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Tag: charges

D.A.’s office not bringing charges in the case of Cesar, Simon and the pot-bellied pig

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Cesar Millan will not be charged with animal cruelty in connection with an episode of “Cesar 911” in which a dog he was training attacked a pot-bellied pig.

Los Angeles County animal control authorities said Monday that they’d completed a month-long investigation into the complaint and found no evidence of neglect or harmful intent, the Los Angeles Times reported.

“After a comprehensive investigation by our officers, we presented a very thorough and complete report to the District Attorney’s office and they were unable to find anything to charge Mr. Millan with,” said Aaron Reyes, deputy director for animal care and control. “It’s a fair decision.”

Reyes said investigators watched the full video “several times,” interviewed people involved in the episode and reviewed veterinary reports.

“You can tell that it was not intentional and [Millan’s] reactions were swift and effective,” Reyes said. “The injuries to the pig looked worse than they really were, and they got immediate veterinary care.”

In the episode, which aired Feb. 26, a French bulldog Millan was training bit a pot-bellied pig standing nearby.

Los Angeles County Deputy District Attorney David Jacobs wrote in a case evaluation statement that “there is no evidence that the pig was used as bait, and all parties who witnessed the incident felt it was an accident. Although in the video the pig is seen bleeding, the dog’s act was merely a nip and did not tear or bite the skin off.”

The dog, named Simon, remains with his owner.

“The clip caused some concern for viewers who did not see or understand the full context of the encounter,” National Geographic Wild said in a statement. “The pig that was nipped by Simon was tended to immediately afterward, healed quickly and showed no lasting signs of distress.”

Millan said in a statment he was pleased with the investigation’s findings.

“My team and I are 100% dedicated to the proper care of all animals, including the farm pig in this case,” he said. “I am continuing my work rescuing and rehabilitating even the most difficult problem dogs, which has saved the lives of thousands of animals that otherwise would have been euthanized.”

(Photo: National Geographic Wild)

What is the “truth” about Just Pups?

Police investigating the source of a stench in Paramus found 67 puppies packed in a van parked behind Just Pups, a North Jersey pet store.

The pups — some covered in feces — were seized early Monday and taken to a North Jersey animal hospital, where 15 of them were determined to be in need of medical treatment.

Found locked in steel crates, the puppies were scheduled to go to other stores in the Just Pups chain. They had come from the Missouri breeding kennel of store owner Vincent LoSacco.

That’s him in the video above — responding last week to allegations of animal cruelty filed by the New Jersey SPCA in connection with the chain’s largest outlet in East Brunswick, N.J.

Last week, East Brunswick’s council unanimously voted to revoke LoSacco’s license at that store, prompting him to post a video he called “The Truth About Just Pups.”

Despite the scrutiny, LoSacco still apparently saw no problem with leaving 67 puppies in a parked van in Paramus on a night that temperatures dropped to 35 degrees.

Authorities said that about 3 a.m. Monday, Paramus police officers approached the van and detected the stench of urine and feces.

The officers, hearing whines coming from inside the van, opened an unlocked sliding door and found the dogs.

paramus1Police said the temperature inside the poorly ventilated van was 38 degrees, and that some of the crates did not contain food or water. The small crates held two to four puppies each.

LoSacco on Monday told NorthJersey.com that the van was temperature controlled, and leaving puppies parked in the van overnight was not an uncommon practice.

“It’s not unnormal to leave them in the van, as long as they have air conditioning or heat — depending on the season — and food and water,” LoSacco said. “It’s the same thing with the pet store. People aren’t there 24 hours.”

He denied that the cages were overcrowded, and suggested that any dogs who were covered in feces got that way when police officers loaded the van onto a flatbed truck to transport it.

paramus2As of Monday night, four pups remained at the vet’s office. The rest — golden retrievers, Labradors and terriers — were transferred to Tyco Animal Control, which has contracts with more than 20 municipalities in Bergen and Passaic counties.

The incident is being investigated by the Bergen County Prosecutor’s Office Animal Cruelty Task Force, Paramus police detectives and the Paramus Health Department.

The Paramus was closed Monday pending the investigation. It reopened Tuesday.

paramus3Paramus Mayor Richard La­Barbiera said the store had been the subject of complaints in recent weeks from residents about unsanitary conditions and animal cruelty.

