Trapper
James Schmerker is one of the trappers operating in our communities whose traps have caused death and injury to numerous family pets as well as wildlife.
Schmerker is current charged with trapping without a license and violation of parole (involving concealed weapons and possession of methamphetamine).
James Schmerker is not alone. Trapping is a lucrative business in California, and it continues despite the overwhelming passage of Proposition 4 by California voters. Many citizens believed that Proposition 4 would put an end to the use of body-crushing and leg-hold traps in this state. However, due to a loophole caused by the wording of the law, it has been challenged in court and is not currently being applied.
Latest Update March 8, 2001
Trapper James Schmerker in Custody
Since our December 2000 update on the case of killer Trapper James Schmerker, a Lafayette police report by Deputy Sheriff G. Anderson detailed new instances of illegal trapping by Schmerker, called in by Voices For Pets on December 18, 2000. When Deputy Anderson went to Schmerker's home that night, he found 10 recently killed dead animals, many still in body-crushing traps, plus a freezer full of animal bodies, plus one live raccoon (which was left in Schmerker's "care").
On January 5th, 2001, when Lafayette officers and Animal Control returned to Schmerker's home, they found more freshly killed dead animals, plus firearms, which included an illegal assault rifle and a stolen handgun with hundreds of rounds of ammunition. They confiscated the firearms but left the animals' bodies and the trapping equipment behind.
On January 28th, Schmerker's 32-year-old brother, Brett, was in the driveway of their house burning animals that were in traps with a blowtorch.
On January 29th, Schmerker was scheduled to show up for a probation violation hearing at the Walnut Creek Courthouse. He did not show up. Schmerker was already a fugitive for not having reported to jail on January 25th as ordered by a judge in a non-trapping-related felony conviction for illegal possession of firearms/methamphetamine. Consequently, Judge Van Voorhis ordered a no-bail warrant issued for his arrest.
Nothing happened until February 8, when Schmerker was arrested. He was brought before a judge on February 9. The district attorney's office declined to file new charges for the more recent killings. Also, the court at that time reinstated Schmerker's 90-day sentence on the original trapping charge, but removed its "concurrent" status--meaning he would have to serve these 90 days in addition to (rather than at the same time as) the time he was to serve on the guns/methamphetamine charges.
On February 20th, the Martinez court scheduled a probation conference for the felony methamphetamine/gun conviction. However, in court on February 20th, when Schmerker's name was called, he did not answer. The judge then issued a bench warrant for Schmerker's arrest. At that point, Voices For Pets spoke up and informed the judge that Schmerker was already in custody. The judge then scheduled another probation conference hearing for March 6th, where behind closed doors, Schmerker's original sentence of six months was reinstated. There was no additional time for repeatedly violating court orders, no new charges for the illegal assault rifle or the stolen .45 handgun, or for being a felon in possession of guns.
For the two cases combined, Schmerker will serve: Three months for the misdemeanor trapping without a license, and six months for the original meth/guns, for a total of nine months. With 24 days already served, and an automatic one day off for every two days served, Schmerker will be back in our community killing again within six months.
February 5, 2001
Trapper James Schmerker Fails to Show up for Probation Violation Hearing
On January 29th, killer trapper James Schmerker did not show up for his scheduled probation violation hearing at the Walnut Creek Courthouse. Schmerker was already a fugitive for not having reported to jail on January 25th as ordered by a judge in a non-trapping-related felony conviction for illegal possession of firearms/methamphetamine. Consequently, Judge Van Voorhis ordered a no-bail warrant issued for his arrest. This means that if Schmerker is stopped by police for any reason, he will be held in jail until he appears before a judge.
A Lafayette Police report by Deputy Sheriff G. Anderson (Report #DR00-35941) detailed new instances of illegal trapping by Schmerker, called in by Voices For Pets on December 18, 2000. When Deputy Sheriff Anderson went to Schmerker's home that night, he found 10 recently killed dead animals, many still in body-crushing traps, plus a freezer full of animal bodies, plus one live raccoon (which was left in Schermker's "care"). On January 5th, when Lafayette officers and Animal Control returned to Schmerker's home, they found more freshly killed dead animals, plus firearms, which included an illegal assault rifle and a stolen handgun with hundreds of rounds of ammunition. They confiscated the firearms but left the animals' bodies and the trapping equipment behind. On January 28th, Schmerker's 32-year-old brother, Brett, was in the driveway of their house burning animals that were in traps with a blowtorch.
