Peanut the Squirrel's Owner Sues New York. Major Flaws in their Potential Lawsuit, by Mary Cummins of Animal Advocates

Photo: Wikipedia, Peanut (squirrel)

Mark Longo and Daniela Bittner filed their notice of intention to make a claim against the New York State Department of Conservation for the death of Peanut the squirrel and Fred the raccoon. You must file a notice within six months of filing a lawsuit to give state a chance to solve issue. They allege unlawful search and seizure, violation of freedom of speech, and other due process violations.

Longo and Bittner stated the incident was the result of alleged "negligence, carelessness, and recklessness" by the state of NY and its agents. They stated they may have violated due process laws by not revealing to a judge their intention to kill the animals after raiding Longo and Bittner's home.

Another alleged issue is that Longo and Bittner stated Peanut and Fred were "companion animals" under the law and not wild animals. This claim was allegedly never discussed in court before the raid, which was another oversight, in their opinion.

"Peanut and Fred were not euthanized, according to the notice, because they weren't sick. Mark and Daniela say the two animals were "executed." That said, Longo and Daniela say they were acting in good faith by trying to get Wildlife Rehabilitators licenses and other permits before the raid occurred.

They will sue for emotional distress, pain and suffering, violations of their constitutional rights and lost wages since Peanut's online presence supplemented their income."

Longo and Daniela's attorney needs to look at relevant Fish & Wildlife laws. They have major flaws in their notice of intent to file a lawsuit. While I agree that the Department handled the situation poorly at least from a public relations standpoint Longo and Daniela knew they never had the legal right to possess wildlife. They were very irresponsible to be widely publicly exhibiting wildlife to the public online especially in a pet-like manner. I warned them as did others. FYI I never reported them. NY rehabbers reported them.

Turns out they were reported over a year ago by NY licensed wildlife rehabilitators. The Department of Conservation contacted them January 2024 and told them to transfer the animals to a licensed facility. Allegedly Longo stated he released them which was a lie.  Longo admitted he knew he needed a permit but didn't have one. He stated he was in the process of getting an "educational permit." Longo and Daniela knew the laws yet continued to violate them which endangered Peanut and Fred who were killed as a result of the actions of Longo and Daniela.

Wildlife is under the jurisdiction of the state Department of Fish & Wildlife. Wildlife is owned collectively by the state. People cannot legally own wildlife. They can never be pets or companion animals. Longo and Daniela did not have permits to possess wildlife. You must have the permits before you possess wildlife. 

Ill, injured and orphaned wildlife must be turned over to licensed permitted wildlife rehabilitators within 48 hours. Wildlife must be possessed according to the law in specific types, sizes of enclosures. How to get a NY wildlife rehabilitation permit. It's not legal to possess wildlife as "pets" or "companion animals." You cannot display animals to the public with the rehabilitation permit. They never would have been allowed to show the animals in a pet like manner because it encourages illegal and improper behavior. 

It is legal in some states to have an exhibit or sanctuary permit for wildlife. You generally need at least two years experience with a permitted person or facility. NY may not allow it though most states do. You need two years experience to rehab Rabies Vector Species animals such as raccoons in New York. You must be approved before you obtain the wild animal. Wildlife that cannot be released back to nature can legally be euthanized. This is not a pet which can only be euthanized due to medical or behavioral condition. Squirrels and raccoons can be dangerous in captivity. I've rehabbed them for over 20 years and know this personally. I've written articles about ex pet squirrels and raccoons. I no longer take them in to try to wild them up for release to the wild. It's too difficult, time consuming and stressful for the animals and me. 

They never had an exhibit permit so they can't sue for lost earnings. They legally were not allowed to make money off or exhibit the animals even just on internet video. All their pain and suffering was the result of their own actions. If they really cared about the animals, they would have gotten them to safety. They could have then gotten proper permits and maybe taken the animals back. I even warned them about these issues and was attacked just for telling them that this would happen. I'm amazed someone didn't report them sooner. I really hoped this couple would do the right thing after people had warned them.

Below is a press release about the situation from PBA of NYS. Longo was given ten months warning before any action was taken. He lied to state agents about the squirrel. The health department ordered the animals killed about the squirrel bit someone when Longo refused to put the squirrel in a carrier. 

https://www.pbanys.org/pba/news-detail/press-release-state-environmental-conservation-officers-union-calls-for-calm-in-wake-of-wildlife-seizure/

I do believe that the situation was handled poorly. The state should have taken the animals to a wildlife rehabilitation facility until things were handled in a better manner. California learned not to instantly kill stray mountain lions and bears. They relocate even thought it's against their own regulations. When they used to euth they got too much hate mail and threats.

References:

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION

CHAPTER I. FISH AND WILDLIFE

SUBCHAPTER J. MISCELLANEOUS REGULATIONS

PART 184. WILDLIFE REHABILITATORS

https://www.tmz.com/2024/11/27/peanut-the-squirrel-owner-notice-intends-sue-new-york/

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Who is Alfredo Gonzalez who shot a mountain lion in the head in Simi Valley, California? History, family, biography

alfredo gonzalez, mountaion lion, puma, cougar, shot, killed, dead, criminal, case, court, ventura couty, superior court, mary cummins, fish game, fish wildlife, misdemeanor, collar, vandalism, illegal take, wildlife, unlawful taking of protected mammal, 

THIS IS A BREAKING STORY. CHECK BACK FOR UPDATES.

10/03/2019 Update. He will not go to jail as long as he abides by probation. He was fined $150. His gun was destroyed. He must do 240 hours at an animal shelter. The vandalism charge was dropped.

Alfredo Gonzalez pleaded guilty and got 30 days in jail. Alfredo Gonzalez, a 60-year-old resident of Simi Valley, was also sentenced to 30 days in a work-release program, three years of summary probation and he must complete at least 240 hours of community service, the DA’s office stated. He must also pay an undisclosed amount of restitution. He is expected to enter jail on Oct. 25. 

He pleaded guilty. The vandalism charge was dropped. His attorney is Shanit Frydman #245122
License Status: Active. Address: 269 S Beverly Dr # 230, Los Angeles, CA 90212. Below is the docket.

