A 26-year-old Fabens woman is facing an animal-cruelty charge after county animal-welfare deputies pulled a severely underweight pug from her home during a welfare check. Deputies say the owner told investigators she hoped the dog would “just pass away already,” and detectives later secured a warrant for her arrest. The dog, a 6-year-old pug named Toby, was rushed to a veterinarian for treatment.
Welfare check, rescue and arrest
El Paso County Animal Welfare officers responded to the 100 block of NW 2nd Street in Fabens on June 17 after PAWsitive Rescue reported a dog in distress, according to KVIA. When deputies checked on the animal, they found Toby underweight and in obvious need of immediate care. Veterinary records later showed he weighed roughly half of what an adult male pug should.
Detectives identified the dog’s owner as Kimberly America Frescas. She told investigators Toby had been sick for more than two weeks and had not been taken for proper veterinary care, and she allegedly said she wanted the dog to “just pass away already.” Deputies obtained a warrant and arrested Frescas, who was booked into the El Paso County Detention Facility on a $4,000 bond, KVIA reports. Animal-welfare officers removed Toby from the home and sent him for medical treatment.
Part of a string of Borderland welfare checks
Officials and local rescue groups say Toby’s case is one of several recent welfare checks across the Borderland where neighbor tips have triggered investigations, animal seizures, and cruelty charges. In mid-June, a welfare check in far East El Paso led deputies to seize dozens of animals from a property and seek multiple cruelty warrants, as reported in Hoodline coverage of the far East El Paso raid.
What the law says
Under Texas law, it is a crime to fail to provide “necessary food, water, care, or shelter” to animals, with penalties that can range from misdemeanors to felonies depending on what investigators find and how badly an animal is harmed. The statute and its definitions are detailed in Texas Penal Code § 42.092. Prosecutors decide how to charge a case based on evidence gathered during welfare checks and veterinary examinations.
How to report suspected neglect
Authorities say many of these cases start with someone speaking up. Local officials and animal advocates urge residents to report suspected neglect or cruelty through 311, or call 911 if an animal appears to be in immediate danger. People can also contact county law enforcement or animal services hotlines so officers can check on animals and get them treated. Residents can find local contact information and resources on the El Paso County site and in recent coverage of local cruelty investigations, as per Hoodline.
Prosecutors will review the case file before deciding whether to formally charge Frescas in county court. Toby remains in veterinary care while the investigation continues.
