Lawsuit: Animal rescue refuses to return retired Border Patrol K9 to Kingsville agent

Alexandria Rodriguez | Corpus Christi

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The owner of a retired Border Patrol K9 filed a lawsuit against a South Texas city after three months of failed attempts to reunite with his former four-legged partner.

The lawsuit, filed Feb. 12, alleges theft, libel, slander and defamation.

Endy, a Belgian Malinois, ran away from his Kingsville area home on Dec. 31, after a night of loud fireworks. He was taken to Kingsville Animal Control on Jan. 2 where a series of alleged mistakes took place, according to a Facebook post from the Retired Police Canine Foundation.

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The foundation is a national organization dedicated to giving money and services for care and maintenance of retired military and police K9s.

The foundation has worked closely with Endy's owner, Brian Buchanan, who is a Border Patrol agent. Endy has lived in the Buchanan household for about 11 years, the lawsuit states.

American Belgian Malinois Rescue, Inc.; Marica Tockson; Roxanne Sandt; Katherine Villarreal; Matt Henry; Kingsville Animal Advocates; and the City of Kingsville are listed as defendants.

Tockson, Sandt, and Henry have addresses in the Kingsville area. Villarreal and the registered agent of Kingsville Animal Advocates — Dianne Leubert — have addresses in Kingsville, the lawsuit shows.

Leubert also is a Kingsville City Commissioner. In 2018, Villarreal was the Kingsville Animal Advocate's foster director, according to an article by the South Texan.

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Paperwork filed for Endy's intake at the animal control shelter was riddled with mistakes, the foundation said. The date Endy entered the shelter was incorrect, his breed was incorrectly listed as a German Shepard and Endy was never scanned for a microchip, the foundation said in the post. A section involving microchip information on the intake paperwork is blank, a photo of the paperwork shows.

The inaccuracies kept Buchanan from getting his dog back. Buchanan later came across a photo of Endy on the Kingsville Animal Advocates Facebook page. Intake paperwork from animal control also prevented Buchanan from getting Endy back, the foundation said in the post.

A Kingsville city ordinance states the city becomes an owner of an animal after three business days. The first business day is the "day after the animal is impounded and released from quarantine," the lawsuit states.

The first business day would have been Thursday, Jan. 3. The third business day would have been Monday, Jan. 7, because Animal Control is not open Saturdays, the suit states.

On Saturday, Jan. 5 Endy was given to another rescue group — American Belgian Malinois Rescue, the lawsuit states. Photos of the paperwork for the rescue group shows an address across the country in Wisconsin.

Buchanan reached out to the Malinois rescue and provided proof of ownership with slow response.

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The rescue group is "exploring filing charges for the cruelty" to Endy, according to a statement sent to the Caller-Times in January.

"This dog was deemed unadoptable by the shelter due to his age and medical conditions and was going to be euthanized. ABMR legally rescued the dog before he was to be euthanized, giving him a second chance at life," the statement reads.

ABMR told the canine foundation Endy tested positive for heartworms. A photo of the test shows Endy tested "light positive."

The lawsuit also alleges an animal rescue group "conspired" with ABMR.

"... It is believed that members of the city's animal control division conspired and colluded with members of a group known as Kingsville Animal Advocates (KAA) to have Endy transferred to ABMR prior to the three business day redemption requirement and prior to the city obtaining any property right to Endy," the lawsuit reads.

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Buchanan is seeking damages for libel, slander and defamation, and is seeking attorney's fees. A temporary restraining order also is being sought against the defendants.

"This could have been avoided if all the parties had done the right thing and return Endy," Buchanan said. "Instead the rescue groups decided to smear my name on social media by making false accusations that I abuse my dog."

The defendants are restrained from "destroying, euthanizing, hiding, concealing or otherwise withholding Endy," the lawsuit reads.

Kleberg County Sheriff's Office officials are investigation any criminal action that may have occurred.