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Press releases are updated regularly. They are listed below, by case name, and are in reverse chronological order (most recent first). |
 Trapper CaseRelease 5 – January 28, 2001 PRESS RELEASE On Monday, January 29 at 1:30 p.m., at the Walnut Creek Superior Courthouse, 640 Ygnacio Valley Road, Walnut Creek, 2nd floor, Dept. 24, James Schmerker has been ordered to appear and show cause why his probation should not be revoked. Schmerker, who has been killing wildlife and family pets in body-crushing traps for years, was sentenced by Judge Van Voorhis on November 13, 2000 to serve 90 days (to run concurrent with an unrelated felony gun and methamphetamine sentence) for practicing pest control without a license. Schmerker was allowed to apply for electronic home detention for both cases. He has failed to qualify for electronic home detention. In addition, after a report from Voices For Pets to Lafayette Police on December 18th, he was caught with bodies of 10 recently trapped raccoons, some still in body-crushing traps, and a freezer filled with the bodies of dead animals. Police also found a stash of guns that included an illegal assault weapon with numerous loaded high capacity ammunition magazines, a stolen .45 caliber handgun and several hundred rounds of ammunition. Leroy Moyer--Director Voices For Pets 925-685-5388 www.voicesforpets.org Release 4 – October 11, 2000 PRESS RELEASE On Friday, October 13, 2000, at 9:30 a.m., in Department 24 of the Walnut Creek Courthouse at Ygnacio and Civic Center Drive, a final sentencing hearing is scheduled for James Schmerker, who in a plea-bargain hearing on October 11 pleaded guilty to one charge of trapping without a license. Schmerker was originally charged with two counts of trapping without a license, which resulted in the killing of a Lafayette cat and a Danville cat and seriously injuring a dog. This case was the impetus for the City of Pinole voting to ban body-crushing traps within their city limits. Release 3 – August 15, 2000 PRESS RELEASE On August 16, 2000, at 9:30 a.m., in Department 51 of the Walnut Creek Courthouse at Ygnacio and Civic Center Drive, a plea and disposition hearing is scheduled for James Schmerker, who is accused of two misdemeanor counts of trapping without a license. Schmerker set body-crushing traps in Danville and Lafayette residential neighborhoods, which resulted in the deaths of two family cats and severely injured one dog. The District Attorney has offered to drop one of the counts if Schmerker will plead guilty to the other. If Schmerker does not accept the offer, he is scheduled for a jury trial on August 24th. Leroy Moyer – Director Voices For Pets 925-685-5388 P.S.: Deputy D.A. Kevin Smith Phone: 925-646-2245 Release 2 – May 2000 PRESS RELEASE May 3, 2000 On May 4, at 8:30 a.m., in Department 53 at the Walnut Creek Courthouse on Ygnacio and Civic Drive, a preliminary hearing is scheduled for James and Diane Schmerker. Cases have been combined and the charges are: Trapping without a license that resulted in the killing of a number of family pets, plus possession of methamphetamine and concealed loaded handguns. (See attached.) Leroy Moyer, Director Voices For Pets 925-685-5388 Release 1 – April 2000 PRESS RELEASE KILLER TRAPPER--JAMES SCHMERKER TIME LINE April 19, 2000 Trapper James Schmerker has been killing our wildlife and our furry family members for many years. There have been many calls to Animal Control from the Schmerkers' Lafayette neighbors complaining of animals left in his front yard in boxed cages, exposed to the elements for many days without food or water. He only received warnings not to do it again. On October 7, 1999 in Emeryville, six-year-old Michael Rymer, a beloved family cat, was crushed and killed in a conibear trap set by Schmerker. On December 1, 1999, two-year-old Toby Grothman, a much-loved family cat, was crushed to death in a trap set by Schmerker in a Lafayette neighborhood. On December 7, 1999, in a Danville residential neighborhood, a woman walking her dog stopped to talk with a neighbor. Her dog, Jimmy, wandered through an open gate and was injured in a trap but was saved before it died. The traps were not removed. Four days later, a twelve-year-old cat, Soccer Gendron, was found by his family crushed to death. I called Piedmont-Emeryville Animal Control and talked to Officer Leslie Tisdale, who told me she was well aware of Schmerker and had responded to the Emeryville cat killing. She said he is a licensed trapper and there was nothing she could do. I called Contra Costa County Animal Control and Lieutenant Dan Barrett told me the same thing, that Schmerker was licensed and there was nothing they could do. Animal Control received many calls from families whose pets were killed, complaining that Schmerker was still setting traps in their neighborhoods. After the families' calls and letters to City and County officials, and after media coverage, Animal Control took another look and discovered that Schmerker had not been licensed since 1995. This resulted in a misdemeanor that would result in nothing more than a fine. It would not put him out of business or stop the killing. This was just not good enough. I went through public criminal records and discovered that on October 24, 1996, Lafayette police had stopped James and Dianne Schmerker for stolen license tags. Both were found to have methamphetamine and concealed loaded handguns. They were given probation and ordered to attend drug diversion and not have guns. I also discovered that they were scheduled for a court appearance on February 2, 2000 and that their probation officer was recommending their probation be revoked for not attending drug diversion or having paid a $100 fine. This type of technical violation almost always results in reinstatement of probation, without jail time. Again, not good enough. I then went through public civil records and discovered that Schmerker was being sued by a man he had shot in a dispute over money. On March 18, 1998, while still on probation and ordered not to have any guns, Schmerker had pulled out a .45 semiautomatic and shot the unarmed man through the stomach. The police report, including witnesses' statements, showed clearly that Schmerker was the shooter, and indeed Schmerker admitted being the shooter. Police took the gun and arrested Schmerker for assault with a deadly weapon. I then called Lafayette Police Sergeant Fisher, who had been in charge of the shooting investigation. He told me he felt he had sent a good case to the D.A.'s office but that they had declined to prosecute. I then called Schmerker's probation officer, Peggy Rachelle and told her of the shooting and that this had happened while Schmerker was on probation and ordered not to have guns. She said she was not aware of the shooting and had only recommended a violation on the basis of Schmerker and his wife not going to diversion. I said it seemed that although he had not been charged, it was clear he had been in possession of a handgun while on probation, and this seemed to be a much more serious violation, and I asked if she could amend her recommendation. She recommended that I refer this to the District Attorney's office. I then talked to Deputy D.A. Stacey Grassini, who was handling the probation revocation case. He also said he was not aware of the shooting and asked that I supply him with documentation. I then hand-delivered a copy of the police report in the shooting incident, and also a transcript from the civil case deposition in which Schmerker admits having and firing the gun. In a follow-up phone call, Mr. Grassini said that he would amend the violation charges to include possession of a weapon. This is better, but still not good enough. Only a felony conviction will put Schmerker out of business and stop his killing. Leroy Moyer - Voices For Pets - (925) 685-5388 Action Alert, Current Case, Case History |
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Members of the press can contact us via e-mail if you would like to receive our press releases on a regular basis. To receive e-mailed or postal mail press releases, please or phone us at 925-685-5388. Please see Action Alerts, Current Cases, Case Histories, for additional background on each case. For additional information or to arrange an interview or receive other materials, please call 925-685-5388 or |
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