At approximately 7 pm February 21, 2009, James Buchanan was bitten on the arm by a Barbary Lion at the Prairie Cat Animal Refuge and was airlifted to Denver from Colby, Kansas, for surgery on the arm.

The following attached affidavit and testimony was given to Sheriff Rod Taylor and the Thomas County Sheriff Department as to what actually took place, before and after. This will help you understand what actually happened.

James Buchanan and wife were staying at a homeless shelter a few blocks from where the lions were being kept.  The American Trail Foundation and the Director Jeffrey Harsh provide this shelter.  The Web site for the animal shelter is www.theamericantrail.org

The following is a simple history and info on the American Trail Foundation and Prairie Cat Animal Refuge, which have been operating quietly for many years.

 

 

“Yes, we have been licensed both by the state of Kansas and by the Federal Government,” Harsh told the reporters.  “Our present housing was approved.  The local Fish and Game agreed to quit suing the Refuge, if I would give up my cougars, which are indigenes to Kansas.  We agreed.  Yet they rescinded our license and any legal control over our lions and tigers.”

 

“We no longer needed the USDA licensing, if the animals were considered personal pets.  So we dropped our licensing and the cost therein.  Now Kansas legislated new laws and restrictions which according to Sheriff Rod Taylor, even the Zoos are having a hard time conforming to.”

 

 

 

Mission and purpose of the American Trail Foundation ~~~

The mission of the American Trail Foundation is to create a short grass prairie reserve network that enables native plant and animal communities to naturally thrive, with minimal human intervention.  Our organization is working to protect the most ecologically important lands and waters around the world for nature and for people.

 

Mission and purpose of the Prairie Cat Animal Refuge ~~~

          The mission and purpose of the Prairie Cat Animal Refuge is to help and maintain Barbary Lions, which are nearing extinction.  There are approximately 50 left in the world.  The last one in the wild was killed in Morocco in 1921.

A few were left in captivity in Europe and some made their way into the United States.  Some have been reported as long as 17 feet.  Of the ones we have, the longest is 11 feet.  They were the lions that fought the gladiators, ate the Christians in the Roman Empire, and pulled Egyptian chariots.  They are also the Lion that was symbolic throughout the Bible.  Most American Zoos believe they are extinct.  Our refuge has one male and two females.  The male has not reproduced. ( Perhaps viagra would help.)

The lions have been most effective in our mission and purpose in helping supply food for the food banks.  People love animals.  In Las Vegas there is a saying: “Never follow an animal act.”  In other words, the animal act will always capture the show and anything that follows will look weak.  In the process of finding meat for the animals, we sometimes have an excess of good quality frozen meat almost out of date.  Over the years we have helped twelve food Banks in Denver with some 500,000 pounds of meat for the elderly who are on fixed incomes and cannot afford meat.  See attached letter from food bank confirming this information.

The American Trail also has a program that is a local Kansas one, that of providing housing for stranded/homeless families. The Free Breakfast Inn has three rooms set aside for this purpose.  Shirley Sheridan is the owner/manager who also offers some if them the opportunity to work for money and food, until a job is found.  James Buchanan, the man who got bit by the Lion, was one of those persons.

The director Jeffrey Harsh of the American Trail also has his office their since the Animal Refuge is just a few short blocks from the Free Breakfast Inn.  The biggest problem the animal refuge has had over the years is county and state employees who use the animals to gain publicity and name recognition for their future political careers. They like to leak horror stories like: the animals are not being feed or watered, they are locked in hot cars without any place to live, and the list goes on.

All of them have been proven wrong.  But the retraction for the front-page news is now on the back page.  The local Game Warden Benny Young brought 7 lawsuits against the animal refuge in one year alone.  Jeffrey Harsh was ticketed and fined by game warden Hopper, for presenting as evidence into Sherman County Court a one two-day-old dead cougar as defense.  All 7 lawsuits were dismissed as judicial harassment by the County Attorney Laurence A. Taylor. 