You can help by writing and/or faxing letters to the Contra Costa District Attorney asking that new charges be filed against Schmerker for trapping and killing animals without a license, as well as for being a felon in possession of illegal firearms. No new charges have been filed against Schmerker or his brother. If Schmerker's probation is simply revoked and he is allowed to serve out his current sentence, he could be back in the community killing in less than four months. However, if the D.A. files new charges of trapping without a license and being a felon in possession of a stash of guns, Schmerker could go to prison for a number of years.
January 20, 2001
Trapper James Schmerker Ordered to Appear on Monday, January 29, at 1:30 p.m. at the Walnut Creek Courthouse
Killer trapper James Schmerker has failed to qualify for home detention, and has been ordered to appear in court on January 29th to show cause why he should not have his probation revoked and be ordered to serve his 90-day jail sentence related to charges in the trapping case. If the D.A. and the judge file new charges of trapping without a license and being a felon in possession of a stash of guns, Schmerker could go to prison for a number of years. They might, however, simply let him serve out his remaining sentence of six months, in which case, with automatic time-offs, he would be back out in the community klling in less than four months.
At his plea bargain sentencing hearing in October of last year, he was ordered not to engage in pest control without a license. He received a sentence of 90 days, to run concurrent with the sentence he was already serving on unrelated drug and gun possession charges. On November 13th the judge in the trapping case, Judge Van Voorhis, ordered Schmerker released to reapply for home detention. As he failed to quality for home detention, he must serve the remainder of his sentence in the county jail.
Schmerker, who has, not surprisingly, continued to trap despite the judge's order, is currently on the run. On December 18th, Lafayette police, responding to a call from Voices For Pets, visited Schmerker's Vals Lane home. They discovered the recently deceased bodies of 10 raccoons, some still in body-crushing traps, and a freezer filled with the bodies of dead animals. Schmerker at that time claimed that he had stored the animals in the freezer because he could not be constantly going to the dump to dispose of them. Lafayette police referred the case to Animal Control. Animal Control visited Schmerker's home 18 days later, on January 5th, and discovered a collection of guns--numerous rifles and at least one handgun. (Schmerker, a convicted felon, is forbidden by law to possess firearms, and was specifically ordered, by Judge Minney on August 1, 2000, and by Judge Von Voorhis on November 13th, not to possess firearms.)
Schmerker has not been seen since January 6th. He has also been ordered to surrender to Contra Costa County Jail on January 25th to serve the remainder of the sentence he received in a case related to possession of methamphetamine and guns. If Schmerker does surrender to the County Jail on January 25th, he will be brought to Walnut Creek Superior Court on January 29th at 1:30 in his prison jumpsuit for the hearing related to the trapping case.
It is important that as many of us as possible be in court on January 29th. The court needs to see how concerned the community is that this sadistic killer continues to remain at large, continues to trap and kill animals and to possess firearms, in defiance of court order.
November 8, 2000
Final Hearing for James Schmerker Set for Monday, November 13th at 8:30 a.m at the Walnut Creek Courthouse
A REMINDER:
Traper James Schmerker's next court appearance is November 13th at 8:30 a.m. in Department 24, 2nd floor of the Walnut Creek Courthouse, Civic Drive and Ygacio in the City of Walnut Creek. This hearing was ordered to determine whether Schmerker should pay money to his animal victims' families.
At Schmerker's plea-bargain sentencing hearing on October 13th, he was ordered not to engage in pest control without a license and to produce such license upon request by a peace officer at any time, and he was ordered to pay a $350 fine. He received a sentence of 90 days, to run concurrent with the sentence he is already serving, and if he gets home detention, he will not do any jail time at all.
October 30, 2000
Dianne Schmerker in Custody, Final Hearing for James Schmerker Set for November 13th at 8:30 a.m. at Walnut Creek Courthouse
On October 19, 2000, Dianne Schmerker was taken into custody to serve three months, either for a probation violation or because she failed to qualify for electronic home detention. We don't know if these three months are considered part of her six-month sentence (for possession of methamphetamine and possession of concealed and loaded handguns).
