| In Waco, Texas, a homeless cat was befriended by employees and patrons of Taco Cabana restaurant adjacent to Baylor University. They nicknamed him "Queso". To this community's horror Queso was viciously and cruelly bludgeoned, skinned and decapitated. Who could do something like this to an animal, let alone a homeless one? Two Baylor students, Clint Bowers and Derek Brehm, were initially arrested and charged with animal cruelty on March 9, 2001, when a search of Bowers' blood-smeared vehicle turned up a pellet gun, knife, golf club with cat hair on it and Queso's decapitated head. Both students were taken to the McLennan County Jail and released later that day on $2,000 bail each. After waiting for two months with no charges having been filed, a group of protesters gathered for a peaceful demonstration in front of the DA's office on Thursday, May 17th. After the protest was underway, backers learned that the McLennan County district attorney's office filed formal misdemeanor charges against Bowers and Brehm. Since Baylor has the authority to investigate student misconduct even in off-campus incidents, the university launched its own investigation of the case. Baylor spokesman Larry Brumley has said that the school took disciplinary action against the students. The university has not disclosed what actions it took because of federal privacy laws, Brumley has said. According to the university's student handbook, school officials could have imposed punishment ranging from a reprimand to expulsion. Baylor baseball coach Steve Smith has also disciplined the students. He suspended Brehm and Bowers from the team March 22 but reinstated them after eight games. Ironically, Baylor University prides itself on holding its students to high moral standards, barring them from activities such as drinking, gambling, and cohabitation of unmarried couples (but apparently not from killing animals). Yet so far, the University has disclosed only that they have given the students a mere 15-day suspension from the University's baseball team. Many fellow students and community members believe this light punishment contradicts the school's policy to remove students who harm or pose a risk to others. Brehm and Bowers have never expressed remorse for their cruel actions except to regret the inconvenience and negative publicity the case has brought on themselves and the University. And Baylor officials continue to insist that the students are only being targeted because of their status as athletes. I urge officials to look at the big picture here. These boys didn't *just* kill Queso (as if killing isn't enough) but they skinned him, decapitated him, and, in some demonic cult-like fashion, chose to keep his head as a "trophy". They show no remorse except for themselves; they lack compassion for even a poor homeless cat who was loved by his community. An arraignment date of June 6, 2001, has been set for both Brehm, 22, and Bowers, 20. The case will be heard in county court. Under Texas law, animal cruelty is a Class A misdemeanor. If convicted, the two students could face a punishment of up to one year in jail and a $4,000 fine. For those in the area and would like to lend a hand of support, please attend the hearing. By a showing of numbers, we can let it be known that justice for the crimes committed against Queso can not be compromised. The hearing will be held at: County Court At Law No. 2 Second Floor Judge: Michael B. Gassaway |
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| Queso |
| Wednesday, June 6, 2001 Arraignment was delayed by the two attorneys for the killers of Queso. Brehm was rescheduled to August 8th at 11:00 a.m. Bowers was rescheduled to August 30th at 9:00 a.m. |
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| Arraignment Dates |
| Original email: Kathy May 31, 2001 To: Head Baseball Coach Steve Smith Baylor University Subject: Clint Bowers & Derek Brehm It's amazing how hundreds of thousands of people can find out about something really bad happening when it's put on the internet. I am talking about the cat these 2 men tortured and killed. There have been enough studies showing the connection between animal abuse and further crimes against people. I am writing to ask why you have not taken this case seriously? There are thousands of people watching how you handle this case. You can stand up and let the country know this will not be tolerated on your campus. They need to be punished by more than just a 15 day suspension. Thank you, Kathy Response from Steve Smith: Date: 04 Jun 2001 14:53:54 -0500 From: Steve Smith <[email protected]>Subject: RE:Clint Bowers & Derek Brehm To: KathyX-Mailer: QuickMail Pro 1.5.4r2 (Windows32) Reply-To: Steve Smith [email protected] mailto:[email protected]> 5/31/01 5:08 PM RE:Clint Bowers & Derek Brehm Kathy, You are being used. You have no idea what has been done by these young men or to them, yet you will allow yourself to be manipulated by a group of self-serving "hate filled" individuals. If you think you are amazed at what you have heard, you should read the mail I have received. You have far more to be worried about than you think. By the way, I am the father of 6 and 8 year old little boys who spend countless hours around my players. Do you honestly think I would keep players around them that shouldn't be here? I do not condone what Clint and Derek did, but I condone the attitude and actions of those like you far less. May God help you as you continue to sit as judge and jury on His human creatures. Steve Smith |
