Folks. Here is the original complaint I filed with Hunterdon County Sheriff who sent it to Hunterdon SPCA which is the law enforcement agency for investigating animal abuse.
I have no problem with these documents being public. It is time for professional trainers in the industry to be held accountable for their negligent actions and lack of actions when said trainers choose to ignore reasonable judgment in the care, custody and control of independently owned horses.
Please be aware that the attached affidavit herein, was also used by Ms. Miranda in her ongoing civil lawsuite against Parra. The affidavit was used by the Judge through quotes to Deny Parra's request for Summary Judgment. The civil lawsuit trial will go forward.
P.O. Box 711908
Salt Lake City, UT 84171
February 7, 2012
Frederick W. Brown
Hunterdon County Sheriff
8 Court Street
Flemington, New Jersey 08822-2900
Regarding: Extreme animal abuse arising from deceptive trade practices and fraud.
I am filing a formal criminal complaint against Mr. Cesar Parra for the wanton disregard of the safety of a horse under NJ Statute 5:15-1-12 and under NJ Statute Title 4, Chapter 22, Article 2, 22-179 Cruelty in general (a) torture, unnecessarily abuse, and NJ Title 56, Chapter 8, Section 1 Deceptive trade practices for misrepresenting services to be rendered. The New Jersey statutes presented do not contain any form of statute of limitations. Because animal abuse is a primary part of criminal profiling, any form of animal abuse by any individual should be not taken lightly.
Mr. Cesar Parra operates a horse training business located at 14 Shade Lane, Whitehouse Station, NJ 08889. He may physically be currently located at his winter location of 18238 128th Trail North, Jupiter, FL 33478.
Such trainers as Mr. Cesar Parra, who use deceptive trade practices which involve abusive training techniques have destroyed the ability of competent non-abusive trainers to make a living training horses. This has occurred because the abusive training techniques are creating results which are being allowed to compete and win in competitions, in violation of the rules of every single horse association that has governing auspice over competitions. The reputations of such abusive trainers has a detrimental affect upon the ability of competent non-abusive trainers to earn livings training the competitive horse.
I am filing this criminal complaint predicated upon on single incident. However, there is sufficient evidence available through a proper in depth investigation that Mr. Parra has a propensity for abusing horses. I have enclosed copies of Ms. Miranda’s interrogatories and my affidavit I submitted on her behalf in her civil case.
On June 6th, 2009, Mr. Cesar Parra did ‘willfully, intentionally, and knowingly’ cause the near death of a horse named William PFF, owned by Ms. Trudy Miranda, which resulted in the horse being physically and emotionally handicapped for the rest of his life.
E. Allan Buck
EDWARD ALLAN BUCK
ON BEHALF OF
West's Encyclopedia of American Law, edition 2. Copyright 2008 Gross negligence defined as:
An indifference to, and a blatant violation of, a legal duty with respect to the rights of others.
Gross negligence is a conscious and voluntary disregard of the need to use reasonable care, which is likely to cause foreseeable grave injury or harm
to persons, property, or both. It is conduct that is extreme when compared with ordinary Negligence, which is a mere failure to exercise reasonable care. Ordinary negligence and gross negligence differ in degree of inattention, while both differ from willful and wanton conduct, which is conduct that is reasonably considered to cause injury. This distinction is important, since contributory negligence—a lack of care by the plaintiff that combines with the defendant's conduct to cause the plaintiff's injury and completely bar his or her action—is not a defense to willful and wanton conduct but is a defense to gross negligence. In addition, a finding of willful and wanton misconduct usually supports a recovery of Punitive Damages, whereas gross negligence does not.
I hereby declare that I have over forty years of professional experience within the equine industry. I am the inventor of the original bitless bridle with cross under the jaw rein operating technology. I have been professionally riding and instructing bitless for the past twenty three years due to the discovery of material facts revealed regarding the biomechanical requirements of the horse. I also hereby declare that I do have the physical experience in horse and rider biomechanics to demonstrate the physical abuse inflicted upon William PFF.
