"The mailman pepper sprayed our dog and got away with it!"
#justiceforpupa #wearepupa
Since the summer of 2018 there had been strange stains inside the patio and had been looking into what was possibly causing these strange spray patterns. I continued to see them a few times a month, they were noticeable because they would last about a week (5 to 7 days). In early 2019, I saw these stains again, fresh, where I know I had not seen them there a day before. I decided to go through my surveillance system more in detail. What I found was inconceivable, WE CAUGHT OUR MAILMAN ON CAMERA PEPPER SPRAYING OUR DOG, pupa. When I submitted a report to the Post Master, they said my dog was the problem (even though is was clearly behind a locked gate). They stopped delivering mail to my house and pressed for me to move my mailbox closer to the curb. I looked through my surveillance equipment and found he was pepper spraying our dog almost everyday on his route though our street. When I followed up with the issue, a supervisor from the post office came and saw the videos and decided I was correct, the mailbox could stay in its original place and for mail service to continue to my home. An internal investigation started within the USPS where this mailman admitted to pepper spraying our dog but then denied it, (both are on record). Eventually their workers union got involved and helped him with his rights as a worker.
The claims were so outlandish that law enforcement had a challenging time setting up a criminal trail between animal control and the San Diego Police Department. A criminal case against the mail carrier was finally opened by the District Attorney late in 2019 with mounting pressure from the media after the story made world wide news. The criminal case was fumbled and passed from one investigator to the next (at least 2) and for some reason or another, the city of San Diego changed the DA assigned to this case 3 times. Out of all the videos of all the days this postman pepper sprayed our dog, only 3 were used because only 3 showed the dog reacting to the pepper spray. On the other days that he sprays, the dog "evades" or is not hit in the face and/or eyes and so they were not taken into consideration, but non the less he sprays and exposes the dog (and my family ) to the pepper spray residue. Eventually (2020), the San Diego district attorney had to drop the criminal case against him partly because of the COVID lockdown, but because he happened to have no criminal history. After this, the mailman got his job back with back pay, and he even received a promotion. He continued to work for the Post office as a letter carrier SUPERVISOR until the civil case in 2026.
A civil case was sought in 2022 against the UNITED STATES POSTAL SERVICE. They admitted wrongdoing and asked to settle but never got back to us when we submitted our medical bills to be compensated. At that time, our medical expenses were about $117,000 for each child (about $235,000). Eventually, ( because the USPS is a federal agency ) the federal government stepped in and took over the case on behalf of the USPS. In 2024 we sought a civil case versus the US government for damages.
In 2025 a federal judge said the case could go forward after many attempts from the US Government trying to deny and drop the case. Several times they tried to "settle" by offering a fraction of medical bills and legal fees incurred. The court seemed to be so busy that our trail kept getting delayed and pushed back from December to February, only to get pushed back again.
In May of 2026 we finally got our day in federal court, but the outcome broke our heart. After so many years of waiting for justice, the judge found that even though this man DID INDEED pepper spray our dog, she could not find the connection between the mailman pepper spraying our dog and the kids being sick. The trail was only allotted 4 days because the judge thought it would be a straight forward case and didn't want to "waste time" with "filler" and just wanted to get to the expert and doctor testimony. After the 4 days, she had to take another week to sift though all of the evidence presented even with us not having presented more of the detailed evidence because we felt rushed. In total we spent the better of 2 weeks in trail. Still the decision took several more weeks, unlike the 4 days she had put aside for our case. Just like the criminal case, only 3 of the days the mail man pepper sprayed into our home were used and taken into consideration. None of the other videos were taken into consideration and neither was the fact that I had seen those spray markings on my patio for months), they were never presented as evidence because there was no physical evidence ( only the fact that I had seen them with my own eyes). The court concluded that "the pepper spray would not have aerosolized and entered the Plaintiffs' airways".
