A Non-Profit Organization
We are the voices for those who cannot seek justice for themselves
• Home • About Us • Action Alert • Current Cases • Case Archives • VFP in the News •
• Links and Resources • Newsletters • Get Involved • Support the Cause • FAQ • Contact Us •
• Links and Resources • Newsletters • Get Involved • Support the Cause • FAQ • Contact Us •
November 8, 2000
Final Hearing for James Schmerker Set for Monday, November 13th at 8:30 a.m at the Walnut Creek Courthouse
A REMINDER:
Traper James Schmerker's next court appearance is November 13th at 8:30 a.m. in Department 24, 2nd floor of the Walnut Creek Courthouse, Civic Drive and Ygacio in the City of Walnut Creek. This hearing was ordered to determine whether Schmerker should pay money to his animal victims' families.
At Schmerker's plea-bargain sentencing hearing on October 13th, he was ordered not to engage in pest control without a license and to produce such license upon request by a peace officer at any time, and he was ordered to pay a $350 fine. He received a sentence of 90 days, to run concurrent with the sentence he is already serving, and if he gets home detention, he will not do any jail time at all.
Please set aside the court date, Monday, November 13th at 8:30, to attend what will probably be the final hearing in this case. Court dates do change, so if you plan to attend, please call 925-685-5388 a day or two before the hearing to confirm the date and time.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
Final Hearing for James Schmerker Set for Monday, November 13th at 8:30 a.m at the Walnut Creek Courthouse
A REMINDER:
Traper James Schmerker's next court appearance is November 13th at 8:30 a.m. in Department 24, 2nd floor of the Walnut Creek Courthouse, Civic Drive and Ygacio in the City of Walnut Creek. This hearing was ordered to determine whether Schmerker should pay money to his animal victims' families.
At Schmerker's plea-bargain sentencing hearing on October 13th, he was ordered not to engage in pest control without a license and to produce such license upon request by a peace officer at any time, and he was ordered to pay a $350 fine. He received a sentence of 90 days, to run concurrent with the sentence he is already serving, and if he gets home detention, he will not do any jail time at all.
Please set aside the court date, Monday, November 13th at 8:30, to attend what will probably be the final hearing in this case. Court dates do change, so if you plan to attend, please call 925-685-5388 a day or two before the hearing to confirm the date and time.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
Trappers
February 2000
Lafayette, CA
Voices for Pets first became aware of the problem of commercial trappers in our residential neighborhoods after learning in 1995 that the East Bay Regional Parks Department was hiring trappers to kill animals in the parks. The trappers were using leg-hold traps and sometimes box traps before shooting them. Voices for Pets then learned that the Navy was doing the same thing at Alameda Naval Base to deal with the pets left behind by departing families as the base was being closed. To learn more about the problem, Voices for Pets went through the Yellow Pages looking under "pest control" and under "trappers." Some of what we've learned follows.
February 2000
Lafayette, CA
Voices for Pets first became aware of the problem of commercial trappers in our residential neighborhoods after learning in 1995 that the East Bay Regional Parks Department was hiring trappers to kill animals in the parks. The trappers were using leg-hold traps and sometimes box traps before shooting them. Voices for Pets then learned that the Navy was doing the same thing at Alameda Naval Base to deal with the pets left behind by departing families as the base was being closed. To learn more about the problem, Voices for Pets went through the Yellow Pages looking under "pest control" and under "trappers." Some of what we've learned follows.
In September of 1997, two women out for a morning walk in Martinez found a suffering baby raccoon caught in a leg-hold trap. The women called County Animal Control. Lt. Abe Gamez reported that the Animal Control found the injured raccoon with its leg nearly severed and that the trap was set only 3-4 feet from the public roadway. Animal Control euthanized the raccoon and confiscated three leg-hold traps. That afternoon, Richard Harrell, who advertises in the Yellow Pages as Dick's Pest Control, claiming 20 year of experience, entered the office at Animal Control in Martinez with a rifle slung over his shoulder and a revolver tucked in the back of his waistband and demanded his leg-hold traps back.
On October 6, 1998, Harrell, using a steel-jawed leg-hold trap, had trapped a raccoon at another location, taken it to a lot between his backyard and Ayers Elementary School in Concord. Harrell released the raccoon so that he could shoot it with a scoped rifle. This was done during school hours with children present. Harrell was initially arrested but then released without charge. When Voices for Pets called Concord Police, Sgt. Bud Wasson said "This was simply a man disposing of an animal in an inappropriate manner." We told him we felt that if not cruelty to an animal, at the very least it was discharging a firearm in a residential neighborhood next to a school. Sgt. Wasson said he would send it on to the D.A.'s office and let them decide. Voices for Pets checked with the D.A.'s office repeatedly over a period of months, and was always told they had not received it.
Trapper James Schmerker has been killing our wildlife and our furry family members for many years. There have been many calls to Animal Control from the Schmerkers' Lafayette neighbors complaining of animals left in his front yard in boxed cages, exposed to the elements for many days without food or water. He only received warnings not to do it again.
On October 7, 1999 in Emeryville, six-year-old Michael Rymer, a beloved family cat, was crushed and killed in a conibear trap set by Schmerker.
On December 1, 1999, two-year-old Toby Grothman, a much-loved family cat, was crushed to death in a trap set by Schmerker in a Lafayette neighborhood.
On December 7, 1999, in a Danville residential neighborhood, a woman walking her dog stopped to talk with a neighbor. Her dog, Jimmy, wandered through an open gate and was injured in a trap but was saved before it died. The traps were not removed. Four days later, a twelve-year-old cat, Soccer Gendron, was found by his family crushed to death.
Voices for Pets called Piedmont-Emeryville Animal Control and talked to Officer Leslie Tisdale, who told us she was well aware of Schmerker and had responded to the Emeryville cat killing. She said he is a licened trapper and there was nothing she could do.
Voices for Pets called Contra Costa County Animal Control and Lieutenant Dan Barrett told me the same thing, that Schmerker was licensed and there was nothing they could do.
Animal Control received many calls from families whose pets were killed, complaining that Scmerker was still setting traps in their neighborhoods. After the families' calls and letters to City and County officials, and after media coverage, Animal Control took another look and discovered that Schmerker had not been licensed since 1995. This resulted in a misdemeanor that would result in nothing more than a fine. It would not put him out of business or stop the killing.
This was just not good enough. We went through public criminal records and discovered that on October 24, 1996, Lafayette police had stopped James and Dianne Schmerker for stolen license tags. Both were found to have methamphetamine and concealed loaded handguns. They were given probation and ordered to attend drug diversion and not have guns. Voices for Pets also discovered that they were scheduled for a court appearance on February 2, 2000 and that their probation officer was recommending their probation be revoked for not attending drug diversion or having paid a $100 fine. This type of technical violation almost always results in reinstatement of probation, without jail time. Again, not good enough.
Voices for Pets then went through public civil records and discovered that Schmerker was being sued by a man he had shot in a dispute over money. On March 18, 1998, while still on probation and ordered not to have any guns, Schmerker had pulled out a .45 semiautomatic and shot the unarmed man through the stomach.
The police report, including witnesses' statements, showed clearly that Schmerker was the shooter, and indeed Schmerker admitted being the shooter. Police took the gun and arrested Schmerker for assault with a deadly weapon.
Voices for Pets then called Lafayette Police Sergeant Fisher, who had been in charge of the shooting investigation. He told us he felt he had sent a good case to the D.A.'s office but that they had declined to prosecute.
Voices for Pets then called Schmerker's probation officer, Peggy Rachelle and told her of the shooting and that this had happened while Schmerker was on probation and ordered not to have guns. She said she was not aware of the shooting and had only recommended a violation on the basis of Schmerker and his wife not going to diversion. We said it seemed that although he had not been charged, it was clear he had been in possession of a handgun while on probation, and this seemed to be a much more serious violation, and we asked if she could amend her recommendation. She recommended that we refer this to the District Attorney's office.