| Email Correspondence to and from Steve Smith |
| This is an email sent to Mr. Steve Smith, the boys' baseball coach and his response. You may send your comments to Mr. Smith at: [email protected] |
| Two Baylor athletes plan not-guilty pleas in cat case 07/31/2001 By Kellie Gormly / Special Contributor to The Dallas Morning News WACO - Two Baylor University athletes accused of shooting, skinning and beheading a stray cat plan to plead not guilty to animal cruelty charges but are still hoping to reach plea bargains in the incident that triggered a public outcry, attorneys say. The killing and mutilation of the cat - nicknamed Queso by employees at the Taco Cabana where the incident occurred in a parking lot on March 9 - has angered animal-rights activists, Baylor students and alumni, and others who say the school has been lenient with the students. Baylor officials have defended their actions, saying Derek Brehm, a three-time All State pitcher, and outfielder Clint Bowers were suspended from the baseball team for 15 days and received additional sanctions from the university. It has been reported that baseball coach Steve Smith asked administrators to include professional counseling as part of any disciplinary action taken against the players, but school officials did not divulge details of the discipline, citing laws protecting student privacy. Mr. Brehm, 20, of San Antonio faces a pretrial hearing Aug. 8 in McLennan County Court, and Mr. Bowers, 22, from the Waco area, is scheduled for an Aug. 30 hearing. Each is charged with animal cruelty and if convicted could face up to one year in jail and up to $4,000 in fines. Crawford Long, the McLennan County district attorney in charge of the case, declined to speculate about the criminal case's outcome, saying "we handle cases in the courtroom and not outside of it." Had the crime been committed on or after a new law went into effect on Sept. 1, prosecutors could have sought state felony charges against the suspects, punishable by up to two years behind bars and a fine of up to $10,000. Both athletes offered public apologies for the incidents in April, but those apologies have been met with widespread skepticism. The two declined through their attorneys to comment. "If that would have happened anywhere else, they would have kicked those boys off the team for the season," said Jerry Layne, a Waco animal-rights activist. He and others say they believe Baylor was lenient because Mr. Brehm and Mr. Bowers are athletes in a Big 12 school that has been too focused on winning games. Larry Brumley, Baylor's associate vice president for external relations, defended the university's decision not to expel the baseball players. "It's unfortunate that some people have equated that with inaction," he said. As a Christian school, Baylor likes to take a redemptive approach with erring students as a benefit to both the students and society, he said. "Part of that is dealing with life's problems to help them [students] not make the same mistake again," Mr. Brumley said. "The university can have more influence over students ... by keeping them here." Rod Goble, Mr. Bowers' attorney, said that the cat's slaying was an isolated incident and that his client's overall character should be considered. "Clint is a very good kid," Mr. Goble said. "I have no concern about his character." Russ Hunt Sr., Mr. Brehm's attorney, would not discuss details of the case but said both men are likely to plead not guilty unless they can reach a plea bargain with prosecutors. Scott Stricklin, Baylor assistant athletic director for communications, said "it was a disappointing situation and we hope that some resolution can come about." He declined further comment. Coach Smith also declined to comment. Flood of letters On the night of the killing, Waco police responded to a report that someone had shot a cat and fled in a sport utility vehicle. Police stopped Mr. Bowers' vehicle and reported finding a severed, skinned cat's head in the back beneath some clothing. They also said they found a pellet gun, a knife and a golf club that appeared to have cat fur on it. Queso's killing triggered a torrent of e-mail and letters to Baylor officials, and letters to the editors of The Lariat campus newspaper and the Waco Tribune-Herald. "Baylor says that they stand for Christian things," said 28-year-old Mandolin Shannon, a senior at the university. "I think that this incident shows that sometimes the rules can be bent." Claire Ponder, manager for the First Strike campaign for the Humane Society, a branch of the organization that tries to raise awareness about the connection between animal abuse and violence toward people, said she is concerned because evidence shows that people who commit violent acts toward animals are more likely to do so against other people. She also noted that the Baptist school's code for student behavior allows for expulsion for many infractions, including committing a crime, premarital sex, homosexuality and lying. "They can be expelled for having premarital sex," said Ms. Ponder. "But they won't get expelled for killing and mutilating a cat." Mr. Brumley said that perception is mistaken. He said a student could eventually be expelled for such misconduct as a last resort. |