We also do not know if James Schmerker has qualified for the electronic home detention program (for which he was denied earlier), but we do know that he is not in custody. James Schmerker's next court appearance is November 13th at 8:30 a.m. in Department 24, 2nd floor of the Walnut Creek Courthouse, Civic Drive and Ygacio in the City of Walnut Creek. This hearing was ordered to determine whether Schmerker should pay money to his animal victims' families.
At Schmerker's plea-bargain sentencing hearing on October 13th, he was ordered not to engage in pest control without a license and to produce such license upon request by a peace officer at any time, and he was ordered to pay a $350 fine. He received a sentence of 90 days, to run concurrent with the sentence he is already serving, and if he gets home detention, he will not do any jail time at all. Click here to see the transcript of the sentencing hearing held October 13, 2000 for James Schmerker.
Good news, however: Schmerker's house, on which he owes $196,000, was to be sold in foreclosure on the courthouse steps in Martinez on October 24th. However, that sale was cancelled when Schmerker filed for bankruptcy. His electricity has been shut off. Junk, garbage, wrecked cars, and a dilapidated house litter Schmerker's property, which he inherited three years ago when his parents died. However, the land itself, because of its location, has some value. We don't know if Schmerker's lawyer has been paid for his services, but we do know that lawyers normally want their money up-front, and we imagine the cost of an attorney has helped drive Schmerker into bankruptcy.
October 11, 2000
Schmerker Accepts Plea-Bargain--Final Sentencing Set for Friday, October 13th at 9:30 a.m.
On October 11, 2000, at the plea-bargain hearing on the trapping charges against James Schmerker, a plea-bargain agreement was reached, although Schmerker was in custody on unrelated charges and was not in court. Through his attorney, Schmerker agreed to plead guilty to one count of trapping without a license (he had originally been charged with two counts).
The plea-bargain calls for 3 years of probation, a $350 fine, and 90 days of jail time (which will be served concurrently with Schmerker's other unrelated sentence for possession of methamphetamine and concealed handguns). In other words, Schmerker will not have to serve any additional time related to the trapping case.
According to Deputy D.A. Kevin Smith, Schmerker is expected to serve, for the meth/handguns case, a total of about 84 days in county jail (180 days for the felony case, minus 1/3 time off, with credit for time served, including the time he spent applying for home detention).
Further, the judge at today's pretrial hearing, Judge Bruce Van Voorhis, was quite upset that Schmerker was taken into custody this week when he showed up to apply for the Sheriff's Ankle Bracelet Home Detention Program (for which Schmerker does not meet the qualifications).
Judge Van Voorhis, by the way, is the same judge who presided in the 1993 Danville case of the beheading of Jingles the cat, and who rubber-stamped the D.A.'s recommendation of a misdemeanor with a $200 fine and no jail time.
Although in the case of this particular judge it will not likely have much effect on the sentencing, a 1988 Victim's Impact Law gives victims' families the right to make a statement before sentencing; and because the families of Schmerker's trapping victims have designated Voices For Pets to make a statement on their behalf, Voices For Pets will make a victim's impact statement at the final sentencing hearing on the trapping case this Friday. This is an opportunity to speak for those who have no voice--Schmerker's non-human animal victims. If you can attend, please do so. The hearing will be held this Friday, October 13th, at 9:30 a.m. in Department 24 of the Walnut Creek Courthouse, Ygnacio and Civic Center Drive in Walnut Creek.
October 8, 2000
Update/Two Important Court Dates This Month
On July 31, 2000, James and Diann Schmerker were sentenced to 6 months in County Jail for a 1996 arrest for possession of methamphetamine and concealed handguns. The judge gave them until September 1st to apply for and be accepted in the Sheriff's Department's Electronic Ankle Bracelet Home Detention Program.
September 1st came and went with no action taken, and Schmerker was once more falling through the cracks in our judicial system. After repeated phone calls and other activity, on October 6, Schmerker was taken into custody.
In another case involving Schmerker's using body-crushing traps "without a license" in residential neighborhoods, which resulted in the deaths of three family cats and severe injury to a dog, there are two important court dates coming up. It is important that as many people as possible attend:
The first court date is a pretrial hearing scheduled for this Wednesday, October 11th, at 9:30 a.m. at the Walnut Creek Courthouse, Ygnacio and Civic Drive, 2nd Floor, in Walnut Creek. At this hearing, Schmerker could accept the plea bargain offered him, in which one of the charges would be dropped in exchange for his pleading guilty to the other.