The mayor said a Paramus inspector visited the store in response to the complaints and found some unsanitary conditions, but no signs of cruelty. The store was closed for about 24 hours while those sanitary conditions were addressed.

Just Pups has four New Jersey locations — in Paramus, East Hanover, East Brunswick and Emerson, according to its website.

“Just Pups is the only puppy or pet store that you can shop at where you have a 100% guarantee that 100% of our puppies have come from reputable breeders only,” the website says. “..We have never ever purchased a single puppy from a questionable source or a puppy broker.”

In February, LoSacco’s attempts to renew his license for a Just Pups location in Valhalla, N.Y., were denied, according to the New York Daily News.

The charges filed by the NJSPCA against the East Brunswick store came after three dead dogs were found in the store’s freezer on Feb. 29. In total, 267 animal cruelty charges were filed by the NJSPCA, alleging, among other things, that LoSacco exposed puppies to illnesses by commingling healthy and sick animals.

An online petition calling for that store to be shut down and for a state Department of Health investigation into all Just Pups locations has gathered nearly 160,000 signatures.

(Photos: Paramus Police Department)

NC’s first lady supports new charges against former animal shelter director

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A week after Guilford County prosecutors declined to pursue felony charges against the former county animal shelter director, Sheriff BJ Barnes was back before the cameras to announce new charges, and with a new ally at his side.

Barnes announced yesterday that former shelter director Marsha Williams has been served with five new misdemeanor citations for animal neglect.

He made the announcement with North Carolina’s First Lady, Ann McCrory, sitting next to him, and, next to her, Guilford County Board of Commissioners chairman Hank Henning.

Barnes was critical of the district attorney’s decision to not pursue felony animal cruelty charges against Williams and other two other former staff members he says were responsible for “horrendous” conditions at the shelter.

McCrory said she supports the effort and asked the district attorney to reconsider prosecution of the case.

On November 1, the district attorney’s office said there wasn’t enough evidence to pursue criminal charges against the former Guilford County Animal Shelter employees who had been charged after an investigation by the sheriff’s office.

Similar charges have been filed, and are still pending, against Williams and two other employees of the shelter in Davidson County, which was also operated by the nonprofit group United Animal Coalition.

In Guilford County, Sheriff deputies spent several months investigating allegations of animal abuse, mismanagement of funds and potential drug violations.

But officials in the district attorney’s office said the evidence to pursue cruelty charges was insufficient, showing a “systemic failure,” but pointing to no particular culprits who could be held responsible.

Sheriff Barnes voiced displeasure with that decision when it was made.

And yesterday, according to the Greensboro News & Record, he insisted the charges should be pursued, at least against the shelter director.

“Marsha Williams, as the manager, was in complete control. There was no decision made, live or die, without her being involved in the process,” he said.

Barnes also requested the cases in the two counties be consolidated, and be prosecuted in Davidson County.

McCrory, an animal rights advocate, said she’d requested to meet with Barnes to discuss the charges and show support for the case.

“This went beyond anything I’ve ever heard of in my life,” she said. “It’s basically torture. It’s beyond me that the Davidson County district attorney is going to prosecute. If that person has enough to charge and make a case … why don’t we have that in Guilford County?”

(Sheriff BJ Barnes, left, First Lady Ann McCrory, and Guilford County Board of Commissioners chairman Hank Henning; photo by Andrew Krech / Greensboro News & Record)

Sheriff disagrees with DA’s decision not to charge Guilford shelter employees

barnesThe sheriff of Guilford County is making it clear he disagrees with the district attorney’s decision not to file animal cruelty charges against former managers and employees of the Guilford County Animal Shelter.

Sheriff BJ Barnes took to Facebook to voice his displeasure with the decision.

“We still have missing animals that cannot be identified by records available. We have dead animals stacked five foot high in the shelter freezer with no explanation as to why, the shelter had a crematorium. We still have computers to review, but it seems that criminal charges for abuse are not going to happen,” Barnes wrote.

The DA’s office announced earlier this week that cruelty charges would not be pursued against three employees, all of whom also worked at the Davidson County Animal Shelter and still face charges there.

The three were part of the United Animal Coalition, which ran both shelters until the nonprofit organization’s license was revoked in August, about a month after investigations into the two shelters began.

Barnes said the sheriff’s office presented the Guilford County DA with the “five most horrendous cases of abuse we found at the shelter … I will not go into particulars out of respect for those like me who love animals, but know it involves broken bones, open wounds and some missing body parts,” he wrote in a post on his Facebook page.