10/03/2019 Arraignment Continued Arraignment Heard in Courtroom 11 on Oct 03, 2019 at 10:00 AM .
10/03/2019 Judge - Hirsch, David .
10/03/2019 Judicial Assistant - Vick, J .
10/03/2019 Digital recorder - 11:39 AM .
10/03/2019 The defendant is present with Attorney Frydman .
10/03/2019 Spanish interpreter Verdiny , is present and interprets for the defendant. (Badge verified, oath on file, certification number stated on the record.)
10/03/2019 Deputy District Attorney Wold, Karen L present.
10/03/2019 The defendant was advised: "If you are not a citizen, you are hereby advised that conviction of the offense for which you have been charged may have the consequences of deportation, exclusion from admission to the United States, or denial of naturalization pursuant to the laws of the United States (1016.5 PC)". The defendant was advised of charge(s), rights, and consequences including maximum and minimum penalties. After inquiry the court found that the defendant understood the nature of the charge(s), the consequences of conviction and his/her rights, and that he/she expressly, voluntarily, intelligently and understandingly waived his/her rights.
10/03/2019 The defendant is advised of the right to trial by court or jury; right to confront and cross-examine witnesses against him/her; and privilege against self-incrimination
10/03/2019 A guilty plea is entered as to count(s) 1 . Pursuant to Penal Code Section 1465.8, each violation resulting in a conviction will be assessed a $40.00 security fee. Pursuant to Government Code Section 70373, a Criminal Conviction Assessment fee of $35 on every conviction for infractions, and $30.00 on every conviction for misdemeanors and felonies will be imposed. Pursuant to Government Code Section 76000.10,an Emergency Med Air Transport fee of $4.00 will be added for each convicted vehicle code violation.
10/03/2019 A Harvey Waiver is taken.
10/03/2019 The Court orders the remaining counts to be dismissed.
10/03/2019 Waiver of Constitutional Rights filed and incorporated in court's file.
10/03/2019 The Imposition of Sentence is suspended.
10/03/2019 The court has released you on Conditional Revocable Release for 36 months. You are subject to and must obey each of the conditions listed below. If you fail to do so, the court may impose any sentence previously suspended. If you fulfill all of the conditions, you may then apply for a dismissal of the charges.
10/03/2019 You are to obey all laws, city, county, state and federal.
10/03/2019 Report to court any arrest, citation, probation violation or change of address within 10 days, thereafter. Report in writing to: Ventura County Superior Court, Post Office Box 6489, Ventura, California 93006-6489. Include your name and case number.
10/03/2019 Pay a total fine of $150.00 .
10/03/2019 You are to pay victim restitution as determined by further order of the Court, as investigated by Probation, with the right to credit for amounts paid by other responsible persons. Pursuant to Penal Code sections 1214(b) and 1202.4(f)(3)(G) restitution shall include interest, at the rate of 10% per annum, that accrues as of the date of sentencing, unless otherwise specified by order of the court. Pursuant to Penal Code sections 1214(b) and 1202.4(i) the restitution order shall be enforceable as if the order were a civil judgment.
10/03/2019 You are to pay Prob Investigation fee of $100.00 .
10/03/2019 Until further order of the court, your State Restitution Fd in the amount of $150.00 is stayed, pursuant to People vs Dueþas.
10/03/2019 Until further order of the court, your Security Fee in the amount of $40.00 is stayed, pursuant to People vs Dueþas.
10/03/2019 Until further order of the court, your Crim Cov Assessment in the amount of $30.00 is stayed, pursuant to People vs Dueþas.
10/03/2019 You are to report immediately (unless in custody) to the Collection Unit in Room 205 or Room 107 if you are exiting a first floor courtroom. You are to pay as directed by the Collection Unit. You are to pay an administrative (ARF) fee of $35.00. Pay your fine and/or fees to Ventura Superior Court Collection Unit, at one of the following locations: *Appear at 800 South Victoria Avenue, Room 205, Ventura or mail to P.O. Box 6489, Ventura, California 93006-6489; phone (805) 639-5010. *Appear at or mail to 3855-F Alamo Street, Window 5 or 6, Simi Valley, California 93065. *Appear at the Juvenile Courthouse, Room 122, 4353 E. Vineyard, Oxnard If you are in custody, you must report to Superior Court Collection Unit within 5 days from the date of your release.
10/03/2019 This case can be collected as a civil judgment. Civil enforcement may include wage or bank garnishments and or liens on property. Any costs associated to civil enforcement will be added to the case.
10/03/2019 You are ordered to serve 30 Day(s) in the Ventura County Jail.
10/03/2019 Defendant is entitled to credit for time served of: 0 days actual time and 0 days of 4019(b)(1) and (c)(1) time, for a total credit of 0 days, (calculated at the rate of 2 days 4019 for every 4 days sentenced).
10/03/2019 Report to the Sheriff to begin your jail sentence on 10/25/19 at 07:00 PM . Please be advised that the personal property you may bring is limited to the following: 1) Valid driver's license or identification card 2) Court papers 3) Car keys 4) Cash (no personal checks-money will be put into trust account for commissary use).
10/03/2019 Electronic Monitoring is not authorized.
10/03/2019 Additional Jail Sentence The defendant is ordered to serve an additional 30 Day(s) in the Ventura County Jail.
10/03/2019 Work Release approved. Pay a Work Release Daily Fee. Within 5 days report to Work Release at 345 Skyway Drive, Camarillo, California 93010 to enroll. Follow their directions for enrollment and booking. Take this paper with you. By agreeing to participate in the Work Release Program, you agree to appear for work as directed by Probation and comply with program rules. If you fail to appear or comply with program rules, the Sheriff or a Probation Agency official may immediately take you into custody to serve the balance of your sentence at the Ventura County Jail.
10/03/2019 You are directed to complete work release by 03/23/20 .
10/03/2019 You are directed to complete 240 hours of Community Service to be done by 03/23/20 .
10/03/2019 Defendant must do community service at an animal shelter .
10/03/2019 The Court declares the weapon to be a nuisance and orders the weapon to be destroyed.
10/03/2019 Case continued to 03/23/20 at 09:00 AM in Courtroom 11 for Miscellaneous Proof Of Completion .
10/03/2019 Defendant is to show proof of completion of work release and community service
10/03/2019 The court orders you to appear.
10/03/2019 Defendant accepts probation as stated by court.
10/03/2019 The court orders the defendant released on probation.
10/03/2019 Signature Required
10/03/2019 File located to Judicial Assistant Supervisor for quality control.
10/03/2019 Remittance from receipt # 6900448 received in the amount of $505.00 .
10/02/2019 Media Request by KTLA is filed.
10/02/2019 The court grants all media requests.
10/02/2019 The court Granted extended media coverage to KTLA .
10/02/2019 The Order on Media Request by KTLA is KTLA and filed.
09/23/2019 Arraignment 1st Appearance - Advanced By Party Heard in Courtroom 11 on Sep 23, 2019 at 09:00 AM .
09/23/2019 Judge - Hirsch, David .
09/23/2019 Judicial Assistant - Vick, J .
1 - 50 out of 72

