Hi my name is Nydea Lerma and I am the owner of a 2 year old black lab. We reside in Rosenberg, TX. On Nov. 17 the Rosenberg PD came on my property to serve a warrant for a Aniamal at large citation that was unpaid, after the police unneccesiarly banged on the house from the front door to the bathroom to the front bedroom in a total of a couple minutes. At the time all this came about i was bathing my 2 small children. Sam my lab was threatened, they never stated they were the police has they were banging. I then peaked out the door and saw it was the PD. I then pulled Sam back and started to step out, he then pushed me out the way and ran out. As I ran after him, Sam ran past the first officer around the front of home to the officer that was banging on the front window and started to bark. The officer then pulled out his gun and shot Sam. Sam then ran away and back to me. He was grazed on his chin with the bullet. Sam never attacked, bite or killed anyone!!!! He was simply being a dog and doing what dogs do, protecting their family. What dog wouldn't? He was provoked! He was then seized by Rosenberg Animal Control. I went to court on Nov.20,2012 for vicious animal charge in which the were trying to convince me to sign over the dog and he would be euthanized. I made it very clear I was not going to do that. The prosecutor was pretty much threatning me saying if you take this to trial this is up to a 2000 dollar fine and you are going to have to pay 30 dollars a day and blah blah blah, like she was trying to convince me just to put him down. I told her no I would like to take this trial! My dog is not a vicious dog!!! We then set the court date for Dec. 13, 2012. I went to and during the whole trial the main focus was him being at large! The past offenses!!! The case the city was trying me for was not for animal at large but for vicious animal!!! I have paid the fines on the past violation!!!! The neighbors were even called as witnesses in which their main concern was him being loose!!!!!!!! Yes my dog has gotten out and I have paid those fines but he is not vicious!!!!!!! He does not deserve to die because of that. He has never ever bit anyone or attacked anyone... The neighbors stated he's charged at them and barks when he out and they just yell at him to go away. He's not a vicious dog!!!! I guess they are saying cause he barks that makes him vicious?!?! So the first verdict the judge said was he found me not guilty because the could not prove that beyond a reasonable doubt that he was vicious and he then asked for the dog to be removed out of Rosenberg immediately. Only because he has been a compliant cause of the neighbors and they don't wanna deal with him anymore. The prosecutor then said she didn't agree and that he could hurt someone somewhere else. After arguing for a couple minutes the judge changed his mind just like that!!!! Just a min ago you said he wasn't vicious now all of a sudden he's vicious?!?!? Judge stated just cause he's not a vicious dog to the people he knows, he is still vicious to strangers! He then prdered for Sam to be euthanized. Nope!!! He's not at all vicious!!!! He simply barks like any other dog would!!! Again of he's so vicious to the point he had to be euthanized then why is their no record of him actually attacking! He has never caused the death or seriously bodily harm to anyone by attacking, biting or mauling a person!!!! And he does not deserve to die!!! He is our family dog!! I am a single mother and Sam is our protection. Sam lives at home with my 2 daughters, Penelope 5 and Calista 3. He has never harmed them or any of their friends that have came to visit. The kids do whatever they want to him and he has never shown not one sign of aggression. He also lives with 3 kittens, a rabbit, a turtle and fish and has never harmed any if them as well. We even bought all the material to put up a fence so they couldn't say Sam was going to be getting out, in which were suppose to have up by the court date but then my grandfather ended up in the hospital. All we want is our dog back. We love Sam. He is a good dog and doesn't deserve to die... Sam has 10 days until they euthanize him. I have to the right to file an appeal in which I will do so! It would be great to find a pro bono/ low cost attorney in which I'm in the process of looking. We just want our Sammy Boy back! My girls and I miss him dearly!!!! If anyone can help we would really really appreciate anything!!!!!
Channel 13 spoke with city of Rosenberg judge James Baker.
I have also contacted channel 2, 11, and 26.
City of Rosenberg contact info
At this number you can reach:
Judge- James Baker
City Attorney- Linda Lynch
City of Rosenberg Animal Control
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