Part of the bad blood between Prairie Cat Animal Refuge and Kansas Wildlife stems from when Director Jeffrey Harsh attempted to release testimony that Colby Kansas resident Benny Young and associates of the Kansas Fish and Game had turned loose the skin disease mange in the nests of western Kansas Coyotes as a populating control measure.  Harsh claims it is working, because their fur is falling out and the animals are freezing to death.

More information and pictures about Prairie Cat Animal Refuge can be found on www.americantrail.org

For future questions contact Jeffrey Harsh, 785 672-5503.

 

 ____________

Testimony to Sheriff Rod Taylor

 

As to your five hours of investigating today February 22, of 09, here at the Prairie Cat Animal Refuge, I would like to confirm my testimony in writing concerning James Buchanan and some previous facts, which need to be documented.

That on Nov. 27, 2008, at approximately 10.30 AM, two Colby Sheriffs came to the Free Breakfast Inn for the purpose of arresting one James Buchanan for taking a car belonging to Rumback of Goodland, Kansas.  I then gave testimony to the arresting officer. 

That the previous night at approximately 3 am, I was conducting a light night security check on the grounds of the Free Breakfast Inn.  (This is one of my duties to help pay for my living quarters and utilities.)  Upon my rounds, I discovered James Buchanan slumped over the steering wheel with the windows up and the engine running.  I then opened the door and dragged James Buchanan out of the car, which was filled with fumes from the car.

Upon reviving James Buchanan I helped him back to his room, # 29.

I impressed to the officers the following day that the man they are arresting needs to have a psychological evaluation and placed into rehab for his own protection.  James Buchanan was released from jail on personal bond.

That while living with his common law wife, he again became very intoxicated on two different occasions.  Both times I listened to James Buchanan, as he said over and over and over, that he did not want to live and wanted to kill himself.

That on or about Feb. 17, 2009, I called Under Sheriff Finney and asked him if there was a plan or program which the State or County could place James Buchanan into for his own protection and for the purpose of alcohol addiction.

That about a week ago I called the County Attorney, and explained to Bruce Flipse my concern for James Buchanan, and requested that when James Buchanan went before the court on criminal charges for auto theft, that part of his sentencing would be to be ordered by the Court to be committed to rehab for thirty to sixty days.

That on or about February 19, 2009, James Buchanan was found wandering in a field some 14 miles north of I-70 by a deputy from the Thomas County Sheriff department.  James Buchanan had no memory of how he had gotten there.  The last he could remember was he was in downtown Oakley.

On the 21 day of February at about 7 pm I loaded meat up in the back of my Eclipse and drove down to the animal refuge.  I opened the trunk, and then I heard screaming.  I then saw that the perimeter fence door was open and I rushed inside.  I then observed James Buchanan with his arm placed over the door which is a space of 5 inches by two and half feet. (Approximately)  I rushed up to find the female lion lady with James Buchanan’s arm in its mouth.  I then began to beat the animal with a steel pipe until the animal released the arm of James Buchanan.  I then loaded James into my car and the rest is will documented by your investigation.

It is my belief that James was subconsciously trying to commit suicide.  He was highly intoxicated and reverts to this state when intoxicated.

I have a doctor’s degree in counseling and feel qualified to give this evaluation and statement concerning James.

The information given in this testimony is true and correct to the best of my memory.

 

_______________________

Jeffrey Harsh

2-22-09

 

 How PETA finally destroyed our refuge after 12 years of fighting the system.

_______

 

 

 

This release is in response to the Colby Free Press interview with PETA who for over a year now has been trying to close down the animal refuge in Western Kansas. Saturday, February 21, 2009, an intoxicated man and his wife got into the perimeter fence of the refuge and the man was severely bitten when he tried to pet the lion through the bars of the interior cage.