Disposition Date 10/03/2019 Appearance / Due Date
Warrant Amount Warrant Date
Case Balance $0.00

Scheduled Hearings
Calendar Date Time Court Room Court Location Reason on Calendar
3/23/2020 9:00AM 11 Ventura Miscellaneous-Proof of Completion

Violations
Violation Offense Correctable Plea Disposition
4800(b)(1) FG Misdemeanor N Guilty Pled guilty
UNLAWFUL TAKING OF PROTECTED MAMMAL
594(b)(1) PC Misdemeanor N Dismissed
Vandalism over $400

09/12/2019 More info on the shooting. Alfredo Gonzalez worked and lived at the camp. He cared for the animals on the property such as goats, horses...It is not illegal to kill a mountain lion if the person is acting in self-defense or in the defense of others, the code states. I assume that will be his argument. Unless there were witnesses, court may buy that. Seems Alfredo cut off the collar and left it miles away. That makes him look guilty. 

https://www.toacorn.com/articles/mountain-lion-dead-at-hands-of-simi-valley-man-d-a-says

09/11/2019: Alfredo Gonzalez born January 12, 1959 was charged with shooting and killing a mountain lion and vandalizing its tracking collar. Alfredo P Gonzalez was living, working at Camp Alonim a Jewish Summer Camp in Brandeis, California. His address is the address of the camp 1101 Pepper Tree Lane. It appears he killed the big cat because of a human wildlife conflict. The Jewish Center and Camp has promised the California Department of Fish & Wildlife that they will work with the Department to deal with any future human wildlife conflicts. It sounds to me like the Camp told Gonzalez to kill the cat whom they felt was a threat to the children. I sent questions to the Jewish Center and Camp and received no response.

Below is from the court record. The charges are California Department of Fish & Game code 4800 b 1 illegal take of a mountain lion and California Penal Code 594(b)(1) vandalism over $400. His first appearance is October 9, 2019 at 9:00 am Court rm 11 in Ventura County Superior Court.

From the docket.

09/11/2019 Complaint submitted for filing by VCDA on 9/11/2019 00:00:00 .
09/11/2019 Gonzalez, Alfredo filed as name of record.
09/11/2019 Misdemeanor charge 4800(b)(1) FG filed as count 1 with violation date of 07/02/19 00:00:00 .
09/11/2019 Misdemeanor charge 594(b)(1) PC filed as count 2 with violation date of 07/02/19 00:00:00 .
09/11/2019 Case calendared to 10/09/19 at 09:00 AM in 11 for Arraignment First Appearance .
09/11/2019 853.6 P.C. requires booking before arraignment. If not booked, refer to arresting Police Agency.
09/11/2019 Defendant notified by letter to appear in court. Letter is filed.

Name Gonzalez, Alfredo Case Number 2019026185
Citation Number Violation Date 07/02/2019 Case Status Open
Arresting / Issuing Agency Ventura County District Attorney Offense Level Misdemeanor Mandatory Appearance Yes
Disposition Date Appearance / Due Date
Warrant Amount Warrant Date
Case Balance $0.00

Scheduled Hearings
Calendar Date Time Court Room Court Location Reason on Calendar
10/9/2019 9:00AM 11 Ventura Arraignment-FIRST APPEARANCE

Violations
Violation Offense Correctable Plea Disposition
4800(b)(1) FG Misdemeanor N
UNLAWFUL TAKING OF PROTECTED MAMMAL
594(b)(1) PC Misdemeanor N
Vandalism over $400

From the Ventura County District Attorney

https://www.vcdistrictattorney.com/wp-content/uploads/2019/09/19-108-Gonzalez-KWold.pdf

"CRIMINAL CHARGES FILED FOR KILLING OF MOUNTAIN LION

VENTURA, California - District Attorney Gregory D. Totten announced today the filing of criminal
charges against Alfredo Gonzalez (DOB: 01/12/59), of Simi Valley, for the killing of a protected
mammal, namely a mountain lion known as P-38, and for the vandalism to its collar. National Park
Service (NPS) biologists studying the population have collected GPS-enabled radio collar data to study mountain lions for more than a decade. P-38 was a male mountain lion born in 2012. First collared in 2015, this animal predominantly roamed portions of the Santa Susana Mountains.

On July 10, 2019, the California Department of Fish and Wildlife received a report from the NPS that
collared mountain lion P-38 may have been killed in Simi Valley after a mortality signal was detected
on July 2, 2019. It was ultimately determined that the mountain lion died of a gunshot wound to the
head. It is unlawful to kill a mountain lion without a permit from the California Department of Fish and Wildlife.

Gonzalez will be arraigned on October 9, 2019, in courtroom 11 of the Ventura Superior Court, County of Ventura, located at 800 South Victoria Avenue, Ventura, 93003."

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

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Who is Ezra James, Ezra Lee James who lit a raccoon in a trap on fire for eating his mangoes?