| Pre-trial hearing for BU athlete accused of killing cat may be delayed By CINDY VAN AUKEN/Tribune-Herald staff writer The pre-trial hearing for one of two Baylor University baseball players accused of killing and decapitating a cat may be delayed past next week. Pitcher Derek Brehm is scheduled to appear in the county court-at-law Wednesday. However, his attorney, Russ Hunt of Waco, filed a motion for a continuance Thursday. If granted, the motion will delay the hearing. Hunt said he filed the motion because he needs more time to gather all the information necessary for the case. County Judge David Hodges, who will preside over the hearing, did not take action on the motion Friday. However, Hunt said he is fairly confident the motion will be granted Monday or Tuesday. "That would just be normal procedure," Hunt said. Brehm plans to plead not guilty in the case, Hunt said. However, if a plea bargain were to be offered that involves probation instead of jail time, Hunt said his client would likely accept it. Outfielder Clint Bowers, the other accused player, is scheduled for an Aug. 30 court appearance. His lawyer, Waco attorney Rod Goble, could not be reached for comment Friday. If the cases go to trial, the players have the right to have them heard by a jury. However, they can waive that right and request that a judge make a determination. So far, the McLennan County District Attorney's Office has not offered either player a plea bargain, an agreement in which the players would plead guilty in exchange for leniency on their sentence. Assistant District Attorney Crawford Long, who is in charge of the cases, said he could not comment on the cases any further than that. Animal cruelty was a Class A misdemeanor at the time the cat was killed. If convicted, the players face a punishment of up to a year in jail and a $4,000 fine. Since that time, the Texas Legislature has passed a bill that makes animal cruelty a state jail felony on the first and second offenses. Punishment is jail time for 180 days to two years and a fine of up to $10,000. On the third offense, the charge becomes a third degree felony, which is punishable by two to 10 years in prison and up to a $10,000 fine. Brehm, 20, and Bowers, 22, were arrested March 9 on animal cruelty charges for the killing and decapitating of a cat known to some locals as Queso. Waco police have said the students' arrests came after officers responded to a report of a firearm discharge about 4 a.m. near Taco Cabana, 825 S. Sixth St. Once at the scene officers were told someone had shot a cat, put it in a sports utility vehicle and driven away. Employees said the cat, which they had named Queso, hung around the eatery looking for food and affection from customers. Shortly after responding to the call, officers stopped Bowers' Chevrolet Tahoe and saw what appeared to be blood on the door and steering wheel, police have said. While searching the truck, they found a severed, skinned cat's head in the back beneath some clothing. They also found a pellet gun, a knife and a golf club that appeared to have cat hair on it. Both students were taken to the McLennan County Jail and were released later that day on $2,000 bail each. In addition to legal consequences, the students have faced disciplinary action by Baylor, spokesman Larry Brumley has said. However, the school has refused to disclose what action it took, citing federal privacy laws. According to the student handbook, disciplinary action could have ranged from a reprimand to expulsion. Baylor baseball coach Steve Smith has also disciplined the students. He suspended both Brehm and Bowers from the team March 22, but reinstated them after eight games. The day the suspensions were lifted, both players read written statements expressing remorse for the negative impact the incident had had on their family, friends, Baylor and Waco. Baylor athletic officials said Friday that Brehm's and Bowers' status on the team have not changed. Brehm is receiving a scholarship for his role on the team, but Bowers is not. Bowers, who is from the Waco area, also played baseball at Robinson High School. He previously attended McLennan Community College and will be a senior at Baylor this fall. Brehm, who will be a junior this fall, is from San Antonio. As a student at San Antonio's East Central High School, he was a three-time All State pitcher, according to information on Baylor's sports Web site. Cindy Van Auken can be reached at [email protected] or at 757-5744. |
| Update: 8/3/2001 |
| Derek Brehm's pre-trial hearing of August 8, 2001, may be delayed. His attorney, Russ Hunt of Waco, filed a motion for a continuance Thursday, stating that he filed the motion because he needs more time to gather all the information necessary for the case. County Judge David Hodges, who will preside over the hearing, did not take action on the motion Friday. However, Hunt said he is fairly confident the motion will be granted Monday or Tuesday. Read the WacoTribune's story here and towards the bottom of this page. |
| Tribune Article 8/3/2001 |
| Please write letters to the following expressing your opinion that Clint Bowers and Derek Brehm need to be made accountable for the murder of Queso, an innocent defenseless cat. And, please copy your letters to [email protected]. Thank you. |
| Contact Information |
| John W. Segrest Criminal District Attorney McLennan County, Texas email: [email protected] Fax: 254-757-5021 Address: 219 N. 6th. St., Suite 200, Waco, TX, 76701 Mr. Crawford Long First Assistant McLennan County Criminal District Attorney Office of the Criminal District Attorney email: [email protected] Fax: 254-757-5021 Address: 219 N. 6th. St., Suite 200, Waco, TX,. 76701 Ms. Beth Toben Deputy First Assistant email: [email protected] Fax: 254-757-5021 Address: 219 N. 6th. St., Suite 200, Waco, TX, 76701 Chief Investigator for the Criminal District Attorney Mr. George Foster email: [email protected] Fax: 254-757-5021 219 N. 6th. St., Suite 200, Waco, TX, 76701 Letters to the Editor Waco Tribune-Herald Newspaper 300 words or less email: [email protected] Baylor University. Mr. Robert B. Sloan, Jr. President & CEO email: [email protected] Mr. Tom Stanton Director of Athletics Baylor U email: [email protected] Mr. Steve Smith Head Baseball Coach Baylor U [email protected] |