Voices for Pets then talked to Deputy D.A. Stacey Grassini, who was handling the probation revocation case. He also said he was not aware of the shooting and asked that we supply him with documentation. Voices for Pets then hand-delivered a copy of the police report in the shooting incident, and also a transcript from the civil case deposition in which Schmerker admits having and firing the gun. In a follow-up phone call, Mr. Grassini said that he would amend the violation charges to include possession of a weapon. This is better, but still not good enough. Only a felony conviction will put Schmerker out of business and stop his killing. A preliminary hearing on the probation revocation charges is set for Thursday, March 2, 2000.
Please write to District Attorney Gary Yancey.
Gary Yancey
Contra Costa County District Attorney
Courthouse, 4th Floor
Martinez, CA 94553
(FAX: 925-646-2116)
Ask that, in addition to pressing for jail time for the probation violation, he take another look at the shooting and give serious consideration to pressing a felony charge against Schmerker for assault with a deadly weapon.
On October 6, 1998, Harrell, using a steel-jawed leg-hold trap, had trapped a raccoon at another location, taken it to a lot between his backyard and Ayers Elementary School in Concord. Harrell released the raccoon so that he could shoot it with a scoped rifle. This was done during school hours with children present. Harrell was initially arrested but then released without charge. When Voices for Pets called Concord Police, Sgt. Bud Wasson said "This was simply a man disposing of an animal in an inappropriate manner." We told him we felt that if not cruelty to an animal, at the very least it was discharging a firearm in a residential neighborhood next to a school. Sgt. Wasson said he would send it on to the D.A.'s office and let them decide. Voices for Pets checked with the D.A.'s office repeatedly over a period of months, and was always told they had not received it.
Trapper James Schmerker has been killing our wildlife and our furry family members for many years. There have been many calls to Animal Control from the Schmerkers' Lafayette neighbors complaining of animals left in his front yard in boxed cages, exposed to the elements for many days without food or water. He only received warnings not to do it again.
On October 7, 1999 in Emeryville, six-year-old Michael Rymer, a beloved family cat, was crushed and killed in a conibear trap set by Schmerker.
On December 1, 1999, two-year-old Toby Grothman, a much-loved family cat, was crushed to death in a trap set by Schmerker in a Lafayette neighborhood.
On December 7, 1999, in a Danville residential neighborhood, a woman walking her dog stopped to talk with a neighbor. Her dog, Jimmy, wandered through an open gate and was injured in a trap but was saved before it died. The traps were not removed. Four days later, a twelve-year-old cat, Soccer Gendron, was found by his family crushed to death.
Voices for Pets called Piedmont-Emeryville Animal Control and talked to Officer Leslie Tisdale, who told us she was well aware of Schmerker and had responded to the Emeryville cat killing. She said he is a licened trapper and there was nothing she could do.
Voices for Pets called Contra Costa County Animal Control and Lieutenant Dan Barrett told me the same thing, that Schmerker was licensed and there was nothing they could do.
Animal Control received many calls from families whose pets were killed, complaining that Scmerker was still setting traps in their neighborhoods. After the families' calls and letters to City and County officials, and after media coverage, Animal Control took another look and discovered that Schmerker had not been licensed since 1995. This resulted in a misdemeanor that would result in nothing more than a fine. It would not put him out of business or stop the killing.
This was just not good enough. We went through public criminal records and discovered that on October 24, 1996, Lafayette police had stopped James and Dianne Schmerker for stolen license tags. Both were found to have methamphetamine and concealed loaded handguns. They were given probation and ordered to attend drug diversion and not have guns. Voices for Pets also discovered that they were scheduled for a court appearance on February 2, 2000 and that their probation officer was recommending their probation be revoked for not attending drug diversion or having paid a $100 fine. This type of technical violation almost always results in reinstatement of probation, without jail time. Again, not good enough.
Voices for Pets then went through public civil records and discovered that Schmerker was being sued by a man he had shot in a dispute over money. On March 18, 1998, while still on probation and ordered not to have any guns, Schmerker had pulled out a .45 semiautomatic and shot the unarmed man through the stomach.
The police report, including witnesses' statements, showed clearly that Schmerker was the shooter, and indeed Schmerker admitted being the shooter. Police took the gun and arrested Schmerker for assault with a deadly weapon.
Voices for Pets then called Lafayette Police Sergeant Fisher, who had been in charge of the shooting investigation. He told us he felt he had sent a good case to the D.A.'s office but that they had declined to prosecute.
Voices for Pets then called Schmerker's probation officer, Peggy Rachelle and told her of the shooting and that this had happened while Schmerker was on probation and ordered not to have guns. She said she was not aware of the shooting and had only recommended a violation on the basis of Schmerker and his wife not going to diversion. We said it seemed that although he had not been charged, it was clear he had been in possession of a handgun while on probation, and this seemed to be a much more serious violation, and we asked if she could amend her recommendation. She recommended that we refer this to the District Attorney's office.
Voices for Pets then talked to Deputy D.A. Stacey Grassini, who was handling the probation revocation case. He also said he was not aware of the shooting and asked that we supply him with documentation. Voices for Pets then hand-delivered a copy of the police report in the shooting incident, and also a transcript from the civil case deposition in which Schmerker admits having and firing the gun. In a follow-up phone call, Mr. Grassini said that he would amend the violation charges to include possession of a weapon. This is better, but still not good enough. Only a felony conviction will put Schmerker out of business and stop his killing. A preliminary hearing on the probation revocation charges is set for Thursday, March 2, 2000.
Please write to District Attorney Gary Yancey.
Gary Yancey
Contra Costa County District Attorney
Courthouse, 4th Floor
Martinez, CA 94553
(FAX: 925-646-2116)
Ask that, in addition to pressing for jail time for the probation violation, he take another look at the shooting and give serious consideration to pressing a felony charge against Schmerker for assault with a deadly weapon.
May 2000
KILLER TRAPPER--JAMES SCHMERKER
In the Voices For Pets February update, we told you about some of the documented killings of family pets by James Schmerker. In one 2-month period, Schmerker set body-crushing traps in Emeryville, Lafayette, and Danville that killed three pet cats and injured one dog. These traps were set in residential neighborhoods, like yours, on walkways, between houses, in storm drain openings at the curb, etc. It is only a question of time before a child is injured or killed. Have you had a squirrel, raccoon, or other wildlife friend that used to visit and delight you but no longer does? Has your pet disappeared? Wherever these traps are set, wildlife and pets do disappear. What is unusual is for a family to find their pet in a trap before the body is disposed of.
At the Watergate Condominiums in Emeryville, the homeowners' association manager hired Schmerker to set traps throughout the property without notifying the people who live there, endangering not only wildlife but adults, children, and pets. Even after six-year-old Michael, a much-loved family cat, was crushed and killed in a trap, the traps were not removed. Dr. Marybeth Rymer, a veterinarian who lives at Watergate and found her cat crushed to death, said, "One evening a week later, several of us standing on the boardwalk helplessly watched in dismay as a screaming raccoon frantically fought a trap on his leg. As he stumbled across the boulders, he fell into the bay and drowned. We have also heard the heart-wrenching sounds of raccoons trapped and dying while sleeping at night." The traps were still not removed. Three months later, a number of people witnessed a trapped raccoon in the opening of a sidewalk storm drain next to the tennis court. One witness was missing two pet cats. When she asked the trapper and the Watergate Management about her pets, she was told "no cats have been killed."