Ezra James, Ezra Lee James, Palm Bay, Florida, raccoon, fire, burned to death, murder, mary cummins, animal advocates, brevard county, court records, jail, arrest, jamaica, 88 years old, felony, charged, aggravated

UPDATE: 12/13/2018 Defendant Ezra James pleaded nolo contendere to one count of cruelty to animals felony level 3 penal code 828..12.(2). Adjudication of guilt was withheld. Ezra is now a qualified offender and must give DNA. He was also fingerprinted. He's under supervised probation for 18 months. He must pay $609.92 in fees. He's been declared indigent. You can light a live raccoon in a trap on fire and let it suffer and just get a slap on the wrist. Shameful.

10/11/2018 Case continued at request of defendant. Early resolution scheduled for Dec 13, 2018 at 8:30 am before Judge Rhonda Babb Div 10 at Moore Justice Center.

There will be early resolution. Sounds like he's making a plea deal. I believe he will appear Oct 11 2018 to accept a plea deal. I have no idea what the plea is. I think he will plead guilty to a lesser offense and pay a fine and court costs. They may also sentence him to three years in jail with all time waived if he doesn't commit another crime while on probation for same time. That's just my guess.

09/17/2018EFILE-Deputy TERESAA-09/17/2018 11:09 7 NOTICE OF APPEARANCE 1
09/17/2018 8 WAIVER OF ARRAIGNMENT 1
09/17/2018 9 DEMAND FOR DISCOVERY 2
09/17/2018 10 NOTICE TO APPEAR(NTA) FOR EARLY RESOLUTION 1
09/18/2018 CAL:ARRAIGNMENT
09/18/2018 CR: ARRAIGNMENT CANCELLED
10/11/2018 CAL:EARLY RESOLUTION

09/18/2018 08:00 AM CAL:ARRAIGNMENT MOORE JUSTICE CENTER RHONDA E. BABB

Charging document by the DA.

https://drive.google.com/file/d/1IIy19g7pAzMPnB0maY8Ts3dV5I0X6hI4/view?usp=sharing

The probably cause document has just been unsealed. It's below redacted as a two page pdf. Ezra is listed as retired. It states as follows,

"On August 16, 2018 Ezra Lee James did commit the offense of Animal Cruelty resulting in death by intentionally and willfully capturing a raccoon, pouring gasoline on it and setting it on fire while still in a metal trap. This resulted in the cruel death of the raccoon; when I arrived on scene the raccoon had been pulled out of the cage and was laying on the ground. The raccoon was still alive, completely burned, skin was pulled back from the feet from the burns. I had to put the animal down with my gun to end its suffering."

https://drive.google.com/file/d/16jA494dsi2XjflGeVJx16gQl1qUD4EBX/view?usp=sharing

ORIGINAL: Ezra James trapped a raccoon which he believed was eating his mangoes. He admitted to then pouring gasoline on it lighting it on fire August 15, 2018 at night. He left the raccoon in the trap. The neighbor saw it and called police. Police humanely shot the raccoon to death to put it out of its misery. He was arrested at his home August 16, 2018. He paid bond and was bailed August 17, 2018. James, Ezra booking number 4857028.

Ezra Lee James was born February 12, 1930 in Jamaica. He currently lives in Palm Bay, Brevard County, Florida. He was arrested August 17, 2018 at his home. He was charged with a felony, cruelty to animals in the third degree. There are many other cases against him in Brevard County.

Ezra James was charged with a felony animal cruelty in the third degree. Sentence is no more than five years in jail and/or $10,000 fine. I personally believe Ezra James has some senility and has seriously lost his judgment. He admitted to his crime on video for the media. I think he should be sentenced to counseling, community service, a fine and probation. Jail time for an 88 year old man makes no sense.

Here it the court record as a pdf. It's also below as text but it falls apart.

https://drive.google.com/file/d/1L5ZCTU4_6a7Tq5v1S52AGeM49TU2TsBA/view?usp=sharing

In 2006 Ezra James went bankrupt. At the time he owned three homes and three cars which included a Cadillac Fleetwood, Lincoln Towncar and a 15 passenger Ford 350 bus. All homes were in foreclosure. He is listed as a transportation provider for the Port Authority of Florida. In 2006 he was a taxi cab service for E & J Transportation making $771/month and unmarried. He collected social security in the amount of $600/month. His bus was repossessed. He tried to get it back. His creditors fought the stays and discharges. His debts were discharged in 2007.

Ezra James, Ezra Lee James, Palm Bay, Florida, raccoon, fire, burned to death, murder, mary cummins, animal advocates, brevard county, court records, jail, arrest, jamaica, 88 years old, felony, charged, aggravated

Ezra James, Ezra Lee James, Palm Bay, Florida, raccoon, fire, burned to death, murder, mary cummins, animal advocates, brevard county, court records, jail, arrest, jamaica, 88 years old, felony, charged, aggravated

Booking information.

Inmate Details - James, Ezra Lee
Demographic Information
Name:
James, Ezra Lee
Subject Number:
4857028
Date of Birth:
02/12/1930
Age:
88
Gender:
Male
Race:
Black or African American
Height:
68
Weight:
150.0
Address
535 CONOVER AV
Palm Bay, FLORIDA 32907

08/16/2018 17:57

08/16/2018 17:57
Booking History
Booking 2018-00012700
Booking Date:08/16/2018 16:53
Release Date:08/17/2018 16:48:56
Prisoner Type:03 - FAM Awaiting Trial
Total Bond Amount:
Total Bail Amount:
Booking Origin:
Bond Number Bond Type Bond Amount Charge Count
2018-00028985 Cash or Surety $2,000.00 1
Charge Offense Date Docket Number Sentence Length Crime Class Court Date Judge Arresting Agency Attempt/Commit
Animal Cruelty-Felony-Cause Cruel Death Pain & Suffering 08/16/2018 Felony 08/17/2018 Initial Appearance Palm Bay Police Department Committed

Ezra James, Ezra Lee James, Palm Bay, Florida, raccoon, fire, burned to death, murder, mary cummins, animal advocates, brevard county, court records, jail, arrest, jamaica, 88 years old, felony, charged, aggravated