| Pretrial hearing postponed for BU athlete who allegedly killed cat By TOMMY WITHERSPOON/Tribune-Herald staff writer A pretrial hearing for one of two Baylor University baseball players accused of killing a stray cat has been postponed until next year. McLennan County Court-at-Law Judge Mike Gassaway had scheduled a pretrial hearing for today in Baylor pitcher Derek Brehm's misdemeanor animal cruelty case. However, Brehm's attorney, Russ Hunt, asked the judge last week to delay the court setting. The hearing was reset until January 9, 2002, a court spokeswoman said. Outfielder Clint Bowers, who is charged with Brehm, is set for an Aug. 30 court appearance. However, his attorney, Rod Goble, said that date also is likely to be postponed unless Brehm and Bowers work out a plea agreement with the McLennan County district attorney's office. Both Hunt and Goble said that their clients likely would accept a plea bargain if prosecutors offered deferred probation. In deferred cases, there is no final judgment of guilt and the case can be cleared from the records of defendants who successfully complete probation. "I am just afraid that the DA's office is getting so much flak from people who are not even living in Texas that they are going to capitulate and take this kid to trial and let a McLennan County jury decide," Hunt said. "I am just hopeful that we can work something out." Since the players' arrests on March 9 for killing and decapitating the cat, District Attorney John Segrest and Goble have been flooded with e-mails from animal lovers across the nation. Many of the messages cry out for "justice for Queso," which is the name that some employees at Taco Cabana reportedly gave the homeless cat who hung around the restaurant looking for food. Prosecutor Crawford Long said his office has made no offers to Brehm or Bowers. He declined additional comment on the cases Tuesday. Waco police arrested the two baseball players shortly after receiving a report of a gunshot near Taco Cabana, 825 S. Sixth St., about 4 a.m. Officers were told that someone shot a cat, put it in a sports utility vehicle and drove away. Not far away, police stopped Bowers' Chevrolet Tahoe and discovered what they thought was blood on the door and steering wheel. While searching the truck, police found a severed, skinned cat's head in the back. They also found a pellet gun, a knife and a golf club that appeared to have cat hair on it, police have said. Hunt said Tuesday that he disputes the contention that the players tortured the cat. "The cat was shot and it was skinned after it was dead," Hunt said. "They are alleging animal cruelty by torturing a cat. That is no more torture than if a deer hunter is out hunting and shoots a deer and it doesn't die instantly. Does that mean that he has tortured the deer? I don't think so." Both players have been disciplined by the university. However, university officials have declined to disclose what action was taken against the students. Baylor baseball coach Steve Smith suspended both players for eight games about two weeks after their arrests. Tommy Witherspoon can be reached at [email protected] or at 254-757-5737. Read the story on the Tribune-Herald's site. |
| The following is the contact information for Derek Brehm's and Clint Bowers' attorneys. You may want to contact them and voice your opinion of their attitudes once you read the article directly below the contact information. This article was published today, August 8, 2001, by the Tribune-Herald. Please pay *particular* attention to Mr. Hunt's comments. |
| Derek Brehm's Attorney: Russell D. Hunt Attorney at Law Post Office Box 726 425 Austin Avenue Suite 1202 Waco, TX 76703 Phone: 254-753-3738 Fax: 254-753-8118 Email: [email protected] Website: http://www.rhuntlaw.com/ Clint Bowers' Attorney: Rod Goble Attorney at Law 526 Austin Avenue Waco, TX 76701 Phone: 254-757-0070 Fax: 254-757-2033 Email: [email protected] |
| Sample Letter Below Written By Lynn Walker PTI Writer |
| July 31, 2001 By Email John W. Segrest, Esq. McLennan Count Criminal District Attorney Email: [email protected] Crawford Long, Esq. First Assistant McLennan Court Criminal District Attorney email: [email protected] Beth Toben, Esq. Deputy First Assistant McLennan Court Criminal District Attorney email: [email protected] Chief Investigator for the Criminal District Attorney George Foster, Esq. email: [email protected] Dear Mr. Segrest, Mr. Long, Ms. Toben and Mr. Foster: I urge you to prosecute Derek Brehm & Clint Bowers to the fullest extent of Texas laws pertaining to animal cruelty in connection with their killing of the cat that the customers called Queso at the Taco Cabana restaurant on March 9th. A cat - this time - who knows who - next time. Many young people abuse animals to start and humans eventually, as the enclosed attachment clearly shows. I ask you to not allow this incident to be trivialized simply because the victim was an animal this time. Sincerely, |