In a Danville residential neighborhood, Mack Gardner at 112 Gerald Drive hired Schmerker to trap raccoons. On December 7, 1999, a woman walking her dog stopped to talk with Mr. Gardner. Her dog, Jimmy, wandered through an open gate and was injured, with his head caught in a trap, but was rescued before he died. The traps were not removed. Four days later, a 12-year-old cat, Soccer (photo at left), was found by his family crushed to death.
In Emeryville, Lafayette, and Danville, when the families did find their pet dead in a trap, Schmerker said "I have a license and there is nothing you can do about it." Because of media coverage, Contra Costa Animal Control checked and discovered that Schmerker had not been licensed since 1995 and charged him with two misdemeanors, which is no more than a minor traffic violation.
In both the trapping case, and an unrelated case in which both Schmerker and his wife are charged with possessing methamphetamine and concealed handguns, Schmerker has shown up for court wearing grimy overalls with blood spatters on his legs and a California Trappers Association patch on his shoulder. During one court break on April 20, Dianne Schmerker followed me down and back up the stairs saying things like, "We know where you live and we know you have pets."
Schmerker continues to kill in our neighborhoods every day. In April, he bought a new $30,000 truck. That alone represents a lot of suffering.
Schmerker is not the only trapper in our neighborhoods. Look in the Yellow Pages under Animal Trappers and under Pest Control. I am not talking about people who spray for ants and termites. I am talking about trappers who cripple and kill our wildlife and pets and endanger our children.
And what about the victims? For the homeless pets, their only crime is that they are homeless. For the pets that have homes and families, their only crime is that they went exploring in their own neighborhood. For the wildlife, their only crime is that they exist.
These body-crushing traps do not discriminate between squirrels, raccoons, birds, endangered species, pets, or children. And they are used in your neighborhood.
What We Can Do
In 1998, Proposition 4, banning leghold and other body-gripping traps, was passed overwhelmingly by the voters.
In putting together Proposition 4, the wording was negotiated and renegotiated. It ended up badly worded, with many loopholes, and the trappers are ignoring it and claiming that it does not apply to them. In response to Prop 4, the trappers formed a new organization to do propaganda and lobby the legislature. You can check out their web site at www.cnwcoa.org.
Prop 4 did one thing. It proved that an overwhelming majority of voters want these traps banned. The politicians know this and there are many politicians who feel as we do. Together we can stop this insidious torture and killing and make our neighborhoods safer for all life.
In talking to many other animal organizations, I have received much encouragement and offers of support. The Animal Protection Institute in Sacramento supplied us with a copy of a State Attorney General's opinion stating that a county may, by ordinance, ban the use of body-crushing traps. The 5-page opinion says in part, "Since a trap is nonselective, it is indiscriminate in what it snares, and persons (especially children), pets, and other non-targeted animals have been caught in them."
We can have these traps banned within our counties.
However, Voices For Pets does not have the funding or the organization to take on this huge project, while, in contrast, our opposition is well funded and organized. If trappers like Schmerker are to be stopped, it will take a tremendous effort, with Voices For Pets and many other animal groups working as equal partners.
What You Can Do
For you to be successful in banning body-crushing traps in your neighborhood, it must be done city by city, county by county.
First: Write to your mayor and city council, one letter addressed to all. Urge that your city government write to the county board of supervisors asking that body-crushing traps be banned within the county.
Second: Go to City Council and County Board of Supervisors meetings and during the public comments period, ask that body-crushing traps be banned in your county.
Third: As an individual you can take the initiative. If you are a volunteer at a shelter, the member of an animal organization, or simply feel strongly about the trapping issue, you can help by organizing with friends, neighbors, or other members of your organization to contact city and county officials in your area urging that they act to ban body-crushing traps.
We will provide as much support as we possibly can to anyone who is willing to take the initiative and act in their own local area. Voices For Pets will be making available a copy of the California Attorney General's opinion, plus a model law banning body crushing traps. We will be sending these to the mayor and city council in each Bay Area City and the county supervisors in each Bay Area county. We will also make these available on our web site.
Voices For Pets will also be working with other animal organization partners to ensure that our local city and county officials address the trapping issue.
This effort is in addition to an increasing number of cruelty to animal cases and veterinary expenses. We need your continued support.
SCHMERKER HAS TWO UPCOMING COURT DATES:
Three felony charges related to possession of methamphetamine and possession of concealed handguns: Thursday, May 18th, 8:30 a.m., Martinez Superior Court, 1020 Ward Street, Dept. 12.
Misdemeanor trapping without a license: Tuesday, June 6, 9:30 a.m., Walnut Creek Courthouse (Ygnacio and Civic Drive), Dept. 53.
Our presence does make a difference. If Schmerker gets jail time, every day he is locked up will mean less killing.
Leroy Moyer, Director
Voices For Pets
P.O. Box 30836
Walnut Creek, CA 94598
925-685-5388
www.voicesforpets.org
KILLER TRAPPER--JAMES SCHMERKER
In the Voices For Pets February update, we told you about some of the documented killings of family pets by James Schmerker. In one 2-month period, Schmerker set body-crushing traps in Emeryville, Lafayette, and Danville that killed three pet cats and injured one dog. These traps were set in residential neighborhoods, like yours, on walkways, between houses, in storm drain openings at the curb, etc. It is only a question of time before a child is injured or killed. Have you had a squirrel, raccoon, or other wildlife friend that used to visit and delight you but no longer does? Has your pet disappeared? Wherever these traps are set, wildlife and pets do disappear. What is unusual is for a family to find their pet in a trap before the body is disposed of.
At the Watergate Condominiums in Emeryville, the homeowners' association manager hired Schmerker to set traps throughout the property without notifying the people who live there, endangering not only wildlife but adults, children, and pets. Even after six-year-old Michael, a much-loved family cat, was crushed and killed in a trap, the traps were not removed. Dr. Marybeth Rymer, a veterinarian who lives at Watergate and found her cat crushed to death, said, "One evening a week later, several of us standing on the boardwalk helplessly watched in dismay as a screaming raccoon frantically fought a trap on his leg. As he stumbled across the boulders, he fell into the bay and drowned. We have also heard the heart-wrenching sounds of raccoons trapped and dying while sleeping at night." The traps were still not removed. Three months later, a number of people witnessed a trapped raccoon in the opening of a sidewalk storm drain next to the tennis court. One witness was missing two pet cats. When she asked the trapper and the Watergate Management about her pets, she was told "no cats have been killed."
In a Danville residential neighborhood, Mack Gardner at 112 Gerald Drive hired Schmerker to trap raccoons. On December 7, 1999, a woman walking her dog stopped to talk with Mr. Gardner. Her dog, Jimmy, wandered through an open gate and was injured, with his head caught in a trap, but was rescued before he died. The traps were not removed. Four days later, a 12-year-old cat, Soccer (photo at left), was found by his family crushed to death.
In Emeryville, Lafayette, and Danville, when the families did find their pet dead in a trap, Schmerker said "I have a license and there is nothing you can do about it." Because of media coverage, Contra Costa Animal Control checked and discovered that Schmerker had not been licensed since 1995 and charged him with two misdemeanors, which is no more than a minor traffic violation.
In both the trapping case, and an unrelated case in which both Schmerker and his wife are charged with possessing methamphetamine and concealed handguns, Schmerker has shown up for court wearing grimy overalls with blood spatters on his legs and a California Trappers Association patch on his shoulder. During one court break on April 20, Dianne Schmerker followed me down and back up the stairs saying things like, "We know where you live and we know you have pets."
Schmerker continues to kill in our neighborhoods every day. In April, he bought a new $30,000 truck. That alone represents a lot of suffering.
Schmerker is not the only trapper in our neighborhoods. Look in the Yellow Pages under Animal Trappers and under Pest Control. I am not talking about people who spray for ants and termites. I am talking about trappers who cripple and kill our wildlife and pets and endanger our children.