STATE VS JAMES EZRA LEE

Case Information

Case Number Case Type Filing Date Case Status Status Date Judge Jurisdiction Charging Agency

05-2018-CF-041191-AXXX-XX OTHER 08/17/2018 ORIGINAL PENDING 08/17/2018 NANCY MALONEY PALM BAY PALM BAY POLICE DEPT


  Participants Print
Type Name Participant Id DL Number Race Gender DOB Address 1 Address 2 City State Zip
DEFENDANT (1) JAMES EZRA LEE 159860 FL J520212300520 BLACK MALE 02/12/1930 535 CONOVER AVE NE PALM BAY, FL 32907-1632
PLAINTIFF (1) STATE OF FLORIDA 3684 2725 JUDGE FRAN JAMIESON WAY BLDG D VIERA, FL 32940-6605
ATTORNEY FOR: P1 BREVARD CO STATE ATTORNEY 34 2725 JUDGE FRAN JAMIESON WAY BLDG D VIERA, FL 32940-6605


  Register Of Actions   Viewable    Viewable On Request    Pending   Sealed  Confidential To purchase copies, click here. Print
View Event Date Document Number Description Page Count Amount
08/17/2018 1 ARREST AFFIDAVIT INITIAL ARREST 2
08/17/2018 2 COST OF INVESTIGATION AFFIDAVIT 1
08/17/2018 CAL:INITIAL APPEARANCE
08/17/2018 CR: HEARD
08/17/2018 3 COURT MINUTES REGARDING INITIAL APPEARANCE
  Total Number of Document Pages 3


  Initial Charges Print
Arrest Number Count Offense Date Florida Statute Charge Description Class Degree
1 1 08/16/2018 828.12.2 CRUELTY TO ANIMALS FELONY THIRD DEGREE

  Court Charges Print
Arrest Number Count Offense Date Florida Statute Charge Description Class Degree Disposition Date Final Disposition Citation Number
1 1 08/16/2018 828.12.2 CRUELTY TO ANIMALS FELONY THIRD DEGREE

Ezra Lee James lied about not having a record. He definitely does. A very long record.

Speeding DEFENDANT 1 05-1991-TR-082330-AXXX-XX 02/15/1991 JAMES EZRA L 02/12/1930 0.00

Expired registration tags DEFENDANT 1 05-1992-TR-059975-AXXX-XX 03/13/1992 JAMES EZRA L 02/12/1930 0.00

Improper lane change DEFENDANT 1 05-1992-TR-053192-AXXX-XX 11/12/1992 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-1994-TR-060286-AXXX-XX 06/15/1994 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-1994-TR-061797-AXXX-XX 11/18/1994 JAMES EZRA L 02/12/1930 0.00

Speeding. Hazard. Failed to use care DEFENDANT 1 05-1995-TR-058768-AXXX-XX 05/09/1995 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-1995-TR-059996-AXXX-XX 10/27/1995 JAMES EZRA L 02/12/1930 0.00

No drivers license DEFENDANT 1 05-1996-TR-057498-AXXX-XX 03/01/1996 JAMES EZRA L 02/12/1930 0.00

No registration DEFENDANT 1 05-1996-CT-024994-AXXX-XX 10/18/1996 JAMES EZRA L 12/12/1930 0.00

Speeding. No insurance DEFENDANT 1 05-1996-TR-052901-AXXX-XX 10/18/1996 JAMES EZRA L 12/12/1930 0.00

Speeding DEFENDANT 1 05-1997-TR-065876-AXXX-XX 02/07/1997 JAMES EZRA L 02/12/1930 0.00

Expired drivers license DEFENDANT 1 05-1997-TR-051265-AXXX-XX 03/20/1997 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-1997-TR-051914-AXXX-XX 04/07/1997 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-1998-TR-043953-AXXX-XX 09/29/1998 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-1999-TR-066416-AXXX-XX 01/06/1999 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2000-TR-036823-AXXX-XX 05/26/2000 JAMES EZRA L 02/12/1930 0.00

Speeding. No vehicle registration DEFENDANT 1 05-2001-TR-051433-AXXX-XX 07/23/2001 JAMES EZRA L 02/12/1930 0.00

Fail to yield at alley or driveway DEFENDANT 1 05-2001-TR-053967-AXXX-XX 07/30/2001 JAMES EZRA L 02/12/1930 0.00

No safety belt DEFENDANT 1 05-2003-TR-026140-AXXX-XX 04/14/2003 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2004-TR-004714-AXXX-XX 01/16/2004 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2005-TR-101666-AXXX-XX 12/15/2005 JAMES EZRA L 02/12/1930 0.00

Eviction. PLAINTIFF 1 05-2006-CC-011400-XXXX-XX 03/17/2006 JAMES EZRA L 02/12/1930 0.00

Eviction. PLAINTIFF 1 05-2006-CC-045585-XXXX-XX 05/12/2006 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2007-TR-027629-AXXX-XX 04/09/2007 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2007-TR-042180-AXXX-XX 06/01/2007 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2007-TR-083639-AXXX-XX 11/02/2007 JAMES EZRA L 02/12/1930 0.00

Ran a red light DEFENDANT 1 05-2008-TR-026989-AXXX-XX 04/04/2008 JAMES EZRA L 02/12/1930 0.00

No drivers license DEFENDANT 1 05-2008-TR-068578-AXXX-XX 09/19/2008 JAMES EZRA L 02/12/1930 0.00

Failed to use designated single lane
DEFENDANT 1 05-2008-TR-078306-AXXX-XX 10/30/2008 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2009-TR-026377-AXXX-XX 03/17/2009 JAMES EZRA L 02/12/1930 0.00

Moving violation. Failure to use due care DEFENDANT 1 05-2010-TR-004743-AXXX-XX 09/15/2010 JAMES EZRA L 02/12/1930 0.00

No vehicle registration DEFENDANT 1 05-2011-TR-019465-AXXX-XX 02/02/2011 JAMES EZRA L 02/12/1930 0.00

Speeding DEFENDANT 1 05-2011-TR-023506-AXXX-XX 02/24/2011 JAMES EZRA L 02/12/1930 0.00