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| Apparently Queso is now a hot topic on the Baylor Sports Message Boards. If you think what you've read in the newspapers, etc. so far is unbelievable, read the comments found on three of the boards. Keep in mind that these comments are from students at a "Christian" School. The links to the three boards are above the comments. |
| Clint Bowers' hearing has been delayed until 1-9-2002 Also, on the front page of the Local Section of a Waco newspaper: "BU player to seek 2002 court date in cat killing" "Attorney says student accused of animal cruelty would accept deferred probation if offered...." Prosecutor Crawford Long said it has not been determined how the cases will be disposed of. Goble (attorney for Bowers) and Russ Hunt, the Waco attorney who represents Brehm, have said that their clients would accept a plea bargain if prosecutors would offer deferred probation. In deferred cases, there is no final judgment of guilt if defendants successfully complete probation. "We are handling this case the same way we would any other case," Long said. "When the court deems it proper for a setting, there will be a final resolution on it." |
| Update |
| Update September 17, 2001 In this morning's Waco Tribune Herald newspaper, sports section, page 2, ..article on: Derek Brehm. Charged with DWI, Bonded-out of jail / $1,000. and, at the time of the charge it was confirmed that he had an outstanding traffic warrant for $127.75 that was unpaid and they dismissed this fine for --- time-served. |
| Editorial By Brian M. Byrne |
| In the dark before the dawn of an early Spring morning, he was set upon by a nightmare of human depravity. The gossamer vessel that bore the spirit of our friend, Queso, was broken and torn. The light of Being sheltered within him, kindled by Our Creator's touch, was forever extinguished. The world grew darker in its absence. Like Christ, he died - innocent, yet still hopeful - believing the best of mankind while dying at the hands of the worst it has to offer. A short life - one that knew but the pain of birth; the pangs of hunger; the fear and despair born of placelessness and not belonging - was done. Never more to be. The villains hoped that night would conceal their deed. They believed that, if discovered, their heroes' status, tossed to the crowd like a bag of coins, would purchase freedom from consequence. But the light of Truth pursues them� We invite you, our visitors from around the United States and the world, to study the facts of Queso's life and death - and to walk with us the thorny path to Justice. Consider the act. Consider the evidence. Consider the defendants and their apologists. Consider the statements, attitudes and dismissive inaction of Baylor University President, Dr. Robert Sloan, Athletic Director Tom Stanton and Baseball Coach, Steve Smith. Sad examples of academia's capitulation to the cancerous growth of intercollegiate athletics. Consider the web of academic, professional and political ties that exist between the Waco and McClennan County legal systems and Baylor University. What is the potential for conflicts of interest? Ask why the case has not been turned over to an independent prosecutor or moved to a venue where the University exerts less local influence? Evaluate the questionable performance of the McClennan County District Attorney's Office in seeking timely indictments, vigorous prosecution and suitable punishment. Ask what underlies the inability to quickly and effectively prosecute a case where the defendants were caught red-handed with the victim's body in their vehicle. Ask why the prosecutor and judge agreed to a five month delay in the first defendant's trial date without notable protest. Watch with us, as we anticipate the postponement of the second defendant's trial. (Since granted!) Stand vigil with us - until January of 2002 - to see if evidence is accidentally misplaced or witnesses' memories fade. What will be the effect on the legal system if laws are enforced and prosecuted selectively - based on personal affiliations and academic cronyism? Each of us, the Friends of Queso, in our hearts and in our minds - gathered together of moral necessity and driven by conscience - have made our own personal commitment to shine the light of truth into the darkness of that early Spring morning. Our hands will not waver nor our arms grow tired from the weight of the flame. We will not permit this life to pass unmourned. We will not cast down our eyes in the face of Evil. We will not be silenced - neither by threats of violence nor the passage of time. This crime shall not go unpunished! We ask you to judge for yourself. Then, in your heart, with your own voice ... demand Justice for Queso! |
| The Light That Shines in the Darkness |
| Derek Brehm ARRESTED AGAIN, this time for DWI, and has been KICKED OFF THE TEAM!! See Article Below the Two Updates to Follow |
| Both Clint Bowers' and Derek Brehm's hearings have been postponed until January 9, 2002. |
