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Tax ID number is 46-3904233
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HACHI (Hobo) SUPPORTERS!
If you made a cash, check or PayPal
contribution towards Hachi’s
(Hobo’s) care, to ANY organization
besides Mutts and Mayhem anytime
in 2017 or 2018, we would like to
hear from you! Please email
charitablegiving@muttsandmayhem
.org
Legal Fund Supporters
Thank You!
Ann Ennis
Barbara Sternberg
Cheryl Zink
Christina Goin
Cindy Murray
Clark Trobaugh
Cynthia Carruthers
Cynthia Murray
David Dahlstrom
Debra Autrey
Debra Collins
Denise Benningfield
Donna Beathard
Doreen Simonian
Edith Silverman
Eileen Haley
Elaine Lewis
Ginny Queen
Glen and Selena Schmidt
Greg Tanner
Heidi Andersen
Holly Porter
Jan Castellano
Jeanine Blackburn
Jerry Mann
Kacy L Hendricks
Kathy Clements
Kathy Webster
Kim Jones
Kris Jacobs
Lana Kaiser
Laurie Baker
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Linda Berry
Linda Geer
Lisa Dixon
Loretta Bass
Marie Haga
Mark Underwood
Michael & Jessie Reed
Nancy McDown
Paige Segovia
Patricia Carey
Paula Love
Peggy Parson
Rhonda Lawrence
S Kishk
Shelly Gonzalez
Stacy Levin
Sue Kuehn
Susan Ellis
Suzanne Houston
Tammy Nickens
Tammy Phillips
Tara Wright
Terresa Sanchez
Terrie Barnes
Tiffany Duran
Traci Glover
Virginia Queen
Vivian Croft
Case Transparency
IN THIS SECTION
July 4, 2018 Ennis Daily News article shows where STS is soliciting funds from
Hachi’s capture when he was not in their possession or care. The author never
contacted MMESAR to validate the information contained in the article and
many of the facts outlined in the article are not accurate. Evidence will show
that STS was allegedly contacting multiple media outlets and talk shows such as
Ellen DeGeneres immediately after capture. MMESAR never accepted media
requests for interviews because we were focused on Hachi and his critical
medical care. Not publicity.
Selena Schmidt, MMESAR’s President, and active duty Paramedic, is also being
inappropriately sued in her individual capacity because she is personally
fostering Hachi. Corporate officers are not personally liable for torts of the
corporation unless duty of care was breached, in which it was not. Hachi is being
provided with exemplary rehabilitation, love and care in Selena’s foster home.
Selena Schmidt is being named in this suit as a personal attack.
DETAILED FACTS
Here are a few important facts to make note of when reading through the mountain
of legal documents. If you have been following the case, check out the LATEST
case information.
Plaintiff’s original petition and all subsequent petitions after, state that STS had
an agreement with MMESAR over the care and custody of Hachi. Details of
this “agreement” are expressively outlined in the court documents but below is
a summary.
•
The community began tagging MMESAR on social media asking for our
help in capturing Hachi since other organizations had been unsuccessful.
•
In finding out that a humane organization was already involved in the
efforts, we reached out to STS as a professional courtesy. It is important
to note that MMESAR does not need anyone’s permission to capture a
stray dog at large in the state of Texas, however we are professionals and
we believe in building coalition partnerships, which help make us stronger
in accomplishing our goals.
•
MMESAR was informed by Streets to Sheets that they did not have the
funding for Hachi’s expensive care, nor did they have a foster home that
could handle an elusive rehabilitation case. STS went on to explain that
they have been reaching out to multiple rescue organizations trying to
find someone to take Hachi long term in the event that “they” captured
him themselves. (See Exhibit F, Pg 44)
•
MMESAR explained at that time that we could only commit to two weeks
of veterinary care and rehabilitation, but that we would do everything in
our power to make arrangements to intake Hachi long term. Until those
arrangements could be made, the plan in the interim would be to transfer
Hachi to Streets to Sheets after two weeks of care, and MMESAR would
help them fundraise and find an adequate foster.
•
Prior to capture, MMESAR was successful in making those permanent
arrangements for Hachi and that information was known by all parties
involved. Mysti Boehler was still on vacation so we continued
communicating to the public that we would be transferring Hachi to STS
in two weeks, in order to lessen any public confusion until she (STS)
returned from vacation.