And what about the victims? For the homeless pets, their only crime is that they are homeless. For the pets that have homes and families, their only crime is that they went exploring in their own neighborhood. For the wildlife, their only crime is that they exist.
These body-crushing traps do not discriminate between squirrels, raccoons, birds, endangered species, pets, or children. And they are used in your neighborhood.
What We Can Do
In 1998, Proposition 4, banning leghold and other body-gripping traps, was passed overwhelmingly by the voters.
In putting together Proposition 4, the wording was negotiated and renegotiated. It ended up badly worded, with many loopholes, and the trappers are ignoring it and claiming that it does not apply to them. In response to Prop 4, the trappers formed a new organization to do propaganda and lobby the legislature. You can check out their web site at www.cnwcoa.org.
Prop 4 did one thing. It proved that an overwhelming majority of voters want these traps banned. The politicians know this and there are many politicians who feel as we do. Together we can stop this insidious torture and killing and make our neighborhoods safer for all life.
In talking to many other animal organizations, I have received much encouragement and offers of support. The Animal Protection Institute in Sacramento supplied us with a copy of a State Attorney General's opinion stating that a county may, by ordinance, ban the use of body-crushing traps. The 5-page opinion says in part, "Since a trap is nonselective, it is indiscriminate in what it snares, and persons (especially children), pets, and other non-targeted animals have been caught in them."
We can have these traps banned within our counties.
However, Voices For Pets does not have the funding or the organization to take on this huge project, while, in contrast, our opposition is well funded and organized. If trappers like Schmerker are to be stopped, it will take a tremendous effort, with Voices For Pets and many other animal groups working as equal partners.
What You Can Do
For you to be successful in banning body-crushing traps in your neighborhood, it must be done city by city, county by county.
First: Write to your mayor and city council, one letter addressed to all. Urge that your city government write to the county board of supervisors asking that body-crushing traps be banned within the county.
Second: Go to City Council and County Board of Supervisors meetings and during the public comments period, ask that body-crushing traps be banned in your county.
Third: As an individual you can take the initiative. If you are a volunteer at a shelter, the member of an animal organization, or simply feel strongly about the trapping issue, you can help by organizing with friends, neighbors, or other members of your organization to contact city and county officials in your area urging that they act to ban body-crushing traps.
We will provide as much support as we possibly can to anyone who is willing to take the initiative and act in their own local area. Voices For Pets will be making available a copy of the California Attorney General's opinion, plus a model law banning body crushing traps. We will be sending these to the mayor and city council in each Bay Area City and the county supervisors in each Bay Area county. We will also make these available on our web site.
Voices For Pets will also be working with other animal organization partners to ensure that our local city and county officials address the trapping issue.
This effort is in addition to an increasing number of cruelty to animal cases and veterinary expenses. We need your continued support.
SCHMERKER HAS TWO UPCOMING COURT DATES:
Three felony charges related to possession of methamphetamine and possession of concealed handguns: Thursday, May 18th, 8:30 a.m., Martinez Superior Court, 1020 Ward Street, Dept. 12.
Misdemeanor trapping without a license: Tuesday, June 6, 9:30 a.m., Walnut Creek Courthouse (Ygnacio and Civic Drive), Dept. 53.
Our presence does make a difference. If Schmerker gets jail time, every day he is locked up will mean less killing.
Leroy Moyer, Director
Voices For Pets
P.O. Box 30836
Walnut Creek, CA 94598
925-685-5388
www.voicesforpets.org
Thursday, August 3, 2000
THE TIMES
CONTRA COSTA
A Knight Ridder Newspaper
Editorial
Ban dangerous traps
Two years ago, California voters overwhelmingly passed Proposition 4, which banned leghold and other body-crushing animal traps. The Times was an avid supporter of Prop. 4 because the traps were being used in urban and suburban areas of Contra Costa and Alameda counties.
With the passage of Prop. 4, Californians, no doubt, believed that the problem of traps that maimed and killed pets as well as pests was solved. Unfortunately, that is not the case. The proposition has left loopholes big enough for trappers to continue their operations. They still set traps along county roads and city streets, in parks and open fields, between residential homes and in public storm drains.
The purpose of the traps is to capture troublesome and diseased animals. However, the traps do not discriminate between a bothersome raccoon and a family pet or a child. As a result many cats and dogs in East Bay residential areas have been injured and killed by the body-crushing traps.
If these types of traps were the only way to capture problem animals, there might be a good argument to continue their use. But that is not the case. Other kinds of traps that do not kill or maim animals can be used to catch diseased or otherwise pesky critters. Trappers say harmless traps are not as effective. That may be so, but the price of efficiency is too high, especially in neighborhoods where there are pets. Body-crushing traps also can be a threat to children.
Since Prop. 4 has failed to put an end to body-crushing traps, it is up to counties and cities to ban them. The sooner local officials act, the sooner traps that endanger children and pets can be replaced.
THE TIMES
CONTRA COSTA
A Knight Ridder Newspaper
Editorial
Ban dangerous traps
Two years ago, California voters overwhelmingly passed Proposition 4, which banned leghold and other body-crushing animal traps. The Times was an avid supporter of Prop. 4 because the traps were being used in urban and suburban areas of Contra Costa and Alameda counties.
With the passage of Prop. 4, Californians, no doubt, believed that the problem of traps that maimed and killed pets as well as pests was solved. Unfortunately, that is not the case. The proposition has left loopholes big enough for trappers to continue their operations. They still set traps along county roads and city streets, in parks and open fields, between residential homes and in public storm drains.
The purpose of the traps is to capture troublesome and diseased animals. However, the traps do not discriminate between a bothersome raccoon and a family pet or a child. As a result many cats and dogs in East Bay residential areas have been injured and killed by the body-crushing traps.
If these types of traps were the only way to capture problem animals, there might be a good argument to continue their use. But that is not the case. Other kinds of traps that do not kill or maim animals can be used to catch diseased or otherwise pesky critters. Trappers say harmless traps are not as effective. That may be so, but the price of efficiency is too high, especially in neighborhoods where there are pets. Body-crushing traps also can be a threat to children.
Since Prop. 4 has failed to put an end to body-crushing traps, it is up to counties and cities to ban them. The sooner local officials act, the sooner traps that endanger children and pets can be replaced.
September 21, 2000
Schmerker Trial Rescheduled for October 23rd
Case to be Heard Before a Judge
Trapper Schmerker's trial date, originally scheduled for Monday, September 25th, has been rescheduled. The new trial date and time are Monday, October 23rd at 10:00 a.m. at the Walnut Creek Courthouse, on Ygnacio and Civic Center Drive.
Again, Schmerker is accused of two misdemeanor counts of trapping without a license. The two counts relate to the deaths of two cats killed in body-crushing traps set in Danville and in Lafayette.
Please attend the October 23rd hearing, if you can. Our presence does make a difference.
If you cannot come to court, please write and call your mayor, city council, and county supervisors, asking that these lethal and nondiscriminating body-crushing traps be banned in your city and county. If we can put a ban on these body-crushing traps, it won't matter if Mr. Schmerker or other trappers like him have a license or not. For more information, see our web site (www.voicesforpets.org) or call Voices For Pets at 925-685-5388.
Leroy Moyer, Director
Voices For Pets
925-685-5388
www.voicesforpets.org
Schmerker Trial Rescheduled for October 23rd
Case to be Heard Before a Judge
Trapper Schmerker's trial date, originally scheduled for Monday, September 25th, has been rescheduled. The new trial date and time are Monday, October 23rd at 10:00 a.m. at the Walnut Creek Courthouse, on Ygnacio and Civic Center Drive.
Again, Schmerker is accused of two misdemeanor counts of trapping without a license. The two counts relate to the deaths of two cats killed in body-crushing traps set in Danville and in Lafayette.
