Tobey - 5 month old chihuahua puppy tortured and killed by three teens In the story that has galvanized the nation and the world, the brutal torture killing of a 5 month old chihuahua mix puppy, Tobey, by three teens, 12, 14 and 16, it’s highly unlikely that the punishment that is being called for by shocked, angry and hurt people will come to fruition.

Since this horrific crime occurred, County Attorney Elizabeth Murray-Kolb’s office has been besieged by letters, faxes and email from people worldwide asking, pleading and begging that the three boy be prosecuted under the new Texas animal cruelty laws which went into effect on September 1 that could sentence them to ten years in prison.

Although Kolb said that she will do her best, she also said that it’s would be difficult to prosecute them under a new law that was not in effect when the crime took place.

The law doesn’t give Murray-Kolb any option: the law in effect at the time the offense allegedly occurred is the law that must be applied to the prosecution.

“What not everyone understands is that we are not allowed to do that unless specifically told by the legislature,” Murray-Kolb said. “We must go by the laws that are in effect at the time the crime occurs. That goes for the Code of Criminal Procedure (which sets out rules for prosecution and trials), the probation rules, whatever. They’re to be followed pending upon the date of the offense, and we’re bound by that law.”

“We believe it’s in their best interest and in the community’s best interest to have them stay right there,” Kolb said.

The teens, ages 12, 14, and 16, could be put in jail until they turn 19, if they are convicted under charges of animal cruelty resulting in death.

A petition that was written by my friend and fellow Care2 member, Anita Solomon, has garnered over 14 thousand signatures to date. It was introduced on this site on September 2, just days after this crime was committed and at the time it called for prosecution under the new law but, Solomon, understanding the restraints that Kolb is under by law, has amended the original wording.

Solomon said. “We’ve become very aware of, and deeply appreciative of the county attorney’s actions in this case. I know that all who sign this petition stand supportive of the job her office is doing.”

“When an animal is abused and killed in such a horrific manner, it is understandable the general public wishes to express feelings or feels the need to sign a petition as their way of contributing to or supporting authoritative efforts,” Solomon said. “This affects a lot of people, including the family and the county attorney, and we’re all behind them.”

“We’re not here to cause harm or make a big deal of it, but our outrage is a support to the family and the prosecutors,” Solomon said. “We’re hurting, too, and we not only want to share the pain, but share our support.”

Please, if you haven’t already, take the time to read and sign the petition.

In the Tribute to Tobey, I brought you the song that was written by English musician, Maria Daines in memory of Tobey.

Anita also kindly contacted her good friend, Maria Daines, who wrote the song for Mercy, to write a song for Tobey, and she did! I’m sure you’ve heard Maria’s song for Mercy too.


I heard about you
And my eyes filled with tears
I’m still shocked by life
After all these years
I’m still in denial
I’m still broken up
How can children murder
An innocent pup?
And where lies the answer?
And where lies the blame?
And how can you measure
A puppy’s pain?
And where are the leaders?
And those who can teach?
And why is compassion
Just out of reach?
Tobey was precious
Tobey was loved
Now angels cradle
His soul up above
And we who remain
We must fight every day
To save the voiceless
And keep them safe
Cos Tobey was precious
Tobey was loved
Now angels cradle
His soul up above


© Maria Daines/Paul Killington
All Rights Reserved
(mcps) ASCAP
1st September 2007


You can listen to and download the song HERE

Anita, thank you so very much for all your hard work to bring justice to those who cannot speak for themselves and thank you, Maria, for the beautiful and touching song.

There are so many people who daily think of poor Tobey and hope that he gets the justice he so deserves.

Source – KSAT, Seguin Gazette

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