 

“PETA has been a wonderful organization in preserving the rights of animals, just as Martin Luther King has been for preserving the rights of African Americans," said Jeffrey Harsh, director of Prairie Cat Animal Refuge and the American Trail Foundation of Western Kansas.  “However time changes things.  There is an old saying I should never forget, about people like us who want to change the world.  We are either an answer to the problem or we are part of the problem.”  Harsh now believes PETA is part of the problem.

 

“Having a large staff and expenses, they need a cause for fund raising, and we are it." Harsh commented.  In the1860’s the Irish came to American during the potato famine in Ireland.  It was the ‘already established Irish’ who fought against the new Irish arrivals.”

 

 

“Yes, we have been licensed both by the state of Kansas and by the Federal Government,” Harsh told the reporters.  “Our present housing was approved.  The local Fish and Game agreed to quit suing the Refuge, if I would give up my cougars, which are indigenes to Kansas.  We agreed.  Yet they rescinded our license and any legal control over our lions and tigers.”

 

“We no longer needed the USDA licensing, if the animals were considered personal pets.  So we dropped our licensing and the cost therein.  Now Kansas legislated new laws and restrictions which according to Sheriff Rod Taylor, even the Zoos are having a hard time conforming to.”

 

 

Harsh has kept the lions and tigers hidden among all the building materials, tractors, and other junk, on the animal refuge property, hoping to keep a low profile long enough to work with a program which has been going on for several years to relocate Barbary lions back into Morocco.  Around a hundred and fifty thousand acres have been set-aside for this purpose in Morocco. Oxford University was working on for DNA testing, and has been spearheading the project until they say they have run out of designated funds for the project.  However the cat is out of the bag since PETA has entered the picture.

 

But the real problem seems to be from those behind the scenes, pulling the strings with political influence and clout.  They seize the opportunity to get elected to the state house or some green animal organization wanting to use the refuge in order to raise large amounts of funds.  They do this by setting themselves up as the savior and protector of animals, using the media.  They will claim the animals are being starved, beaten, locked in cars with the windows up, and the list goes on.

In Las Vegas, smart performers know never to follow an animal act.  The animals will always upstage them.  False animal information many times makes six o’clock news but the retractions, if any, make the last page. 

 

Let a person break a leg or get killed falling off a horse and it just makes the obituary.  But let a lion or tiger bite someone, and the animal rights groups start lobbying state legislatures.  PETA told the Colby Free Press that the “accredited captive tiger facilities are full” in the US.

 

Well over a thousand were just kicked out of Texas alone. The high budget lobby groups hit Kansas after someone got bitten in eastern Kansas.  They passed a bunch of laws, like many other states, making it financially devastating to these ma and paw animal refuges.  Harsh said that using the constitution in court, he has fought the Kansas new laws for several years.  “As far as I know, I am the only one left standing.  If we had had to hire a legal counsel, the cost would have been over $200,000.00.

 

 

“Americans love animals and are trying to preserve the big cats from extinction.  Those who are using them for fund raising are hailing the ma and paw refuges as roadside quack sideshows and off the wall menaces in the local community.  And it is working.  These small refuges are consistently closing down for fear of fines and felony charges.”

 

90% of tigers kept in America were not in zoos but in private refuges that were preventing extinction of the Siberian tiger.  Harsh said he personally knew grandparents who used their social security check to buy meat for their animals.  There have been more Siberian tigers in the US than in Siberia, because of mass pouching in the wild.

According the History Channel, one man prevented the extinction of the Buffalo by starting a buffalo refuge in the 1900s.

 

According to the Colby Press interview with PETA representative Lisa Wathne, “All accredited captive tiger facilities are full.  In fact, the United States has an overabundance of captive tigers and the two in Oakley may have to be killed if no home can be found.”

 

Yet months before, PETA Zoo specialist admitted on video that the lions and tigers in Western Kansas appeared healthy.  Harsh said that, according to their actions, PETA, a popular Animal-rights group for the ethical treatment of Animals, is now part of the problem rather than the answer.