Please attend the October 23rd hearing, if you can. Our presence does make a difference.
If you cannot come to court, please write and call your mayor, city council, and county supervisors, asking that these lethal and nondiscriminating body-crushing traps be banned in your city and county. If we can put a ban on these body-crushing traps, it won't matter if Mr. Schmerker or other trappers like him have a license or not. For more information, see our web site (www.voicesforpets.org) or call Voices For Pets at 925-685-5388.
Leroy Moyer, Director
Voices For Pets
925-685-5388
www.voicesforpets.org
October 8, 2000
Update/Two Important Court Dates This Month
On July 31, 2000, James and Diann Schmerker were sentenced to 6 months in County Jail for a 1996 arrest for possession of methamphetamine and concealed handguns. The judge gave them until September 1st to apply for and be accepted in the Sheriff's Department's Electronic Ankle Bracelet Home Detention Program.
September 1st came and went with no action taken, and Schmerker was once more falling through the cracks in our judicial system. After repeated phone calls and other activity, on October 6, Schmerker was taken into custody.
In another case involving Schmerker's using body-crushing traps "without a license" in residential neighborhoods, which resulted in the deaths of three family cats and severe injury to a dog, there are two important court dates coming up. It is important that as many people as possible attend:
The first court date is a pretrial hearing scheduled for this Wednesday, October 11th, at 9:30 a.m. at the Walnut Creek Courthouse, Ygnacio and Civic Drive, 2nd Floor, in Walnut Creek. At this hearing, Schmerker could accept the plea bargain offered him, in which one of the charges would be dropped in exchange for his pleading guilty to the other.
If Schmerker does not accept the plea bargain, he is scheduled to appear on Monday, October 23rd, at 10:00 a.m. at the Walnut Creek Courthouse, Ygnacio and Civic Drive, 2nd Floor, in Walnut Creek.
Court dates do change, so please call Voices For Pets one or two days before the above court dates to confirm the trial dates and times.
We hope to see you in court--our presence is important, and it does make a difference!
Leroy Moyer, Director - Voices For Pets - 925-685-5388
Update/Two Important Court Dates This Month
On July 31, 2000, James and Diann Schmerker were sentenced to 6 months in County Jail for a 1996 arrest for possession of methamphetamine and concealed handguns. The judge gave them until September 1st to apply for and be accepted in the Sheriff's Department's Electronic Ankle Bracelet Home Detention Program.
September 1st came and went with no action taken, and Schmerker was once more falling through the cracks in our judicial system. After repeated phone calls and other activity, on October 6, Schmerker was taken into custody.
In another case involving Schmerker's using body-crushing traps "without a license" in residential neighborhoods, which resulted in the deaths of three family cats and severe injury to a dog, there are two important court dates coming up. It is important that as many people as possible attend:
The first court date is a pretrial hearing scheduled for this Wednesday, October 11th, at 9:30 a.m. at the Walnut Creek Courthouse, Ygnacio and Civic Drive, 2nd Floor, in Walnut Creek. At this hearing, Schmerker could accept the plea bargain offered him, in which one of the charges would be dropped in exchange for his pleading guilty to the other.
If Schmerker does not accept the plea bargain, he is scheduled to appear on Monday, October 23rd, at 10:00 a.m. at the Walnut Creek Courthouse, Ygnacio and Civic Drive, 2nd Floor, in Walnut Creek.
Court dates do change, so please call Voices For Pets one or two days before the above court dates to confirm the trial dates and times.
We hope to see you in court--our presence is important, and it does make a difference!
Leroy Moyer, Director - Voices For Pets - 925-685-5388
October 11, 2000
Schmerker Accepts Plea-Bargain--Final Sentencing Set for Friday, October 13th at 9:30 a.m.
On October 11, 2000, at the plea-bargain hearing on the trapping charges against James Schmerker, a plea-bargain agreement was reached, although Schmerker was in custody on unrelated charges and was not in court. Through his attorney, Schmerker agreed to plead guilty to one count of trapping without a license (he had originally been charged with two counts).
The plea-bargain calls for 3 years of probation, a $350 fine, and 90 days of jail time (which will be served concurrently with Schmerker's other unrelated sentence for possession of methamphetamine and concealed handguns). In other words, Schmerker will not have to serve any additional time related to the trapping case.
According to Deputy D.A. Kevin Smith, Schmerker is expected to serve, for the meth/handguns case, a total of about 84 days in county jail (180 days for the felony case, minus 1/3 time off, with credit for time served, including the time he spent applying for home detention).
Further, the judge at today's pretrial hearing, Judge Bruce Van Voorhis, was quite upset that Schmerker was taken into custody this week when he showed up to apply for the Sheriff's Ankle Bracelet Home Detention Program (for which Schmerker does not meet the qualifications).
Judge Van Voorhis, by the way, is the same judge who presided in the 1993 Danville case of the beheading of Jingles the cat, and who rubber-stamped the D.A.'s recommendation of a misdemeanor with a $200 fine and no jail time.
Although in the case of this particular judge it will not likely have much effect on the sentencing, a 1988 Victim's Impact Law gives victims' families the right to make a statement before sentencing; and because the families of Schmerker's trapping victims have designated Voices For Pets to make a statement on their behalf, Voices For Pets will make a victim's impact statement at the final sentencing hearing on the trapping case this Friday. This is an opportunity to speak for those who have no voice--Schmerker's non-human animal victims. If you can attend, please do so. The hearing will be held this Friday, October 13th, at 9:30 a.m. in Department 24 of the Walnut Creek Courthouse, Ygnacio and Civic Center Drive in Walnut Creek.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
Schmerker Accepts Plea-Bargain--Final Sentencing Set for Friday, October 13th at 9:30 a.m.
On October 11, 2000, at the plea-bargain hearing on the trapping charges against James Schmerker, a plea-bargain agreement was reached, although Schmerker was in custody on unrelated charges and was not in court. Through his attorney, Schmerker agreed to plead guilty to one count of trapping without a license (he had originally been charged with two counts).
The plea-bargain calls for 3 years of probation, a $350 fine, and 90 days of jail time (which will be served concurrently with Schmerker's other unrelated sentence for possession of methamphetamine and concealed handguns). In other words, Schmerker will not have to serve any additional time related to the trapping case.
According to Deputy D.A. Kevin Smith, Schmerker is expected to serve, for the meth/handguns case, a total of about 84 days in county jail (180 days for the felony case, minus 1/3 time off, with credit for time served, including the time he spent applying for home detention).
Further, the judge at today's pretrial hearing, Judge Bruce Van Voorhis, was quite upset that Schmerker was taken into custody this week when he showed up to apply for the Sheriff's Ankle Bracelet Home Detention Program (for which Schmerker does not meet the qualifications).
Judge Van Voorhis, by the way, is the same judge who presided in the 1993 Danville case of the beheading of Jingles the cat, and who rubber-stamped the D.A.'s recommendation of a misdemeanor with a $200 fine and no jail time.
Although in the case of this particular judge it will not likely have much effect on the sentencing, a 1988 Victim's Impact Law gives victims' families the right to make a statement before sentencing; and because the families of Schmerker's trapping victims have designated Voices For Pets to make a statement on their behalf, Voices For Pets will make a victim's impact statement at the final sentencing hearing on the trapping case this Friday. This is an opportunity to speak for those who have no voice--Schmerker's non-human animal victims. If you can attend, please do so. The hearing will be held this Friday, October 13th, at 9:30 a.m. in Department 24 of the Walnut Creek Courthouse, Ygnacio and Civic Center Drive in Walnut Creek.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
October 30, 2000
Dianne Schmerker in Custody, Final Hearing for James Schmerker Set for November 13th at 8:30 a.m. at Walnut Creek Courthouse
On October 19, 2000, Dianne Schmerker was taken into custody to serve three months, either for a probation violation or because she failed to qualify for electronic home detention. We don't know if these three months are considered part of her six-month sentence (for possession of methamphetamine and possession of concealed and loaded handguns).