If Schmerker does not accept the plea bargain, he is scheduled to appear on Monday, October 23rd, at 10:00 a.m. at the Walnut Creek Courthouse, Ygnacio and Civic Drive, 2nd Floor, in Walnut Creek.
Court dates do change, so please call Voices For Pets one or two days before the above court dates to confirm the trial dates and times.
We hope to see you in court--our presence is important, and it does make a difference!
September 21, 2000
Schmerker Trial Rescheduled for October 23rd
Case to be Heard Before a Judge
Trapper Schmerker's trial date, originally scheduled for Monday, September 25th, has been rescheduled. The new trial date and time are Monday, October 23rd at 10:00 a.m. at the Walnut Creek Courthouse, on Ygnacio and Civic Center Drive.
Again, Schmerker is accused of two misdemeanor counts of trapping without a license. The two counts relate to the deaths of two cats killed in body-crushing traps set in Danville and in Lafayette.
May 2000
KILLER TRAPPER--JAMES SCHMERKER
In the Voices For Pets February update, we told you about some of the documented killings of family pets by James Schmerker. In one 2-month period, Schmerker set body-crushing traps in Emeryville, Lafayette, and Danville that killed three pet cats and injured one dog. These traps were set in residential neighborhoods, like yours, on walkways, between houses, in storm drain openings at the curb, etc. It is only a question of time before a child is injured or killed. Have you had a squirrel, raccoon, or other wildlife friend that used to visit and delight you but no longer does? Has your pet disappeared? Wherever these traps are set, wildlife and pets do disappear. What is unusual is for a family to find their pet in a trap before the body is disposed of.
At the Watergate Condominiums in Emeryville, the homeowners' association manager hired Schmerker to set traps throughout the property without notifying the people who live there, endangering not only wildlife but adults, children, and pets. Even after six-year-old Michael, a much-loved family cat, was crushed and killed in a trap, the traps were not removed. Dr. Marybeth Rymer, a veterinarian who lives at Watergate and found her cat crushed to death, said, "One evening a week later, several of us standing on the boardwalk helplessly watched in dismay as a screaming raccoon frantically fought a trap on his leg. As he stumbled across the boulders, he fell into the bay and drowned. We have also heard the heart-wrenching sounds of raccoons trapped and dying while sleeping at night." The traps were still not removed. Three months later, a number of people witnessed a trapped raccoon in the opening of a sidewalk storm drain next to the tennis court. One witness was missing two pet cats. When she asked the trapper and the Watergate Management about her pets, she was told "no cats have been killed."
In a Danville residential neighborhood, Mack Gardner at 112 Gerald Drive hired Schmerker to trap raccoons. On December 7, 1999, a woman walking her dog stopped to talk with Mr. Gardner. Her dog, Jimmy, wandered through an open gate and was injured, with his head caught in a trap, but was rescued before he died. The traps were not removed. Four days later, a 12-year-old cat, Soccer (photo at left), was found by his family crushed to death.
In Emeryville, Lafayette, and Danville, when the families did find their pet dead in a trap, Schmerker said "I have a license and there is nothing you can do about it." Because of media coverage, Contra Costa Animal Control checked and discovered that Schmerker had not been licensed since 1995 and charged him with two misdemeanors, which is no more than a minor traffic violation.
In both the trapping case, and an unrelated case in which both Schmerker and his wife are charged with possessing methamphetamine and concealed handguns, Schmerker has shown up for court wearing grimy overalls with blood spatters on his legs and a California Trappers Association patch on his shoulder. During one court break on April 20, Dianne Schmerker followed me down and back up the stairs saying things like, "We know where you live and we know you have pets."
Schmerker continues to kill in our neighborhoods every day. In April, he bought a new $30,000 truck. That alone represents a lot of suffering.
Schmerker is not the only trapper in our neighborhoods. Look in the Yellow Pages under Animal Trappers and under Pest Control. I am not talking about people who spray for ants and termites. I am talking about trappers who cripple and kill our wildlife and pets and endanger our children.
And what about the victims? For the homeless pets, their only crime is that they are homeless. For the pets that have homes and families, their only crime is that they went exploring in their own neighborhood. For the wildlife, their only crime is that they exist.
These body-crushing traps do not discriminate between squirrels, raccoons, birds, endangered species, pets, or children. And they are used in your neighborhood.