| BU pitcher off team after DWI By JOHN WERNER Tribune-Herald staff writer Derek Brehm has been dismissed from the Baylor baseball team after his arrest in Waco early Saturday morning on charges of driving while intoxicated. The DWI charge was the second arrest for Brehm in Waco this year. On March 9, Brehm and Baylor teammate Clint Bowers were arrested on animal cruelty charges after allegedly shooting and decapitating a cat. "I regret having to dismiss Derek from our program," said Baylor coach Steve Smith, who made the announcement Tuesday. "But considering his conduct over the past year and his most recent incident, I believe this is the correct response. "In the past, we've suspended him and reduced his scholarship," Smith said. "The only thing left was to dismiss him from the program. Unfortunately, he's having to incur a huge dose of what it means to be a college athlete and the responsibility it takes." Brehm, a 20-year-old junior pitcher from San Antonio, was released from McLennan County Jail at noon Saturday after posting a $1,000 bond. He also was charged with an outstanding traffic warrant for an unpaid speeding ticket, but the $127.75 fine was waived for time served. Smith said that he didn't know whether Brehm would continue to attend Baylor or try to play baseball for another college. Neither Brehm nor his attorney, Russ Hunt Sr., could be reached for comment Tuesday. "My conversation with Derek took less than five minutes," Smith said. "All he said was, 'I'm sorry. I know I hurt you and the program.' " Smith suspended Brehm and Bowers for eight games last spring after the March 9 arrest for killing and decapitating a stray cat named Queso in Waco. The alleged cat killing has drawn outrage from animal rights activists across the country. Brehm faces a Jan. 9 pretrial hearing for the cat killing charge. Brehm started last season as one of Baylor's top three starting pitchers. However, the left-hander suffered a shoulder injury in February and was out for two months before pitching again in April. Brehm struggled in his return, finishing 0-2 with an 8.31 ERA in 12 pitching appearances. John Werner can be reached at [email protected] or at 757-5716. |
| Source |
| Update September 19, 2001 In this morning's Waco Tribune online, sports section, there was an article on: Derek Brehm being kicked off the baseball team at Baylor. |
| It is important that we continue to put the pressure on by writing letters and keeping poor little Queso in the public eye. We need to let it be known that PLEA BARGAINS ARE UNACCEPTABLE. Queso will NOT be forgotten. We must continue to insist upon and pursue JUSTICE FOR QUESO. |
| For information on what else you can do to help, please visit Queso's website: Justice for Queso |
| EVEN SAD STORIES CAN HAVE HAPPY ENDINGS. On a cold March night, a hungry stray cat, nicknamed Queso, was cruelly killed and mutilated. His biggest mistake was trusting the wrong people. When Queso's story was picked up by the national news media, many in our country were shocked by this senseless act of cruelty against such a small, pitiful and helpless creature. Sadly, in the last year along, more than 20,000 hungry, homeless animals like Queso reached the WACO HUMANE SOCIETY / ANIMAL SHELTER. Only 15% of those were fortunate enough to find homes. The rest were not so lucky. Because of Queso, the nation's focus in on Waco and its citizens. Today, however, we have the power to write a happy ending to Queso's sad story. The WACO HUMANE SOCIETY and ANIMAL SHELTER is in desperate need of funds for programs to house and care for homeless animals. By supporting the society's Queso Fund, we can help thousands of animals and let the sad plight of Queso be remembered as a bright beginning for our city, our families and our pets. Please make your tax-deductible checks payable to the WACO HUMANE SOCIETY and mail to The Queso Fund, 2032 Circle Road, Waco, Texas 76706. Donations by credit card can be made by phone at 254-754-1454 or online at www.HumaneWaco.org On the page is a black silhouette of a cat with a halo above. |
| The Waco Tribune-Herald published the following in the November 21st edition of Waco Today, a 100+-page supplement to the paper, and sent it out with the newspaper (circulation-100,000). This was a full-page writeup on page 33. |
| What a wonderful tribute to poor Queso whose life ended in such a tragic manner. Queso's death has opened the door for many other innocent animals to receive the help they so desperately need. If anyone would like to write the Editor of the Tribune-Herald to express thanks for this wonderful gesture of support, you can email the Editor at [email protected] and please, if you would, copy your letters to [email protected] |
| Good News! |
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| A Night In The Life of Queso As I Imagine It by Jamie J. Knight November, 2001 |
| Queso left the parking lot of the Taco Cabana with a full tummy. His friends had given him some food and affection; they had patted his head and scratched under his chin. But, then they left, and now Queso was alone. Queso padded down the quiet dark street Past the houses with their warm yellow windows. He noticed that, in some of the windows, cats were sitting, comfortable and warm. "Why can't that be me?", Queso wondered. A pang of loneliness struck him in his heart and soul. And he was very sad. Queso made his way to the woods at the edge of the field to find a safe place to sleep for the night. He wished he could have gone with his friends at the Taco Cabana. But none of them took him. They just got in their cars and drove away. Queso knew that he would see them again And be petted and fed for a short while. And he was comforted. If only he could get through the cold dark night. Queso turned a couple of times and settled down into a pile of leaves. He put his little head down and sighed. And then he drifted off to sleep. |