We also do not know if James Schmerker has qualified for the electronic home detention program (for which he was denied earlier), but we do know that he is not in custody. James Schmerker's next court appearance is November 13th at 8:30 a.m. in Department 24, 2nd floor of the Walnut Creek Courthouse, Civic Drive and Ygacio in the City of Walnut Creek. This hearing was ordered to determine whether Schmerker should pay money to his animal victims' families.
At Schmerker's plea-bargain sentencing hearing on October 13th, he was ordered not to engage in pest control without a license and to produce such license upon request by a peace officer at any time, and he was ordered to pay a $350 fine. He received a sentence of 90 days, to run concurrent with the sentence he is already serving, and if he gets home detention, he will not do any jail time at all. Click here to see the transcript of the sentencing hearing held October 13, 2000 for James Schmerker.
Good news, however: Schmerker's house, on which he owes $196,000, was to be sold in foreclosure on the courthouse steps in Martinez on October 24th. However, that sale was cancelled when Schmerker filed for bankruptcy. His electricity has been shut off. Junk, garbage, wrecked cars, and a dilapidated house litter Schmerker's property, which he inherited three years ago when his parents died. However, the land itself, because of its location, has some value. We don't know if Schmerker's lawyer has been paid for his services, but we do know that lawyers normally want their money up-front, and we imagine the cost of an attorney has helped drive Schmerker into bankruptcy.
Please set aside the court date, November 13th at 8:30, to attend what will probably be the final hearing in this case. Court dates do change, so if you plan to attend, please call 925-685-5388 a day or two before the hearing to confirm the date and time.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
Dianne Schmerker in Custody, Final Hearing for James Schmerker Set for November 13th at 8:30 a.m. at Walnut Creek Courthouse
On October 19, 2000, Dianne Schmerker was taken into custody to serve three months, either for a probation violation or because she failed to qualify for electronic home detention. We don't know if these three months are considered part of her six-month sentence (for possession of methamphetamine and possession of concealed and loaded handguns).
We also do not know if James Schmerker has qualified for the electronic home detention program (for which he was denied earlier), but we do know that he is not in custody. James Schmerker's next court appearance is November 13th at 8:30 a.m. in Department 24, 2nd floor of the Walnut Creek Courthouse, Civic Drive and Ygacio in the City of Walnut Creek. This hearing was ordered to determine whether Schmerker should pay money to his animal victims' families.
At Schmerker's plea-bargain sentencing hearing on October 13th, he was ordered not to engage in pest control without a license and to produce such license upon request by a peace officer at any time, and he was ordered to pay a $350 fine. He received a sentence of 90 days, to run concurrent with the sentence he is already serving, and if he gets home detention, he will not do any jail time at all. Click here to see the transcript of the sentencing hearing held October 13, 2000 for James Schmerker.
Good news, however: Schmerker's house, on which he owes $196,000, was to be sold in foreclosure on the courthouse steps in Martinez on October 24th. However, that sale was cancelled when Schmerker filed for bankruptcy. His electricity has been shut off. Junk, garbage, wrecked cars, and a dilapidated house litter Schmerker's property, which he inherited three years ago when his parents died. However, the land itself, because of its location, has some value. We don't know if Schmerker's lawyer has been paid for his services, but we do know that lawyers normally want their money up-front, and we imagine the cost of an attorney has helped drive Schmerker into bankruptcy.
Please set aside the court date, November 13th at 8:30, to attend what will probably be the final hearing in this case. Court dates do change, so if you plan to attend, please call 925-685-5388 a day or two before the hearing to confirm the date and time.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
November 13, 2000
TRAPPING BAN CAMPAIGN
Reading of the City of Pinole's Proposed Trapping Ban Ordinance
Scheduled for November 21st at 7:00 p.m. at the Pinole City Hall
When the issue of banning body-crushing traps was first put on their agenda on August 1st of this year, the Pinole City Council voted unanimously to have their City Attorney prepare an ordinance banning these traps throughout the City of Pinole. The reading of that proposed ordinance, with public comment, is scheduled for Tuesday, November 21st at 7:00 p.m. at the Pinole City Hall, 2131 Pear Street, Pinole.
We are encouraging animal lovers to attend this important meeting.
The agenda for the November 21st City Council meeting (as well as city council members' e-mail addresses) will appear on the city's web site (www.ci.pinole.ca.us) on Friday, November 16th.
Leroy Moyer, Director
Voices For Pets
925-685-5388
TRAPPING BAN CAMPAIGN
Reading of the City of Pinole's Proposed Trapping Ban Ordinance
Scheduled for November 21st at 7:00 p.m. at the Pinole City Hall
When the issue of banning body-crushing traps was first put on their agenda on August 1st of this year, the Pinole City Council voted unanimously to have their City Attorney prepare an ordinance banning these traps throughout the City of Pinole. The reading of that proposed ordinance, with public comment, is scheduled for Tuesday, November 21st at 7:00 p.m. at the Pinole City Hall, 2131 Pear Street, Pinole.
We are encouraging animal lovers to attend this important meeting.
The agenda for the November 21st City Council meeting (as well as city council members' e-mail addresses) will appear on the city's web site (www.ci.pinole.ca.us) on Friday, November 16th.
Leroy Moyer, Director
Voices For Pets
925-685-5388
November 16, 2000
Berkeley Citizens Humane Commission Votes Unanimously to Ban Body-Crushing Traps
Yesterday evening, November 15th, the Berkeley Citizens Humane Commission, after discussion of the issue of banning body-crushing traps within the City of Berkeley, voted unanimously to request that the City Attorney prepare an ordinance banning these traps. Once prepared, the proposed ordinance will be presented to the Berkeley City Council.
Thanks to everyone who attended the Berkeley Citizens Humane Commission Meeting.
A reminder: The Pinole City Council is meeting next Tuesday, November 21st, at 7:00 p.m., in the Pinole City Hall, 2131 Pear Street, Pinole, for a reading of that city's proposed model law which would ban body-crushing traps in the City of Pinole. We are encouraging animal lovers to attend this meeting, the agenda for which (as well as city council members' e-mail addresses) will appear on the city's web site (www.ci.pinole.ca.us) on Friday, November 17th.
Leroy Moyer, Director
Voices For Pets
925-685-5388
www.voicesforpets.org
Berkeley Citizens Humane Commission Votes Unanimously to Ban Body-Crushing Traps
Yesterday evening, November 15th, the Berkeley Citizens Humane Commission, after discussion of the issue of banning body-crushing traps within the City of Berkeley, voted unanimously to request that the City Attorney prepare an ordinance banning these traps. Once prepared, the proposed ordinance will be presented to the Berkeley City Council.
Thanks to everyone who attended the Berkeley Citizens Humane Commission Meeting.
A reminder: The Pinole City Council is meeting next Tuesday, November 21st, at 7:00 p.m., in the Pinole City Hall, 2131 Pear Street, Pinole, for a reading of that city's proposed model law which would ban body-crushing traps in the City of Pinole. We are encouraging animal lovers to attend this meeting, the agenda for which (as well as city council members' e-mail addresses) will appear on the city's web site (www.ci.pinole.ca.us) on Friday, November 17th.
Leroy Moyer, Director
Voices For Pets
925-685-5388
www.voicesforpets.org
January 20, 2001
Trapper James Schmerker Ordered to Appear on Monday, January 29, at 1:30 p.m. at the Walnut Creek Courthouse
Killer trapper James Schmerker has failed to qualify for home detention, and has been ordered to appear in court on January 29th to show cause why he should not have his probation revoked and be ordered to serve his 90-day jail sentence related to charges in the trapping case. If the D.A. and the judge file new charges of trapping without a license and being a felon in possession of a stash of guns, Schmerker could go to prison for a number of years. They might, however, simply let him serve out his remaining sentence of six months, in which case, with automatic time-offs, he would be back out in the community klling in less than four months.
