Arkansas Man's Nightmare: Law Enforcement Threatens Jail Time Over False Animal Cruelty Allegations

Danny Johnston

Jose Barragan Gudino was driving to his home in Hot Spring County, Arkansas, on March 13 with his wife after a day of working and running errands. Upon arriving, he noticed police cars parked outside his property. He was soon to find out that he was about to endure what can only be described as an egregious abuse of an American citizen carried out by a local law enforcement agency.

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Upon exiting his vehicle, two deputies with the Hot Spring County Sheriff’s office approached him and his wife.

The situation arose when an unknown person supposedly spotted some of Gudino’s puppies in the street. One of his dogs had recently given birth, and some of the puppies had wandered off the property. The authorities were called, and two officers ventured onto his property without a warrant and came across two of his adult dogs, who were kept in a pen.

The officers concluded that Gudino was mistreating his dogs because he allegedly left them in a dirty enclosure while he and his wife were not at the residence.  Under Arkansas law, this offense could result in up to one year in prison per offense. He explained that it had recently rained, which meant that there was some mud in the pen, but that it was not unfit as a temporary area for his dogs.

He also told RedState that the officers claimed that one of his dogs “looked a little skinny.” But Gudino, having recently acquired the animal, believes this is because she had been sick and noted that none of his animals were starving because he feeds them regularly.

In total, Gudino owns four adult dogs, one of which is a rescue animal, and six puppies, which had been born weeks earlier. He also owns a number of chickens – both roosters and hens, which also became an issue for the officers, who claimed the law did not allow him to own game fowl.

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The officer cited Arkansas Code Title 5, which addresses “unlawful animal fighting.” This law is ostensibly intended to punish those who engage in cockfighting or other such practices. However, it does not outlaw owning or raising these birds, as long as they are not used for this purpose. Gudino affirmed that he does not engage in cockfighting or any other activity outlined in the law. “I just own the chickens, I don’t do cockfighting,” he said.

The officers interrogated both Gudino and his wife about the animals. At one point, one of the deputy sheriffs read him his rights, as if they were going to arrest him. However, they later told him that they would not be arresting him because he was cooperative.

When Gudino arrived at his home that evening, a woman who only identified herself as a “former deputy sheriff” was also on the scene and had his dogs in her car. She called a local organization called “Stop Animal Cruelty” to pick up the resident’s animals.

The organization purports to be a “non profit animal welfare group that works tirelessly rescuing abused, abandoned, neglected and owner surrendered pets in both Hot Spring & Garland Counties,” according to its website.

The authorities decided they would confiscate all of Gudino’s animals, including his dogs and chickens despite not charging him with a crime or even having a warrant to search his property. The organization’s van was not large enough to contain all of his animals, so the officers returned a few days later to take the rest.

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As of this writing, the Sheriff’s office has not charged Gudino with a crime, nor have they arrested him. But they have not yet told him that he will not be facing charges, which means the possibility of arrest is still hanging over his head.

It seems their primary objective was to confiscate his animals. A text message from one of the deputies after they initially took his animals seems to suggest that they would not charge him if he agreed to “abandon” his dogs and chickens, according to Gudino.

One of the text messages from a Deputy Shnaekel suggests that the “option is still on the table” and requests that Gudino contact him.

Screenshots of text messages sent to Arkansas dog owner from Deputy Sheriffs

Gudino told RedState that the authorities are trying to get him to give up claim to his dogs and chickens, even though he has not engaged in any wrongdoing. It appears the sheriff’s office is leveraging the implied threat of prosecution to this end.

But what is also noteworthy about this case is that his dogs ended up in the possession of another local animal rescue organization called The Humane Society of Garland County, which posted pictures of his puppies on its Facebook page to request donations from its audience.

“These dogs and pups were found in a pen that had no food or water,” the advertisement reads. “Two were locked in a wooden box. A lady saw them and when she checked the pen, she said it was deplorable.”

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The post added: “The Humane Society is reaching out to ask for donations and fosters.”

Here is a screenshot of the post featuring the puppies and adult dogs:

Screenshot of Facebook ad soliciting donations for puppies after taking them from their owner in Arkansas

You can judge the condition of the dogs by looking at the pictures. The organization published this post only three days after they were taken from their home by law enforcement. As of this writing, the group has raised $1,370 from the post featuring his dogs.

Shortly after the authorities took his animals, Gudino began working with the United States Human Defense League (USHDL) and the Rural Animal Owner Alliance (RAOA). These organizations work to defend human and property rights.

He was told by the RAOA that he could submit a petition to the district court to get his animals back. He has attempted to provide them with the paperwork on multiple occasions but says he is getting the “runaround.” He said he believes they are making the process more difficult “to get [him] to abandon [his] dogs and chickens.”

Darcy Blevins, a field investigator for the RAOA, told RedState she was “appalled at the members of law enforcement and the court system…who don’t know their laws and are operating a legal system that violates its residents’ rights.”

She spent hours on the phone with the sheriff’s office and the district court trying to help Gudino file the appropriate paperwork to get his animals back. “They illegally confiscated this man’s dogs and chickens without due process or the proper documentation,” Blevins told RedState. “Then proceeded to give everyone the run around on the phone.”

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“This man is legitimately trying to follow Arkansas law and file his petition within the 15-day guideline of ACA 5-26-106 statute,” she added.

Gudino said this ordeal has had a devastating impact on himself and his family. The officers threatened to send him to jail over crimes he did not commit. He and his wife have a one-year-old child and another on the way, which makes the situation even more dire. “I’m afraid to even leave my home because I don’t know if they are going to arrest me,” he said.

Doni Anthony, who works with the HDL, indicated that Gudino’s situation “isn’t rare,” and that this type of conduct happens “across the country every day.”

She added:

The state’s disregard for our natural human rights is becoming more apparent daily. It’s unacceptable to keep allowing these arbitrary practices to exist in a “free” country. I aim to ensure that Jose gets the justice he deserves from the unjust practices of the Hot Spring County Sheriff’s Department, the court, and the grifting non-profit that stole from him. We must stand together against these injustices and stand for those who have become a victims of the State like Jose.

At this point, it is unknown whether Gudino will ever retrieve his property, now that the authorities have confiscated it. In fact, the Humane Society of Garland County indicated in its Facebook post that his dogs have already been “fostered.” He has not yet been updated on the status of his chickens. He also doesn’t know whether he will be charged with a crime. When asked what his desired outcome would be, he said: “I just want my animals back and for this to be over.”

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Editor’s Note: This article has been edited for clarity. 

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