PETA’s lobbying efforts have caused the enactment of new state laws which have driven well over a thousand tigers from their homes.

These animals have ended up being killed or sent to an animal auction. This is just the tip of the iceberg.

Jonathan Lasek had an animal education program which went into over 300 schools and colleges. He closed his act down because of PeTa threats to poison his animals. (Reference 802 236-2255)

In 1989 Bobby Berosini was having an orangutan show at the Stardust Hotel in Las Vegas.

A PeTa representative went back stage before the show and started shouting, imitating animal noises and even waving torches that were to be used in the act.

The purpose was to cause an accident and close down the act,a purpose  which they accomplished.

Berosini sued PeTa and got a unanimous seven-figure judgment. The Supreme Court later overturned it.

www.pathwai.org/entertainment/Berosini.htm

 

Harsh said  that he will fight in the courts to prevent his two tigers from being put down or sent to  exotic animal auctions which are advertised in animal finder’s guides.  The auction buyers, most likely, are owners of shooting farms which charge the shooter $5000.00, more or less, to shoot the tiger.  This is the same tiger that began as someone’s pet, wanting to be patted on the head in the same way that their previous owners patted them.  (www.theamericantrail.org).  The hides are then worth more than what was charged for killing the animal itself.

 

Teddy Roosevelt was taken to one of those shooting farms and handed a gun to shoot a bear tied to a tree.  He refused, exclaiming, “That is not sportsmanship.”  The teddy bear was then named after Teddy Roosevelt,  after the incident.

 

 

Before the new county attorney and the new sheriff took over in January, there was a court trial which took place on the golf course.

It was between the Judge, the county attorney and the Sheriff who had worked for some time to close down the refuge.

The County attorney gave Jeffrey Harsh notice that the sheriff has confiscated the lions and tigers at the refuge and

was going to have them put away.

However a notice was given to Jeffrey Harsh that if he wants due process under the constitution, he must sign this notice and the trial will take place in five days.

This is the legal reponse with which Jeffrey Harsh motioned the Count regarding their kangaroo-court trap they had prepared.

IN THE DISTRICT COURT OF THOMAS COUNTY, KS

 

 

The State of Kansas

Plaintiff

 

                                                                                         08 CR 249

Jeffrey J. Harsh

Defendant

 

 

MOTION TO DISMISS

 

 

        Comes now the defendant acting as his own legal defense, requesting this court to dismiss this action on the grounds that this count has acted outside of it’s judicial capacity, laid down by the Kansas legislature, KSA 20-302b.

 

F ACTS

 

1.     On November 25 of 2008 this court made a ruling; “ORDER DISMISSING DEFENDANT’S REQUEST”

 

a.      This court made a ruling to dismiss defendant’s 

Request. Then, in this court, it contradicts its jurisdiction for ruling on defendant’s motion, in A, by the following written statement.

 

b.     . “ According to KSA 20-302b, a Magistrate lacks     jurisdiction or cognizance in granting Injunctions and restraining orders.”

 

c.     The court error in that of “order dismissing defendant’s request.”  If the Magistrate believed that he lacked jurisdiction, why the court order dismissing defendant’s request?

 

2.                 This case is also improperly filed.  The case No  CR 249  is a criminal case number.  This court does not have the authority or the Subject Matter Jurisdiction of trial of this case.

       

a.      According to KSA 20-302b. (a) This court has jurisdiction “to conduct the trial of traffic infractions or misdemeanor charges and the PRELIMINARY

EXAMINATION OF FELONY CHARGES. “

It does not have the subject matter jurisdiction for trial of this case.

                  

3.     On October 24 of 2008 a First Appearance journal Entry was approved and signed by this court.

 

a.      No. five of the journal entry states. “that he/she may call witnesses to testify or his/her behalf and examine the witnesses that are called to testify against him/her.”

b.     If the courts proceed without allowing the defendant to have full discovery, then the court is acting outside of the statutes by forcing the defendant into a trial.

