hide and her dog ripped off the bumper and bend the metal of the car to get to the cat. Neighbor had to file a claim. My sister felt she needs to surrender the dog back to the pound before she attacks any more cats or worst people since she chases people on bikes but the pound said they can't take her back and suggested her get her euthanized but the vet said that she's too young so they probably won't do it and my sister is heartbroken because she doesn't want her put down. She's a sweet girl to people but very aggressive to other animals she doesn't aim to hurt she aims to kill. Is there any rescues that can help her out?!?

Crystal Reply 09/08/24: H.R. she was adopted a year ago at the Corpus Christi animal shelter. At first she was sweet and would just bark at the door when a cat would walk by at their apartment. Once they moved into a home and had a yard for her to be free to roam the yard that's when disaster hit and even keeping her in the house isn't an option because she broke through the window and through the door. My sister has to have someone watching rescue her while she's at work because God knows what she will do if she was left unattended.

Crystal Reply 09/08/24: J.A. yes she has, she has had 2 different trainers and neither one has been able to help.

Crystal Reply 09/08/24: K.D. corpus, 6 years old and yes she is fixed.

Crystal Reply 09/09/24: A.V. my sister has put in the work and a lot of repairs she fears for other animals and children since the behavior has gotten worse. She thought having a yard to run around in would be great for the dog but a little freedom turned into a nightmare. This isn't easy for her to try to find a rescue she loves the dog very much but she can't control her two trainers couldn't train her and she is having to battle neighbors who want to hurt the dog and sue my sister even though she tries every day to repair the fence over and over again, keep the dog on a leash keep her supervised ect. To assume she is just a lazy owner is completely wrong because she has literally done everything she can! She needs a rescue that will take her, not judgment from anyone who isn't willing to take the dog in.

Crystal Reply 09/09/24: M.M.F. it's not my dog it's my sister's dog she is looking for a rescue for the dog. Do you know any recur that can help? You aren't living this nightmare and you aren't the one who is liable for cats getting killed or someone getting hurt so your opinions mean nothing. My sister has done EVERYTHING and nothing works! Returning the dog was last resort but now they won't even take the dog back.

Major Liability Dog

According to Crystal, a neighbor has already filed a claim, and other neighbors "want to hurt the dog and sue my sister." So, she has some grasp of the term "legal liability." She also states, "God knows what [the dog] will do if she was left unattended." This major liability dog, has already allegedly had two trainers. But Crystal seeks a "miraculous" rescue that will "take her, not judgment from anyone who isn't willing to take the dog in." You know what they say readers, "Good luck winning the Lottery."

Social media is littered with stories about dogs like this one and owners like Crystal's unidentified sister. But how much of the story is true? A similar female dog, "Big Bertha," owned by her sister had a "cyst that keeps bleeding" back in January 2023. Funds were raised by her sister here and here. Crystal also raised funds for the procedure and stated that due to her "sister's living situation," she "volunteered to take Bertha in." Thus, Crystal became the new owner of 8-year old Big Bertha.

The fuzzy, muddy story of who owns either dog and where the dogs came from begin to make the cat-killing claims, and her sister having to reinforce "the fence over 10 times even with metal barriers and the dog gets out each time" seem exaggerated. But who really knows? Crystal is indeed trying to get rid of a dangerous dog. She also tells the story of a dog that she has no way to manage, has become a major liability and is "very aggressive to other animals; she doesn't aim to hurt she aims to kill."

At 6 or 8-years old, either dog is not "too young" to put down, and a serial cat-killing dog is never too young to put down. But she wants the serial cat killer to become someone else's problem, even after painting this appalling "unrehabilitatable" story of the dog's dangerous behavior. The dog has such a poor prognosis, according to Crystal's story, that no rescue would ever want the dog. Yet, she persists, as if she is seeking "permission" from 20 or more commenters that euthanasia is the only route.

The "Sickness" of No-Kill

The story of the cat killer -- whether true or not -- is the bi-product of "no-kill," which refuses behavior euthanasia unless the dog exhibits "offensive aggression to humans" or "unpredictable aggression to humans" or "uninterruptible drive." Crystal's story checks the last box. "Uninterruptible drive is when a dog has an uncontrollable/unstoppable drive to seek out conflict with other animals." If a human can't interrupt the predatory behavior, the dog qualifies for the no-kill behavior euthanasia protocol.

The "sickness" of no-kill is that people like Crystal may feel forced to "invent" extreme aggression stories because it is the only way to get "permission" from social media fans to euthanize for behavior. Many people do not have the financial resources for trainers. Many types of dog aggression -- far less extreme than the no-kill euthanasia protocol -- are unsafe in neighborhoods and cannot be properly managed by their owners. Euthanasia may be the only realistic form of owner management.

Managed Intake Shelter

Corpus Christi Animal Care Services (CCACS) is a "managed intake" shelter -- not true open admission. When surrendering pets, they "only accept owned pets when kennel space exists and by appointment only." Their website also states, "owned animals brought to CCACS can be immediately humanely euthanized if inadequate space exists, if the animal is not highly adoptable, or if the animal appears to be ill or injured." The cat killer is unadoptable. But euthanasia would not have been denied.

The problem with surrendering the cat killing dog to CCACS is that there is a $50 surrender fee, and it is $100 for a "bite" animal, states their website.

According to the city ordinance (Sec. 6-39), the cat killer should be a designated Level 2 Aggressive Dog (the highest), due to being unrestrained and killing cats. There should have been an Aggressive Dog investigation, impoundment, affidavits, a hearing, testimony by witnesses and more (Sec. 6-40). The owner also would have been required to obtain a $100,000 insurance policy. It was easier to claim CCACS "refused to take her back" than to face any consequences CCACS might have presented.

Cat Killer "Still" Unmanageable

Whatever grifting may be occurring is moot. What we are concerned about are the untruths, emotional manipulations, and virtue signaling used to pawn off a hazardous dog to a third party, all because (1) the dangerous behaviors cannot be managed (2) there is a refusal to euthanize through a proper channel, and to lie about this too, and (3) the possible invention of extreme aggression stories because it is the only way to get "permission" from social media fans to euthanize for dangerous behavior.

We are concerned about the unhealthy avenues fanatical no-kill advocacy leads people down when they are facing the only community safe option.

There is no debate that dogs are an emotional subject, and that people love their dogs. But when a dog exhibits what Crystal describes as an uninterruptible drive to kill animals, cats specifically, and the owner has "exhausted" all means of management, the conversation on social media should be an honest one. "We've made the compassionate decision to put down our dog because her drive to escape reinforced restraints to kill our neighbors cats is something we can no longer manage." 😢💔

Big Bertha serial cat killer

The fuzzy, muddy story of who owns Big Bertha and where the dog was rehomed from.

1More sane comments: "Get her some professional help or put her down. This is ridiculous. She can’t be trusted without help. I’d shoot her myself if she killed one of my cats." And, "My father was a veterinarian. This dog needs to be euthanized. There is no way to change the prey drive."

Related articles:
08/30/21: No-Kill Eats Their Own: When the 'Badge of Honor' to Keep Serial Biters Alive Causes...
04/06/21: Shelter Dog Terms Targeting Unwitting Fosters and Terms Used to For Major Liability Dogs