Ran a red light
DEFENDANT 1 05-2011-TR-004275-AXXX-XX 06/22/2011 JAMES EZRA L 02/12/1930 0.00

Improper backing, DEFENDANT 1 05-2013-TR-002258-AXXX-XX 01/29/2013 JAMES EZRA LEE 02/12/1930 0.00

Improper backing, traffic DEFENDANT 1 05-2015-TR-028163-AXXX-XX 10/15/2015 JAMES EZRA LEE 02/12/1930 0.00

Current case DEFENDANT 1 05-2018-CF-041191-AXXX-XX 08/17/2018 JAMES EZRA LEE 02/12/1930 0.00

A continuación encontrará sus datos de votante según nuestros registros. Full Name Nombre completo : EZRA L JAMES Street Address Dirección : 535 CONOVER AVE NE City Ciudad : PALM BAY Zip Code Código postal : 32907 County Name Condado : BREVARD Voter Gender Género del votante : Date Of Registration Fecha de inscripción : 10/2/1992 Party Partido : Republican Party of Florida Voter Status Calificación como votante : Active*

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

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Kaput hog poison withdrew application to poison in Texas - Mary Cummins, Animal Advocates

sid miller, wild boar hog pig, kaput, poison, warfarin, anti-coagulant, bait, mary cummins, animal advocates, wild boar meat, texas, kill, deer, vultures, cottontails, coyote,

Ever since we first heard about someone wanting to kill wild boar with anti-coagulant bait we stepped in to help shut this down. I'm very happy to announce that after pressure from lawmakers, attorneys, Wild Boar Meat Company, hunters, animal activists, environmentalists, veterinarians...the poison maker has withdrawn their application to use the poison in Texas. I'm so thankful that Republican House Representative Lynn Stucky introduced a bill to fully research the poison before using it. Stucky is also a veterinarian.

https://www.dallasnews.com/news/texas-legislature/2017/04/25/hog-apocalypse-hold-poison-manufacturer-pulls-texas?utm_campaign=Echobox&utm_medium=Social&utm_source=Twitter

By coincidence just this morning I received the results of my FOIA to the EPA. There were some interesting items in their "research."

On page 93 they stated there was spillage at the bait box. They stated quite a few wild mammals and birds ate the spillage including coyotes, birds, ground squirrels, cottontails, wood rats and deer. Coyotes, deer, birds can travel great distances. No one would know if they were poisoned as their fat does not turn blue. Many people hunt deer to eat. Game mammals can't be poisoned for obvious reasons. Most birds are federally protected under the Migratory Bird Treaty Act.

On page 93 they state one dead raccoon was found. They only checked to see if it had signs of the dye. It didn't. They should have tested the liver.

On page 93, 94 they stated they left one dead hog at the site. It was scavenged upon by coyotes, feral hogs, turkey vultures and crows besides maggots. This shows dead poisoned hogs will be scavenged upon by non-target wildlife. Here in California we're losing our vulture population because of this poison.

They also said one piglet died. They said the liver would have been too small to analyze but the piglet could not have eaten the poison directly. A piglet's liver is not too small to analyze. The state lab analyzed the livers of ground squirrels, pigeons which only weigh one pound. Newborn piglets weigh 600 to 1,000 grams. 1 lb = 453 grams. They could have easily tested the piglet's liver. They probably didn't want to because it would have been found that the baby died from consuming the mother's poisoned milk. That would make them look bad.

They stated dead poisoned hogs should be buried with at least 18 inches of dirt on top of them underground. Hogs are huge. That would be a very expensive burial. Here in CA you have to pay someone to take away a dead animal. It costs $500 to dispose of a horse. Poisoned animals are considered toxic waste. You can't put them in the trash or landfill because non-target wildlife will eat them and die. We render them here in CA but that costs money.

Here is the result of my FOIA request.

https://foiaonline.regulations.gov/foia/action/public/view/request?objectId=090004d28118e816

We can't yet relax. The poison company applied to use the poison in Louisiana and Oklahoma. We need to stop this nationally. At least the company wasn't dumb enough to try to use it in California.

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

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Refugio Oil Spill Response California Department Fish & Wildlife - Animal Advocates Wildlife Rehabilitation

Animal Advocates, Wildlife Rehabilitation, Refugio Oil Spill, California, Fish, Wildlife, Rescue

CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE

OFFICE OF SPILL PREVENTION AND RESPONSE
REFUGIO OIL SPILL RESPONSE EVALUATION REPORT
May 2016 Summary and Recommendations from the Office of Spill Prevention and Response

Wildlife Branch Report Only
(Prepared/Edited by Animal Advocates)

Birds	Marine Mammals
267 live and dead birds collected	162 live and dead marine mammals collected
46/65 live birds captured were released	24/63 live mammals captured were released
19 died in care	39 died in care
202 birds collected dead	99 collected dead
Most birds collected were brown pelicans, murres and pacific loons	Most marine mammals collected were California Sea Lions

Introduction

The purpose of this report is to summarize the California Department of Fish and Wildlife (CDFW) Office of Spill Prevention and Response’s (OSPR) response efforts to date regarding the Refugio Oil Spill, as well as lessons learned and recommendations for improvement. The information and recommendations provided in this report are based on OSPR’s internal evaluation of performance in those response functions for which OSPR had responsibility. Although winding down, the Refugio Oil Spill response is ongoing, specifically focusing on implementing the Phase III Maintenance and Monitoring Plan. Because OSPR has a primary role in carrying out this plan, Shoreline Cleanup and Assessment activities will not be covered in this version of this report, but will be added as an addendum at a later date following full demobilization and closing of the response. Additionally, this report does not cover any civil or criminal investigations which are outside the scope of managing an incident.

The CDFW has public trustee responsibility for protecting, managing, and restoring the State’s fish, wildlife, plants, and their habitats. During response to oil spills in state waters OSPR fulfills the trustee mandate as the designated State On-Scene Coordinator (SOSC) and represents the State in coordinated oil spill response efforts with the Federal government. As such, OSPR is one of the few State agencies in the nation that has both major pollution response authority and public trustee authority for wildlife and habitat.