 

c.     That defendant, according to KSA 90-236, deposed

                                    ten of the plaintiff’s witnesses with interrogatories.

      Not one of the ten plaintiff’s witnesses answered the

     Defendant’s interrogatories. ( see A.    )

 

d.     Then again on 11/29/2008, the defendant deposed Sheriff Mike Baughn and  Scott Carter of the Detroit Zoo.  Neither Sheriff Mike Baughn nor Scott Carter has answered defendant’s interrogatories.

 

        This court does not have the jurisdiction to enforce the deponents to answer discovery.  In not doing so, it lacks Subject Matter Jurisdiction for not being able to give the defendant due process under the State of Kansas Constitution.

 

4.     On October 24 of 2008 this court, no. 9, approved a First Appearance journal Entry.

 

                        “That he/she has the right to a preliminary hearing.”

                          This court has not granted a preliminary hearing to the

                          Defendant, and yet the prosecution is asking this court, to go

                         into trial December 17, 2008.

 

 

 

 

5.     This case is an action of sounding in tort. The discrepancy stems from Sheriff Mike Baughn stating in a pervious conversation with defendant who was recorded on videotape.  In the conversation Mike Baughn said, “that he would not try to take any lions, tigers without due process.”  This was captured on videotape.

On December 10, 2008 at 4:00 pm Mike Baughn, placed a  seizure on animal compound at 499 us 83. These are questions in Tort that the district court needs to rule on, if and when the defendant countersues

 

 *  Did Mike Baughn deprive the defendant of his

     constitutional rights of due process?

·        Has Mike Baughn violated his oath of office to uphold the State of Kansas constitution, which was taken both in writing and orally from Mike Baughn?

·        Did Mike Baughn supersede his judicial immunity by acting outside of the statutes and is now liable for personal law suit of damages by acting in his own legal capacity.

·        Did Thomas County Attorney Andrea M Wyrick ill advise Sheriff Mike Baughn to act outside the laws of the state and federal government and should have the district court, file a formal complaint to the Kansas Bar Association?

 

Blacks law dictionary fourth Edition states the following definition of Tort.

“A legal wrong committed upon the person of property independent of  contract. It may be either (1) a direct invasion of some legal right of the individual. (b) the infraction of some public duty by which special damage accrues to the individual.

Sheriff Mike Baughn has shown that his NOTICE OF SEIZURE without due process is a infraction of some public duty by which special damages accrues to the individual.

( The individual being the Defendant)

 

    This is why the defendant has ask this court for a restraining

    order to protect the defendant’s animals for Tort action from

    Sheriff Baughn.

This case was filed incorrectly by the plaintiff  in the Magistrate court and should be thrown out.

KSA 20 302b(1) strictly prohibits the Magistrate judge from trying Tort  claims

 

CONCLUSION

 

This case should be dismissed and refilled in the proper court by the plaintiff for the following reasons.

 

*   The court recognized there was know jurisdiction of the Magistrate under KSA 20-302b. The court still ruled on this matter without having Subject matter jurisdiction

and therefore creating a void judgment, subject to the law of voids without any statue of limitations of time to appeal.

 

     The Plaintiff has improperly filed  under CR 249, which is a criminal matter, and not of the jurisdiction of this court!

                                    

                                    This court has no jurisdiction  in actions of Tort!

 

               PRAYER

         

Therefore the defendant respectfully requests this court to dismiss this petition with prejudice.

                                                               _____________________                 

                                                               Jeffrey J. Harsh Pro Se

                                                                            12-16-08

 

CERTIFICATE OF SERVICE

 I, Jeffrey Harsh, hereby state under oath that a good and clear copy of this motion has been delivered by US mail to Andrea Wyrick  at 300 N. Court St., Colby, Kansas 67701.

 

_____________________

Jeffrey Harsh  12-16-08