I declare as a professional educator of horse and rider, that the actions by Cesar Parra inflicted upon William PFF were gross negligence simply because Mr. Parra physically endangered the life of the William PFF. Gross negligence arises through Mr. Cesar Parra’s conscious and voluntary decision to disregard the need to use reasonable care and instead choose the infliction of excessive physical constraints which would not allow William PFF or any other horse in the same situation, the physical ability to protect itself from injury.
I declare as a professional educator of horse and rider, that the actions of Cesar Parra inflicted upon William PFF are clearly defined as gross negligence because it is the fiduciary responsibility of Mr. Parra to be informed and educated by the owner Trudy Miranda about the equipment used and manner used for lunging William PFF, in order to further the schooling of William PFF in an appropriate and safe manner for William PFF.
Mr. Parra’s arrogant “willful, intentional, and knowing” refusal to allow William PFF owner Trudy Miranda to demonstrate how and why the equipment is used on William PFF and how William PFF is lunged in such equipment constitutes a conscious and voluntary disregard of the need to use reasonable care in the schooling of William PFF.
I declare as a professional educator of horse and rider, that the Mr. Cesar Parra, did as a material fact of law, without permission of the owner Trudy Miranda, ‘willfully, intentionally, and knowingly” change and alter the equipment originally on William PFF when presented for lung which induced extreme physical constraints upon William PFF and therein, without the permission of the owner Trudy Miranda, added another piece of equipment which further induced more extreme physical constraints upon William PFF.
I declare as a professional educator of horse and rider, that Mr. Cesar Parra cannot provide as a defense that the equipment and methodology used by Mr. Cesar Parra upon William PFF is a standard for schooling horses. The extreme constraints inflicted by Mr. Cesar Parra are not the standard used in lunging horses in equipment known as draw reins. Reasonable educators of the horse understand that they cannot impose constraints upon the horse that interfere with the horse’s ability to protect itself from injury.
I declare as a professional educator of horse and rider, that Mr. Cesar Parra, did as a material fact of law, violate New Jersey Statute Title 4, Chapter 22, Article 2, 22-17, whereas, Mr. Cesar Parra did “willfully, intentionally, and knowingly” inflict torture, torment, unnecessary abuse upon William PFF.
I declare as a professional educator of horse and rider, that Mr. Cesar Parra is a member of the United States Equestrian Federation and as such has full knowledge of their rules and regulations regarding abuse of the horse and that USEF and its members must abide by the rules and regulations of the Federation Equestre Internationale [FEI]. FEI states in General Regulations Article 142 - Abuse of Horses:
1. No person may abuse a Horse during an Event or at any other time. “Abuse” means an action or omission which causes or is likely to cause pain or unnecessary discomfort to a Horse
I declare as a professional educator of horse and rider, that the State of Washington Supreme Court did establish a legal definition of abuse of the horse by the application of the word pain. The 2004 Washington State Supreme Court held in 118 Wn. App. 730, State v. Zawistowski, that Webster's Third New International Dictionary 1621 (1969) definition of "pain" as "a state of physical or mental lack of well-being or physical or mental uneasiness that ranges from mild discomfort or dull distress to acute often unbearable agony."
I declare as a professional educator of horse and rider, that Mr. Cesar Parra is:
1. Bound by his fiduciary responsibilities as a professional educator of the horse and rider to prevent any horse in his care, custody and control from being abused, having pain and discomfort inflicted upon the horse.
2. Bound by the rules and regulations of the United States Equestrian Federation and the Federation Equestre Internationale regarding abuse of the horse
3. Bound by the State of New Jersey Statute Title 4, Chapter 22, Article 2, 22-17
I declare as a professional educator of horse and rider, whereas, Mr. Cesar Parra did with full disregard for the safety and well being of William PFF, choose ‘willfully, intentionally, and knowingly” to make a conscious and voluntary decision to disregard of the need to use reasonable care, Mr. Cesar Parra’s actions and lack of actions regarding the lunging accident and resulting injuries to William PFF do constitute professional gross negligence