I still contend DIRECT CONTACT and not this whole "aerosolized" pepper spray molecule from the dog's fur into the air then into the children's lungs. The aerolization happened when the substance left the can, went through the air and landed on the dog, which is proven and shown. After the oily substance is on the dog's fur and remains for a few days (like an oil would do, especially if gone unwashed) or shown by the stains on the floor on my patio that lasted for days, my kids then come in direct contact with that oil on the dog's fur and the dog's fur coming in direct contact with the kids bedding. Im sure I heard both sides talking about direct contact being a way of transmission of the substance in question.
Evidence and video of dog being sprayed by the mailman, ( which the judge agreed) my dog reacting to the spray, along with video evidence of my children coming in direct contact with the dog within the span of an hour or two (or less) as documented in the evidence with the time stamp of the videos is how my kids were exposed. Furthermore, if he was doing it on a consistent basis, then we know my kids were exposed on a consistent basis.
We respect the judge's ruling, but this time, we believe, the justice system failed. Now we don't get anything for all of the conditions the children have had, medical procedures they have been put trough and hardships they have had to endure. Nothing for assaulting our dog. Now this man gets to walk away without any repercussions. What this person did to our family is criminal.
Our opportunity for justice slipped away with a rushed trail where we were not able to present the case in its entirety and with the detail this delicate situation required.
We are reaching out on behalf of the children, who have been facing respiratory challenges since the fall of 2018. Their symptoms have been complicated and persistent, leading to countless sleepless nights filled with coughing spells that often lasted up to 45 minutes at a time. These difficult nights were accompanied by numerous emergency and urgent care visits, as well as ongoing appointments with doctors and hospitals. Eventually they were both diagnosed with asthma even though there is no family history. we still believe that even though the children have an asthma diagnosis, our children do not have asthma, only asthma symptoms. We still believe that our children's symptoms and conditions are from the exposure to the pepper spray that was sprayed on our dog by an almost daily basis while this mailman delivered mail to our house, then the kids coming in direct contact with the dog and the dog coming in direct contact and rubbing the pepper spray oil on the kids bedding and surfaces they sleep on, not Asthma.
No doctor has ever treated our children for this exposure that we know happened.
Because of the criminally implied claim, the doctors never really accepted our claim and only treated their symptoms and never proactively treated them for being exposed to pepper spray. They have since been seen by many doctors and specialists here in the US as in MEXICO. Our daughter had an emergency operation to remove her oversized tonsils in 2022. Our son suffers with nasal gland complications that continue to this day. They are both continued to see by doctors for the same issues and continue to be prescribed new medications to deal with their ongoing symptoms. Their symptoms have since diminished but definitely not gone and their quality of life is compromised.
The emotional and physical toll on the children and our family has been immense, as we continue to search for relief and for justice.
The medical expenses from these repeated visits and treatments have quickly added up, creating a financial strain that is hard to manage alone. The funds raised through this campaign will go directly toward covering past, present, and future medical bills, ensuring the children can continue to receive the care they need without added stress. Every contribution, no matter the size, will help lighten the burden and provide hope during this challenging time.
Pupa and our family are deeply grateful for any support you can offer. Your kindness and generosity will make a real difference in the lives of our children as they work toward better health. Thank you for standing with us and offering your help when it matters most.
Channel 10 news:
https://youtu.be/JqGRgbQGVRQ?si=dg_dymleH3l6ewTC
channel 10 news update:
https://youtu.be/AF_28A8nsE0?si=SXaQFDi9QWxJMM03
More victims:
https://youtu.be/1cGcuC6cB-4?si=WQd_IJvokwZthFyN
Inside Edition:
https://youtu.be/AlFVP1ydHNw?si=hnAsvJB1jFvuRRZ-
CBS news 8:
https://youtu.be/z9vMNoYOFzU?si=iAozsuvYgqnKswj3
Telemundo/ Al Rojo Vivo:
https://youtu.be/fqt-qBaoHhE?si=aP0DOKp2c6dyJxsc