A Dog Was Left To Suffer While Its Owner Waited For Death
Guest Contributor
The story of Toby, a 6-year-old pug from Fabens, Texas, is a painful reminder of how vulnerable animals are when the people responsible for them fail to act. Authorities say they found him severely underweight, sick, and without veterinary care, leading to an animal cruelty arrest and renewed public attention on what cruelty to non-livestock animals can look like behind closed doors.
According to information from the El Paso County Sheriff's Office, deputies responded to a welfare check at a home on the 1000 block of NW 2nd Street in Fabens on June 17. The visit followed a report made to El Paso County Animal Welfare by PAWsitive Rescue, a group that appears to have been concerned enough about the situation to ask for an official check on the animal’s condition. When authorities arrived, they found Toby, a male pug, in visibly poor shape.
Investigators later reported that Toby was severely underweight, weighing about half of what an adult male pug should weigh on average. That level of malnourishment is not something that appears overnight; it usually reflects a prolonged lack of proper nutrition and care. Toby was also described as sickly, emphasizing that this was not simply a matter of a pet being a little thin. It was a serious welfare issue that triggered a criminal investigation.
Detectives identified 26-year-old Kimberly America Frescas as Toby’s owner. According to police documents, she allegedly told investigators that Toby had fallen ill after eating pizza. She reportedly described frightening symptoms: the dog would vomit, defecate what she called black tar, and refuse to eat or drink water. These details paint a disturbing picture of an animal clearly in distress over a period of time, not just for a few hours.
One detail that stands out is what Frescas allegedly told investigators about her mindset during this period. According to the arrest documents, she said she wished Toby would “just pass away already.” That reported statement, which also appears in the phrase that inspired the article’s title, “Pass away already,” has resonated strongly with readers because it reveals a profound resignation, and possibly frustration, in the face of an animal’s suffering. I found this detail striking, not just for its bluntness but for what it suggests about how long Toby may have been left to endure his condition.
Authorities say that despite the dog being sick for more than two weeks, Toby was never taken to a veterinarian before the welfare check. When investigators asked Frescas why she had not sought veterinary care, they report that she said she could not cover the cost. Financial hardship can be a genuine barrier to pet care, and many owners struggle with vet bills. At the same time, investigators believed the situation had gone beyond a matter of limited resources and entered the realm of neglect.
Veterinary findings played a key role in challenging some of the explanations given to authorities. After Toby was removed from the home and examined at a clinic, the attending veterinarian reported that he ate “ravenously” when provided canned dog food. Investigators contrasted this behavior with the owner’s account that Toby had been refusing food and water, and they concluded that the claim of refusal to eat or drink was not credible. That detail suggests that, at least at the time of the exam, Toby was willing and able to eat, and his condition could be linked to a lack of access to adequate nutrition rather than a self-imposed refusal.
From an animal welfare perspective, this single observation from the vet is powerful. It implies that the dog’s emaciated state was not solely the result of illness but likely connected to how he was being fed. It also underscores the importance of prompt medical care. When animals show signs like vomiting, black or tar-like stool, and significant weight loss, those can indicate serious gastrointestinal or internal problems that need urgent evaluation. Waiting and hoping a pet will “pass away already” is never an acceptable response.
Following the investigation, detectives obtained a warrant for Frescas on a charge described as “cruelty to non-livestock animals.” This is a legal term that in Texas generally applies to acts of intentional or knowing harm, failure to provide necessary food, water, or care, or abandonment involving companion animals such as dogs and cats. The arrest took place five days after Toby was initially found, which suggests that investigators spent time gathering evidence and consulting with veterinary professionals before moving forward.
Jail records indicate that Frescas was booked into the El Paso County Downtown Jail under a $4,000 bond. Records also show that a personal recognizance bond was posted, although details about the exact timing of her release had not yet been updated at the time of the report. As with any criminal case, the legal process will now determine whether the evidence supports a conviction, and the defendant is entitled to the presumption of innocence until a court decides otherwise.
Toby, in the meantime, represents the living, breathing center of this story. Reports describe him as a malnourished, sickly pug who has now been removed from the conditions that led to the investigation. The fact that he ate so eagerly once given proper food offers some hope that, with consistent care and veterinary support, he may recover or at least enjoy a far better quality of life than what he experienced in the weeks before authorities intervened.
This case from Fabens is not an isolated example of alleged neglect. The same news outlet has reported on other situations involving severely malnourished dogs and even a case where a man pleaded guilty to organizing cockfights and received probation. Taken together, these incidents highlight an ongoing need for community awareness about animal cruelty laws, the role of rescues and welfare agencies, and the importance of speaking up when something seems wrong. In Toby’s situation, that call from PAWsitive Rescue to El Paso County Animal Welfare appears to have made a direct difference between continued silent suffering and documented intervention.
There is also a broader takeaway for anyone who shares a home with animals. Owning a pet means taking responsibility for their basic needs: food, clean water, shelter, and medical care when they are sick or hurt. When financial hardship or other challenges make that difficult, early outreach to shelters, rescues, low-cost clinics, or local welfare agencies can sometimes provide options before a situation deteriorates into crisis. While not every sad story can be prevented, timely action and community support can reduce the chances that a dog like Toby ends up emaciated, untreated, and wishing eyes are the only witnesses to its struggle.
For readers disturbed by Toby’s story, one constructive response is to support reputable local shelters and rescue groups that partner with law enforcement, just as PAWsitive Rescue did here. Another is to learn the warning signs of neglect, from extreme weight loss to visible illness and lack of veterinary care, and to report concerns through appropriate channels when an animal’s well-being appears to be at risk. Even a single report can trigger a welfare check that changes the course of an animal’s life.