At his plea bargain sentencing hearing in October of last year, he was ordered not to engage in pest control without a license. He received a sentence of 90 days, to run concurrent with the sentence he was already serving on unrelated drug and gun possession charges. On November 13th the judge in the trapping case, Judge Van Voorhis, ordered Schmerker released to reapply for home detention. As he failed to quality for home detention, he must serve the remainder of his sentence in the county jail.
Schmerker, who has, not surprisingly, continued to trap despite the judge's order, is currently on the run. On December 18th, Lafayette police, responding to a call from Voices For Pets, visited Schmerker's Vals Lane home. They discovered the recently deceased bodies of 10 raccoons, some still in body-crushing traps, and a freezer filled with the bodies of dead animals. Schmerker at that time claimed that he had stored the animals in the freezer because he could not be constantly going to the dump to dispose of them. Lafayette police referred the case to Animal Control. Animal Control visited Schmerker's home 18 days later, on January 5th, and discovered a collection of guns--numerous rifles and at least one handgun. (Schmerker, a convicted felon, is forbidden by law to possess firearms, and was specifically ordered, by Judge Minney on August 1, 2000, and by Judge Von Voorhis on November 13th, not to possess firearms.)
Schmerker has not been seen since January 6th. He has also been ordered to surrender to Contra Costa County Jail on January 25th to serve the remainder of the sentence he received in a case related to possession of methamphetamine and guns. If Schmerker does surrender to the County Jail on January 25th, he will be brought to Walnut Creek Superior Court on January 29th at 1:30 in his prison jumpsuit for the hearing related to the trapping case.
It is important that as many of us as possible be in court on January 29th. The court needs to see how concerned the community is that this sadistic killer continues to remain at large, continues to trap and kill animals and to possess firearms, in defiance of court order.
Please come to Walnut Creek Superior Court, 640 Ygnacio Valley Road, 2nd floor on Monday, January 29th at 1:30 p.m. Call Voices For Pets at 925-685-5388 if you have questions or need directions.
Leroy Moyer, Director - Voices For Pets - 925-685-5388--www.voicesforpets.org
Trapper James Schmerker Ordered to Appear on Monday, January 29, at 1:30 p.m. at the Walnut Creek Courthouse
Killer trapper James Schmerker has failed to qualify for home detention, and has been ordered to appear in court on January 29th to show cause why he should not have his probation revoked and be ordered to serve his 90-day jail sentence related to charges in the trapping case. If the D.A. and the judge file new charges of trapping without a license and being a felon in possession of a stash of guns, Schmerker could go to prison for a number of years. They might, however, simply let him serve out his remaining sentence of six months, in which case, with automatic time-offs, he would be back out in the community klling in less than four months.
At his plea bargain sentencing hearing in October of last year, he was ordered not to engage in pest control without a license. He received a sentence of 90 days, to run concurrent with the sentence he was already serving on unrelated drug and gun possession charges. On November 13th the judge in the trapping case, Judge Van Voorhis, ordered Schmerker released to reapply for home detention. As he failed to quality for home detention, he must serve the remainder of his sentence in the county jail.
Schmerker, who has, not surprisingly, continued to trap despite the judge's order, is currently on the run. On December 18th, Lafayette police, responding to a call from Voices For Pets, visited Schmerker's Vals Lane home. They discovered the recently deceased bodies of 10 raccoons, some still in body-crushing traps, and a freezer filled with the bodies of dead animals. Schmerker at that time claimed that he had stored the animals in the freezer because he could not be constantly going to the dump to dispose of them. Lafayette police referred the case to Animal Control. Animal Control visited Schmerker's home 18 days later, on January 5th, and discovered a collection of guns--numerous rifles and at least one handgun. (Schmerker, a convicted felon, is forbidden by law to possess firearms, and was specifically ordered, by Judge Minney on August 1, 2000, and by Judge Von Voorhis on November 13th, not to possess firearms.)
Schmerker has not been seen since January 6th. He has also been ordered to surrender to Contra Costa County Jail on January 25th to serve the remainder of the sentence he received in a case related to possession of methamphetamine and guns. If Schmerker does surrender to the County Jail on January 25th, he will be brought to Walnut Creek Superior Court on January 29th at 1:30 in his prison jumpsuit for the hearing related to the trapping case.
It is important that as many of us as possible be in court on January 29th. The court needs to see how concerned the community is that this sadistic killer continues to remain at large, continues to trap and kill animals and to possess firearms, in defiance of court order.
Please come to Walnut Creek Superior Court, 640 Ygnacio Valley Road, 2nd floor on Monday, January 29th at 1:30 p.m. Call Voices For Pets at 925-685-5388 if you have questions or need directions.
Leroy Moyer, Director - Voices For Pets - 925-685-5388--www.voicesforpets.org
February 5, 2001
Trapper James Schmerker Fails to Show up for Probation Violation Hearing
On January 29th, killer trapper James Schmerker did not show up for his scheduled probation violation hearing at the Walnut Creek Courthouse. Schmerker was already a fugitive for not having reported to jail on January 25th as ordered by a judge in a non-trapping-related felony conviction for illegal possession of firearms/methamphetamine. Consequently, Judge Van Voorhis ordered a no-bail warrant issued for his arrest. This means that if Schmerker is stopped by police for any reason, he will be held in jail until he appears before a judge.
A Lafayette Police report by Deputy Sheriff G. Anderson (Report #DR00-35941) detailed new instances of illegal trapping by Schmerker, called in by Voices For Pets on December 18, 2000. When Deputy Sheriff Anderson went to Schmerker's home that night, he found 10 recently killed dead animals, many still in body-crushing traps, plus a freezer full of animal bodies, plus one live raccoon (which was left in Schermker's "care"). On January 5th, when Lafayette officers and Animal Control returned to Schmerker's home, they found more freshly killed dead animals, plus firearms, which included an illegal assault rifle and a stolen handgun with hundreds of rounds of ammunition. They confiscated the firearms but left the animals' bodies and the trapping equipment behind. On January 28th, Schmerker's 32-year-old brother, Brett, was in the driveway of their house burning animals that were in traps with a blowtorch.
You can help by writing and/or faxing letters to the Contra Costa District Attorney asking that new charges be filed against Schmerker for trapping and killing animals without a license, as well as for being a felon in possession of illegal firearms. No new charges have been filed against Schmerker or his brother. If Schmerker's probation is simply revoked and he is allowed to serve out his current sentence, he could be back in the community killing in less than four months. However, if the D.A. files new charges of trapping without a license and being a felon in possession of a stash of guns, Schmerker could go to prison for a number of years.
Please write to the Contra Costa District Attorney asking that he file new charges against Schmerker; write to:
Gary Yancey
Contra Costa County District Attorney
Courthouse, 4th Floor
Martinez, CA 94553
Fax: 925-646-2116
Trapper James Schmerker Fails to Show up for Probation Violation Hearing
On January 29th, killer trapper James Schmerker did not show up for his scheduled probation violation hearing at the Walnut Creek Courthouse. Schmerker was already a fugitive for not having reported to jail on January 25th as ordered by a judge in a non-trapping-related felony conviction for illegal possession of firearms/methamphetamine. Consequently, Judge Van Voorhis ordered a no-bail warrant issued for his arrest. This means that if Schmerker is stopped by police for any reason, he will be held in jail until he appears before a judge.