The facts, information, and recommendations contained in this report are based upon information which is presently available through the response effort. Additional facts may be discovered or known which could otherwise be considered to modify content or recommendations contained in this report. Thus, CDFW/OSPR reserves the right to not be bound to the content of this report if additional information becomes known after the publication of this report.

The Refugio Oil Spill and Response

The Refugio Oil Spill occurred on May 19, 2015, due to the failure of an underground 24-inch pipeline (Line 901) near Highway 101 in Santa Barbara County. The responsible party (RP) was Plains Pipeline, L.P. (a subsidiary of Plains All-American Pipeline). The pipeline failure caused crude oil to be released onto land and then it flowed into the Pacific Ocean. As initial information on the potential spill was gathered, it quickly became apparent that the spill was a significant event and was continuing to grow. The RP initially estimated the amount of crude oil released at about 104,000 gallons, with 21,000 gallons reaching the ocean.

Within hours, based on recommendations from the California Office of Environmental Health Hazard Assessment, the CDFW issued a closure of fisheries. The following day, Governor Edmund G. Brown, Jr., declared a state of emergency for Santa Barbara County.

The pathway of the crude oil caused significant oiling to terrestrial areas before reaching the ocean at Refugio State Beach. A cliff face above the beach and the shoreline at Refugio State Beach was most heavily impacted. Other areas of the Santa Barbara and Ventura coast were also significantly affected. The crude oil that entered the ocean posed a significant risk to and injured marine wildlife, including invertebrates, fish, birds, and mammals. In addition to direct natural resource impacts, the closure of beaches and fisheries occurred days before the Memorial Day weekend resulting in losses for local businesses and lost opportunities for the public to visit and enjoy the shore and offshore areas. Some tar balls attributable to the Line 901 release were carried by southerly ocean currents and eventually reached some beaches in Los Angeles County.

Wildlife Branch

Objectives & Responsibilities

Wildlife is put at risk when oil is spilled into aquatic or terrestrial environments. Both federal and state statutes mandate protection, rescue, and rehabilitation of oiled wildlife. In California, OSPR and the Oiled Wildlife Care Network (OWCN; administered by the UC Davis Wildlife Health Center), work to provide the best achievable capture and care for impacted wildlife during oil spill response. This mission is met through providing reconnaissance for oil-impacted wildlife; assessing the need for and providing hazing of at-risk wildlife; recovering potentially oil-impacted live and dead wildlife; stabilizing, washing and rehabilitating impacted live wildlife; and documenting and managing disposition of dead potentially impacted wildlife.

Refugio Activities & Effort

In response to the Refugio incident, the Wildlife Branch Director (WBD; an OSPR staff scientist) activated the OWCN on May 19, 2015. This initial activation set in motion the activation of OWCN member organization staff, pre-trained volunteers, and facilities. On May 20, OSPR established the Wildlife Branch in the Operations Section at the Incident Command Post (ICP) and, with other Agency and OWCN Member Organization staff and volunteers, began recovering impacted wildlife. Wildlife Branch field operations were demobilized on June 24, based on oil fingerprinting results from samples taken from recovered animals.

Wildlife Reconnaissance

Baseline information on the status and distribution of wildlife was important in assessing at risk wildlife and developing appropriate response actions. While this information was available during spill response from the Environmental Unit of the Planning Section (Resources-at-Risk Specialist), variations from historic baseline conditions due to daily and seasonal movements of many animal species necessitated rapid, real-time reconnaissance of wildlife concentrations in the spill area. Real-time data were collected using aircraft and initial on-water/boat and onshore surveys. An OSPRcontracted team of U.C. Santa Cruz experts flew with a CDFW-piloted plane on May 21, 2015, to provide marine bird and mammal locations at-sea in relation to the spill. This data aided in planning where to send recovery teams, and determining whether and where specialized equipment was needed, e.g., specific kennel sizes or capture gear for specific species.

Reconnaissance also included managing over 1,000 phone calls from the public reporting over 300 sightings of oiled wildlife. The OWCN Oiled Wildlife Hotline (hotline) began receiving calls reporting oiled wildlife on day two of the spill. At this time, the hotline was transferred to OSPR phone operators who received information from concerned citizens on the location of oiled wildlife. Operators then transferred this information to Wildlife Branch staff at the ICP via email who then texted it to the Wildlife Recovery Group in the field.

The extent of coastline over which oiled wildlife was found was extensive. In past spills, shoreline reconnaissance has typically been covered by wildlife recovery teams from the shoreline. Post spill evaluation indicated that shoreline and/or boat reconnaissance teams could have been useful throughout the duration of this spill.

Wildlife Hazing

Wildlife hazing is intended to minimize injuries to wildlife by attempting to keep animals away from oil and/or cleanup operations. The need for hazing was assessed initially and throughout the Refugio incident and deemed not advantageous for onshore and nearshore birds and pinnipeds, and not practical far offshore for whales. The Hazing Group Supervisor made the recommendation to not haze via the WBD to the Unified Command. The recommendation was guided by site-specific and species-specific factors present at the time of the spill, and availability of proven hazing techniques.

Wildlife Recovery

Once animals became oiled, habitat-specific and species-specific strategies to recover and remove oiled live animals and all dead wildlife were required. Wildlife recovery teams – under separate bird and mammal operational groups – attempted to complete systematic surveys to collect affected wildlife, including at least one survey as early as safely possible after dawn. Successful captures not only depended on the condition of the target animals, but also on the training and experience of the Recovery teams, and techniques and equipment used. Concerned citizens began recovering oiled wildlife in the afternoon of day one of the spill in part due to lack of knowledge regarding wildlife response protocols (i.e., capture should only be done by qualified response personnel) and oil health and safety practices.

Bird recovery teams recovered 267 live and dead birds. Of the 65 live birds captured, 46 were released and 19 died in care. An additional 202 birds were collected dead. The primary species collected were Brown Pelicans, Common Murres, and Pacific Loons. Several oiled Snowy Plovers were observed at Coal Oil Point, but teams did not attempt capture due to a determination made by the U.S. Fish and Wildlife Service (USFWS) in consultation with the Wildlife Branch, that the risks of injury from capture outweighed the negative consequences of light oiling.