•
Thinking all is well two days after capture, Streets to Sheets became very
aggressive in their communications, claiming that “they deserve the credit
for the capture because of all the time they spent trying to capture him”
(written statement), and began demanding Hachi be transferred to STS
immediately regardless of his dire medical state. STS completely
dismissed that MMESAR had already made arrangements to care for
Hachi long term, they disregarded the fact that he still needed thousands
of dollars in medical care that they did not have the funding for, and they
did not have an adequate medical and rehabilitation foster home. It was
then very obvious that STS had malicious intent and they were outraged
that MMESAR was getting publicity on social media, which became their
motive for demanding Hachi be transferred.
The Plaintiff’s original petition also stated that 3rd party Tammy Dupal with
Twisted Tails Animal Rescue signed a sworn affidavit that they were “acting as
an agent” on behalf of Streets to Sheets when collaborating with MMESAR in
the boots on the ground capture of Hachi, also claiming “they“ alone captured
Hachi by pulling a rope attached to MMESAR’s trap. *As you will read in the
court document, an animal is not successfully captured in our trap when the
rope is pulled because our door does not latch or lock. Until an MMESAR
Capture Team member secures and locks the trap door, that animal is not
considered captured due to the high potential of escape by design of our
custom trap.
Once we provided the Plaintiff with an exhibit of a written transcript
communication between Selena Schmidt and Tammy Dupal (attached), proving
that Twisted Tales was perjurious in their affidavit, and in fact was NOT acting
as an agent for STS, the Plaintiff amended their petition again withdrawing
that claim, because it was proven to be a lie. This transcript has other
information you will want to pay attention to. (See Exhibit H, Pg 47-50)
Since the first story was proven not true, the Plaintiff then amended their
petition (Plaintiff’s first Amended Petition) claiming that they captured Hachi
once before underneath a building but that he escaped. They also claimed that
they had video evidence of this “capture”. This is another fictitious story
created in a desperate attempt to claim ownership/possession. The public at
large knows for a fact that this “capture” never happened. They made many
attempts at capturing Hachi, but they were never successful. In addition, the
original petition never mentioned this fictional capture, nor did the Plaintiff
ever post this spurious “capture” on social media. In fact, we have evidence of
them stating just the opposite. (See Page 4, Paragraph 10... and EVIDENCE
Page 5-6)
The Plaintiff’s third amended petition now claims that the video taken by STS
once capturing Hachi (Hobo), was suddenly deleted by Facebook. Facebook
does not delete videos. Most of the evidence that you will see in these
documents was deleted from social media by the Plaintiff prior to them knowing
we already had the evidence. This has been a common practice since day one.
On November 5th, 2018 was a hearing for our Motion for Summary Judgment.
The judge cited that there were too many fact issues to rule on, so he sent the
case to trial. The Plaintiff has filed yet another Motion for Summary Judgment
as if there are suddenly no fact issues. Each time the Plaintiff files something
new with the court, it costs MMESAR thousands of dollars. (See document
2018.1127)
YOU Decide!
March 1, 2019, Plaintiff filed another amendment, “Plaintiff’s Fourth Amended
Petition” This amendment removed their claim for $100,000 but seeks a
judgment for the Plaintiff’s attorney’s fees even though the Plaintiff is being
represented pro-bono.
Alleged Perjury Evidence (Boehler, Castillo, Matthews)
July 1, 2019, Defendants file a “Motion for Adverse Instruction on
Spoliation of Evidence”. Throughout MMESAR’s forensic investigation during the
course of litigation,MMESAR discovered that STS’s intentionally destroyed
evidence that would have proven that their legal claim was completely
fabricated. This document will also show evidence that the Plaintiff mechanically
altered sworn witness affidavits.
MMESAR’s attorneys discovered months later that STS, Dupal and/or their
attorney mechanically and intentionally altered sworn witness affidavits and filed
both documents with the court as authentic documents several months earlier,
but we didn’t catch it and neither did the court clerk. Look closely, it is very easy
to miss.
10/02/2018, A mechanically altered witness affidavit for Andreas Dupal was filed
with the court (see the date mid paragraph, page 14)
10/29/2018, The unaltered witness affidavit for Andreas Dupal was filed with
the court (see the date mid paragraph, page 12)
*Aggravated Perjury is a Third Degree Felony in the State of Texas
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recovery, and immediate veterinary treatment for the sick, injured, and elusive animals that we capture.