| January 10, 2002 Hearing held for men accused of killing cat; one shows up By TOMMY WITHERSPOON Tribune-Herald staff writer The legal problems of former Baylor University baseball player Derek Brehm worsened Wednesday when he failed to show up for a pretrial hearing in his misdemeanor animal cruelty case. Brehm and former Baylor reserve outfielder Clint Bowers are charged in a March 9 incident in which they reportedly shot, decapitated and skinned a stray cat near the Baylor campus. McLennan County Court-at-law Judge Mike Gassaway set an April 1 trial date for Bowers, who made a brief appearance in court flanked by his mother, father and older brother. The judge revoked Brehm's bond and issued a warrant for his arrest for failing to appear in court. He surrendered about 3:30 p.m. at the county jail and was released soon afterward on a $2,000 bond set by Gassaway. Another pretrial hearing for Brehm, who was in San Antonio on Wednesday morning, will be scheduled for later this month, a court spokeswoman said. No additional charges were filed against him for missing the hearing. Brehm's attorney, Russ Hunt, said Brehm told him he missed the hearing because he claims he was not notified that it had been set. Hunt said earlier Wednesday that Brehm was aware of the court date. A handful of representatives from various animal rights and animal rescue organizations, who have propelled the abuse case onto the national stage by waging a full-scale multi-media campaign, were present for the hearing. The groups have picketed the courthouse, called on Baylor officials to expel the students, pressured the McLennan County district attorney's office to prosecute the case fully and have established fund-raising efforts in memory of the stray cat, known to some restaurant employees as Queso. Bowers, 22, declined comment as he left the courthouse. His attorney, Rod Goble, said he remains hopeful that the district attorney's office will extend a reasonable plea offer so the case can be resolved without trial. Goble said he is concerned that the publicity surrounding the case and the outside influences from the animal rights groups will prevent Bowers from being judged fairly. "This is a case where I'm afraid people are making judgments without knowing Clint personally," Goble said. "You should know his background, his character, as well as the facts of the offense. I am concerned that he won't be judged individually, because I have gotten to know him over the last year and I know his character. It is all positive. He would be welcome in my house any time with my children." Bowers, who was not on an athletic scholarship at Baylor, voluntarily left the team after the past season, Goble said. Brehm, 20, was kicked off the team after he was arrested in September on drunken-driving charges, which remain pending. Hunt said Brehm, a sophomore pitcher from San Antonio, moved back home and has withdrawn from Baylor. Prosecutor Crawford Long, who is handling the case with prosecutor Melanie Walker, declined comment after the pretrial hearing. Baylor officials imposed undisclosed sanctions against the pair and Baylor baseball coach Steve Smith suspended them for eight games two weeks after their arrests. Brehm and Bowers, a junior from Robinson, were arrested after officers responded to a report that a gun was fired about 4 a.m. near Taco Cabana, 825 S. Sixth St. Officers were told that someone shot a cat, put it in a sport utility vehicle and drove away, Waco police said. The cat, which employees dubbed Queso, hung around the restaurant in search of food and kindness, police have said. Officers stopped Bowers' Chevrolet Tahoe and saw what appeared to be blood on the door and steering wheel, according to police reports. Police found a severed, skinned cat's head in the back of the truck beneath some clothing, along with a pellet gun, a knife and a golf club that appeared to have cat hair on it. Kathie Robnett, president of the animal rescue group Fuzzy Friends, attended Wednesday's hearing. She said she is pleased that the district attorney's office is pressing for the pair to be brought to trial. "I am glad they didn't plea bargain it out," she said. "We want people to know that the citizens of McLennan County are not going to stand for this kind of behavior." Tommy Witherspoon can be reached at [email protected] or at 757-5737. |
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| UPDATE |
| There is good news to share with you regarding the results of the January 9, 2002, hearing. Clint Bowers goes to trial on April 1, 2002! But, we're going to have to wait a little bit longer before we find out what happens with Derek Brehm, because he misunderstood the time of his hearing and was not present. His hearing will be rescheduled some time during the week of January 14, 2002. The courtroom was packed, and all three television stations and the newspaper were represented, so there was excellent media coverage, and everybody understood and understands that this is a serious case. |
| UPDATE |