Mary Cummins, Animal Advocates, Los Angeles, California

Marine mammal recovery teams (composed primarily of members of the California Marine Mammal Stranding Network acting within the OWCN and in coordination with the NOAA National Marine Fisheries Service (NMFS) Marine Mammal Stranding Network Coordinator) responded to reports of live and dead oiled marine mammals. Teams followed national oiled pinniped guidelines, recently updated by NMFS following the Deepwater Horizon, to capture and recover marine mammals. For dead animals, recovery teams deployed to collect the animal, or (if the animal was too large to collect) field processing teams deployed to collect information/evidence from the carcass.

Due to a concurrent and on-going California Sea Lion Unusual Mortality Event (UME) and the use of the new national guidelines, additional staff and resources were needed to recover and process both live and dead marine mammals. Most facilities and local staff were already operating at capacity due to the UME. While the recovery teams that were initially deployed had limited supplies to support early bird operations, the unusual finding of large numbers of affected marine mammals presented a greater challenge for acquiring necessary equipment.

Teams recovered a total of 162 live and dead marine mammals. Of the 63 live mammals captured, 24 were released and 39 died in care. Ninety-nine mammals were recovered dead. The primary species collected was the California Sea Lion.

Animal Advocates, Mary Cummins, Los Angeles, California

Transportation

Transport of oiled wildlife from the field to the recovery/field stabilization area(s), and/or to the primary care facility was done as quickly and efficiently as possible. However, because most marine mammal facilities were above operational capacities due to the UME, the closest large-scale facility that could accept oiled pinnipeds was SeaWorld San Diego. Similarly, the closest large-scale primary care center for birds was the Los Angeles Oiled Bird Care & Education Center, located in San Pedro. The extensive shoreline area over which impacted wildlife were recovered, coupled with the long distance to primary care facilities and significant traffic congestion, presented transportation challenges throughout the response. When possible, animals were checked on periodically during transport, and if needed, provided hydration and nutrition.

Field Stabilization

The Field Stabilization Group provided initial care prior to transportation to the primary care facilities to increase survival. The OWCN mobile veterinary laboratory/animal care trailer (aka, MASH unit) was dispatched to the field for this purpose. In addition, smaller wildlife rehabilitation centers (Channel Islands Marine and Wildlife Institute and the Marine Mammal Care Center in Fort MacArthur for pinnipeds, and Santa Barbara Wildlife Care Network for birds) provided additional stabilization support.

Wildlife Care & Processing

The Wildlife Care & Processing Group utilized two Strike Teams – Wildlife Care and Wildlife Processing. The Wildlife Care Strike Team ensured that wildlife exposed to petroleum products received the best achievable care through veterinary services at 29 rehabilitation centers. The Wildlife Processing Strike Team ensured oiled animals were fully evaluated and that data were captured, so the UC could obtain oiled wildlife statistics used for a variety of purposes, such as response strategy development and media updates. Separate care and processing groups were formed for birds and mammals within the two separate primary care centers.

Recommendations

Both OSPR and OWCN hosted multiple “Refugio Incident Wildlife Hotwash” discussions to identify lessons learned among lead and key staff. The following describes significant lessons learned and recommended changes to improve spill response for oiled wildlife.

Wildlife Reconnaissance

· While the hotline was effective in receiving and transferring information for hundreds of calls, tracking the status of each animal was time consuming for responders in the field. In the future, data should be input to a “live spreadsheet” document that can be shared among key wildlife staff (e.g., operators, WBD, responders in the field). This system will provide data more efficiently to responders, and will aid operators in providing status updates to concerned citizens on animals they report.

· To address increased calls to the hotline as a result of public concern during spills and ready access via cell phones, as well as a request from OWCN for shoreline and/or on-water reconnaissance teams throughout the duration a large oil spill, OSPR should prepare to fill the role of Reconnaissance Group Supervisor in future wildlife responses and as appropriate in drills.

Wildlife Recovery

· The OWCN will develop more comprehensive plans to ensure an on scene core staff Wildlife Recovery Group Supervisor and complete supply caches (either within the OWCN’s Sprinter van or pre-staged caches) are available on day one of a spill. Additionally, the OWCN will establish standards to cascade resources to a spill over defined time periods.

· The Refugio Incident was the first spill in recent California history to involve significant numbers of oiled and possibly impacted marine mammals. For example, during the Cosco Busan oil spill, one live oiled marine mammal was encountered, and five dead. As such, activated Recovery personnel had greater-than-normal operational taskings for the incident size. In the future, additional staff should be activated to ensure coverage is attained both for responding to public/responder sightings as well as systematic regional searches.

Wildlife Field Stabilization and Field Processing

· OWCN leads should ensure all OWCN personnel receive additional training on the National Oiled Marine Mammal Guidelines, and develop California-specific guidelines that help enact these Guidelines. 

· For spills with anticipated wildlife impacts, a core staff Group Supervisor and the MASH unit (with equipment and supplies needed to support field stabilization and (if necessary) field processing) should be on scene within 24 hrs.

Wildlife Transportation

· Use of staff from OSRO’s as drivers for transportation of oiled wildlife was effective for providing dedicated personnel for this important task as well as trucks of sufficient size. In the future the WBD should consider the use of OSRO or other contract personnel/vehicles for transport, in particular when marine mammals are impacted. All transporters should be accompanied by a trained OWCN volunteer or staff who can ensure animals remain stable and can also direct communications with the facility and transportation coordinators to provide updates on estimated arrival times.

This report was prepared, edited by Animal Advocates wildlife rehabilitators located in Los Angeles, California. It is only the wildlife portion of the full report which is linked below. 

Animal Advocates
645 W 9^th St #110-140
Los Angeles, CA 90015
www.AnimalAdvocates.us
info@AnimalAdvocates.us
www.facebook.com/AnimalAdvocatesUSA

https://nrm.dfg.ca.gov/FileHandler.ashx?DocumentID=122847

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

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