A Lafayette Police report by Deputy Sheriff G. Anderson (Report #DR00-35941) detailed new instances of illegal trapping by Schmerker, called in by Voices For Pets on December 18, 2000. When Deputy Sheriff Anderson went to Schmerker's home that night, he found 10 recently killed dead animals, many still in body-crushing traps, plus a freezer full of animal bodies, plus one live raccoon (which was left in Schermker's "care"). On January 5th, when Lafayette officers and Animal Control returned to Schmerker's home, they found more freshly killed dead animals, plus firearms, which included an illegal assault rifle and a stolen handgun with hundreds of rounds of ammunition. They confiscated the firearms but left the animals' bodies and the trapping equipment behind. On January 28th, Schmerker's 32-year-old brother, Brett, was in the driveway of their house burning animals that were in traps with a blowtorch.
You can help by writing and/or faxing letters to the Contra Costa District Attorney asking that new charges be filed against Schmerker for trapping and killing animals without a license, as well as for being a felon in possession of illegal firearms. No new charges have been filed against Schmerker or his brother. If Schmerker's probation is simply revoked and he is allowed to serve out his current sentence, he could be back in the community killing in less than four months. However, if the D.A. files new charges of trapping without a license and being a felon in possession of a stash of guns, Schmerker could go to prison for a number of years.
Please write to the Contra Costa District Attorney asking that he file new charges against Schmerker; write to:
Gary Yancey
Contra Costa County District Attorney
Courthouse, 4th Floor
Martinez, CA 94553
Fax: 925-646-2116
Latest Update March 8, 2001
Trapper James Schmerker in Custody
Since our December 2000 update on the case of killer Trapper James Schmerker, a Lafayette police report by Deputy Sheriff G. Anderson detailed new instances of illegal trapping by Schmerker, called in by Voices For Pets on December 18, 2000. When Deputy Anderson went to Schmerker's home that night, he found 10 recently killed dead animals, many still in body-crushing traps, plus a freezer full of animal bodies, plus one live raccoon (which was left in Schmerker's "care").
On January 5th, 2001, when Lafayette officers and Animal Control returned to Schmerker's home, they found more freshly killed dead animals, plus firearms, which included an illegal assault rifle and a stolen handgun with hundreds of rounds of ammunition. They confiscated the firearms but left the animals' bodies and the trapping equipment behind.
On January 28th, Schmerker's 32-year-old brother, Brett, was in the driveway of their house burning animals that were in traps with a blowtorch.
On January 29th, Schmerker was scheduled to show up for a probation violation hearing at the Walnut Creek Courthouse. He did not show up. Schmerker was already a fugitive for not having reported to jail on January 25th as ordered by a judge in a non-trapping-related felony conviction for illegal possession of firearms/methamphetamine. Consequently, Judge Van Voorhis ordered a no-bail warrant issued for his arrest.
Nothing happened until February 8, when Schmerker was arrested. He was brought before a judge on February 9. The district attorney's office declined to file new charges for the more recent killings. Also, the court at that time reinstated Schmerker's 90-day sentence on the original trapping charge, but removed its "concurrent" status--meaning he would have to serve these 90 days in addition to (rather than at the same time as) the time he was to serve on the guns/methamphetamine charges.
On February 20th, the Martinez court scheduled a probation conference for the felony methamphetamine/gun conviction. However, in court on February 20th, when Schmerker's name was called, he did not answer. The judge then issued a bench warrant for Schmerker's arrest. At that point, Voices For Pets spoke up and informed the judge that Schmerker was already in custody. The judge then scheduled another probation conference hearing for March 6th, where behind closed doors, Schmerker's original sentence of six months was reinstated. There was no additional time for repeatedly violating court orders, no new charges for the illegal assault rifle or the stolen .45 handgun, or for being a felon in possession of guns.
For the two cases combined, Schmerker will serve: Three months for the misdemeanor trapping without a license, and six months for the original meth/guns, for a total of nine months. With 24 days already served, and an automatic one day off for every two days served, Schmerker will be back in our community killing again within six months.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
Trapper James Schmerker in Custody
Since our December 2000 update on the case of killer Trapper James Schmerker, a Lafayette police report by Deputy Sheriff G. Anderson detailed new instances of illegal trapping by Schmerker, called in by Voices For Pets on December 18, 2000. When Deputy Anderson went to Schmerker's home that night, he found 10 recently killed dead animals, many still in body-crushing traps, plus a freezer full of animal bodies, plus one live raccoon (which was left in Schmerker's "care").
On January 5th, 2001, when Lafayette officers and Animal Control returned to Schmerker's home, they found more freshly killed dead animals, plus firearms, which included an illegal assault rifle and a stolen handgun with hundreds of rounds of ammunition. They confiscated the firearms but left the animals' bodies and the trapping equipment behind.
On January 28th, Schmerker's 32-year-old brother, Brett, was in the driveway of their house burning animals that were in traps with a blowtorch.
On January 29th, Schmerker was scheduled to show up for a probation violation hearing at the Walnut Creek Courthouse. He did not show up. Schmerker was already a fugitive for not having reported to jail on January 25th as ordered by a judge in a non-trapping-related felony conviction for illegal possession of firearms/methamphetamine. Consequently, Judge Van Voorhis ordered a no-bail warrant issued for his arrest.
Nothing happened until February 8, when Schmerker was arrested. He was brought before a judge on February 9. The district attorney's office declined to file new charges for the more recent killings. Also, the court at that time reinstated Schmerker's 90-day sentence on the original trapping charge, but removed its "concurrent" status--meaning he would have to serve these 90 days in addition to (rather than at the same time as) the time he was to serve on the guns/methamphetamine charges.
On February 20th, the Martinez court scheduled a probation conference for the felony methamphetamine/gun conviction. However, in court on February 20th, when Schmerker's name was called, he did not answer. The judge then issued a bench warrant for Schmerker's arrest. At that point, Voices For Pets spoke up and informed the judge that Schmerker was already in custody. The judge then scheduled another probation conference hearing for March 6th, where behind closed doors, Schmerker's original sentence of six months was reinstated. There was no additional time for repeatedly violating court orders, no new charges for the illegal assault rifle or the stolen .45 handgun, or for being a felon in possession of guns.
For the two cases combined, Schmerker will serve: Three months for the misdemeanor trapping without a license, and six months for the original meth/guns, for a total of nine months. With 24 days already served, and an automatic one day off for every two days served, Schmerker will be back in our community killing again within six months.
Leroy Moyer, Director - Voices For Pets - 925-685-5388
James Schmerker is one of the trappers operating in our communities whose traps have caused death and injury to numerous family pets as well as wildlife.
Schmerker is current charged with trapping without a license and violation of parole (involving concealed weapons and possession of methamphetamine).
James Schmerker is not alone. Trapping is a lucrative business in California, and it continues despite the overwhelming passage of Proposition 4 by California voters. Many citizens believed that Proposition 4 would put an end to the use of body-crushing and leg-hold traps in this state. However, due to a loophole caused by the wording of the law, it has been challenged in court and is not currently being applied.
Nevertheless, you can help to ensure that these traps, which do not discriminate and which endanger our children, pets, and wildlife, are no longer used in our neighborhoods. Click here to see what the Contra Costa County Veterinary Medical Associations says about the traps.
Schmerker is current charged with trapping without a license and violation of parole (involving concealed weapons and possession of methamphetamine).
James Schmerker is not alone. Trapping is a lucrative business in California, and it continues despite the overwhelming passage of Proposition 4 by California voters. Many citizens believed that Proposition 4 would put an end to the use of body-crushing and leg-hold traps in this state. However, due to a loophole caused by the wording of the law, it has been challenged in court and is not currently being applied.
Nevertheless, you can help to ensure that these traps, which do not discriminate and which endanger our children, pets, and wildlife, are no longer used in our neighborhoods. Click here to see what the Contra Costa County Veterinary Medical Associations says about the traps.