| Jury acquits ex-Baylor baseball player in cat killing; charges dismissed vs. 2nd player By TOMMY WITHERSPOON Tribune-Herald staff writer A McLennan County jury acquitted former Baylor University baseball player Derek Brehm of misdemeanor animal cruelty charges Tuesday in the shooting and decapitation of the stray cat called Queso. Brehm flashed a big smile in the courtroom for the first time during the two-day trial and hugged his family and friends after the verdict was read. The county court-at-law jury deliberated 55 minutes before clearing Brehm in the March 9, 2001, incident in which he and former Baylor outfielder Clint Bowers were arrested in Brehm's vehicle with a severed, skinned cat's head, a pellet gun, a knife and a golf club with blood and cat hair on it. After Brehm's acquittal, prosecutor Crawford Long dismissed the animal cruelty charge against Bowers. "The reason I dismissed the charge is that the co-defendant was found not guilty by a jury and our evidence is almost identical on Bowers that was presented on Brehm except for the fact that on some elements, perhaps Brehm's evidence might be a little stronger even," Long said. Brehm, who since has transferred to the University of Texas at Arlington, testified Tuesday that Bowers shot the cat on the patio of Taco Cabana about 4 a.m. He said he grabbed the cat, which he said was dead, drove a few blocks and he and Bowers both hit it with a 9-iron to make doubly sure it was dead. After that, Brehm told the jury, he skinned the head and then cut the head off with a knife so he could bleach the skull and keep it like some of his cousins have done to the heads of coyotes, bobcats and deer. After the players were arrested, the case drew nationwide attention, and animal rights groups and animal lovers wrote to District Attorney John Segrest asking that both men be prosecuted to the fullest extent of the law. Brehm said after his acquittal that he is relieved to have the case behind him. He said he regrets his actions, but insisted that animal rights activists have "blown this all out of proportion," forcing him to go to trial when he was willing to plead guilty for a probated sentence. The jury of three men and three women was instructed that to convict Brehm, the state had to prove that he either tortured the cat or killed an animal that belonged to someone without that person's consent. The definition of animal as defined in the penal code and given to the jury Tuesday by Judge Mike Gassaway is a "domesticated living creature and wild living creature previously captured. Animal does not include an uncaptured wild creature or a wild creature whose capture was accomplished by conduct at issue under this section." "We did our duty. That's all I can tell you," the presiding juror said as she left the courthouse. Two other jurors declined to discuss the verdict. Brehm's attorney, Russ Hunt, told jurors that the cat was a stray "feral" or wild cat, was not owned by anyone and was not tortured because it was dead after Bowers shot it with the pellet gun. Prosecutors Long and Melanie Walker alleged that Teresa Jones, the night manager at Taco Cabana, owned the cat or at least had a "greater right to possession" of the cat than Brehm. Jones told jurors Monday that she named the cat Queso because of its fondness for spicy cheese sauce. She said she fed the cat for several months and had befriended it and another black and white cat that hung around the restaurant that she called Taco. She testified Monday that the cat was not dead when Brehm snatched it from the patio, saying she heard it "crying" as Brehm took it away. Hunt said he thinks Brehm was acquitted because the jury realized that the animal cruelty law was not written to pertain to wild animals. If it did, Hunt said it would be "open season" on deer hunters because people could claim that they loved the deer that had been killed and the hunter would be arrested. "I don't feel that Derek should have ever been prosecuted because the statute obviously didn't fit the circumstances of this case," Hunt said. Brehm testified Tuesday that he grew up on a farm in San Antonio, where he had lots of pets, including 13 or 14 cats and two dogs. "I've always loved pets," Brehm said. "I would never shoot anybody's pet and I would never, ever torture an animal. Cats sleep in my bed at home with me all the time." Brehm said he draws a distinction between domesticated pets and feral cats, which frequently attacked his cats at home and infected them with diseases. Brehm testified that he performed 50 hours of community service at the Waco Animal Shelter and lost his scholarship as part of his punishment from Baylor after his arrest. Kathy Robnett, president and co-director of Fuzzy Friends Rescue, an animal shelter in Waco, said she is sickened by the verdict. "I find it hard to believe that this has happened," she said. "I think the jury has done a terrific disservice to that boy. He needs to be made to make some form of reparation, at least in the form of counseling. It is frightening that this 'boys-will-be-boys' attitude has been so prevalent in this case, especially in light of the research that has been done proving links between animal cruelty and future violence against humans. "I think it is sending a message loud and clear to come on to Waco and do whatever you want to animals. Come on down," she said. Bowers, who is from Robinson, is still a student at Baylor, although he is no longer on the baseball team. His attorney, Rod Goble, said Bowers and his family are "extremely happy with the results." "Based on the jury's decision today, I think the action taken by the district attorney's office was appropriate and the proper thing to do," Goble said of the dismissal of charges against Bowers. Long said he presented the best case he could to the jury. "That was everything we had. They heard the evidence, they heard our arguments and they decided that, under the evidence, the defendant was not guilty," Long said. "There wasn't anything else we could do. It was their decision to make and they made it. We accept the jury's decision." Tommy Witherspoon can be reached at [email protected] or at 757-5737. |
| Source: Waco Tribune-Herald |
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