Barnes said prosecutors thought it would be too difficult to prove who was actually responsible for the abuse.

“The ultimate decision was the shelter manager’s, but her defense could be she was not told of the situation by her subordinates and the documentation was so poor (also the managers responsibility) that it became one person’s word against the other person’s word, both with vested interest.”

Barnes added, “The atrocities that occurred at the shelter are hidden by poor management, poor oversight by management and the board and poor oversight by both the state and the county. I’m saying this now because since the DA is not going to prosecute the facts can be brought out without fear of hurting the case.”

The sheriff said that the shelter, since its operation was taken over by the county, is “in better shape now … and things have been put back in order. Someone should have to be held accountable for the pain and suffering of the animals at both shelters…”

The DA and Guilford County Sheriff’s Office began investigating the shelter in July, looking into allegations of animal cruelty and financial misappropriation at the shelter. The Sheriff’s Office is still investigating the potential financial misconduct by the nonprofit group running the shelter.

A similar investigation in Davidson County resulted in indictments against the same three employees on felony animal cruelty charges — former shelter director Marsha Williams, her daughter Dana Williams-King and Marissa Studivent, a veterinary technician.

Studivent’s husband told FOX8 he is not surprised that Guilford County decided not to pursue charges against his wife. He said Davidson County should not have, either.

“These charges were unjust and unfair and never should have happened,” Michael Studivent said. “And the fact that Guilford County has turned around and said there’s nothing here — yeah that does validate my point.”

In addition to animal cruelty, Williams faces two charges of keeping a controlled substance at the Davidson County shelter as well as two felony counts of obstruction of justice.

Davidson County officials said Monday they are still reviewing the charges the three employees face there.

Woman insists taping dog’s mouth shut was joke

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A Salisbury, N.C., woman insists it was just a joke when she posted a photo of her dog with her snout taped shut, but she has been charged with animal cruelty all the same.

Kimberly Ann Howell, 25, posted the photo above on Facebook, along with these words:

“I warned her. I told her I was going to teach her not to bite the baby again, even play biting. LOL. She so pidiful (sic). I can’t even make her keep it on for five minutes. LOL. She jumped up on me and was like but please mamma.”

howellAmid some critical comments, Howell took the post down, but not before someone — concerned either about the dog or the infant — tipped off county officials, who referred the matter to the Rowan County Sheriff’s Office, the Salisbury Post reported.

A detective questioned Howell, who insisted the dog, a young mixed breed named Leah, managed to quickly get the duct tape off her face. She also insisted the dog was not harmed.

The detective examined the dog and found her to be in good health with no other signs of abuse or neglect.

Howell, however, was charged with animal cruelty, jailed, and later released on $3,000 bond on the cruelty charge and failure to appear for outstanding traffic charges.

Leah was left in the custody of the family after the detective consulted with animal control officials about the case. Howell was told that a follow-up visit might take place to ensure the dog was being treated properly,

Since her initial post, Howell has responded repeatedly to the barrage of criticism she has been receiving online.

“Wow ok maybe I should of said I was joking when posting that,” she wrote on Facebook. “But honestly though people would know better anyone who spend (sic) a week at my house would see how spoiled and loved my dog is. Anyways guess I really didn’t think through but anyone who knows me knows when I got Leah she [was] skin and bones how (sic) that animal abusee (sic).”

(Photo of Leah from Facebook, photo of Howell from Rowan County Sheriff’s Office)

Euthanasia, or murder?

zeus1“Euthanasia” isn’t really the correct word for what animal shelters do to dogs.

When a dog is in pain, the use of the word may be apt.

When it’s not a mercy killing — but an act that takes place because a shelter is overcrowded — calling it euthanasia, as much as that may make it more palatable to the public, is a misnomer.

And it’s definitely not the word to use when a shelter worker takes their neighbor’s dog — without their neighbor’s knowledge — drives it to the shelter and gives it a lethal injection.

An animal welfare employee in Ada, Oklahoma, has has been accused of animal cruelty after allegedly doing just that.

Marteen Silas, a certified animal euthanasia technician for the Pontotoc Animal Welfare Society (PAWS), took her neighbor’s dog — a pure white Siberian Husky named Zeus — because it was chasing her livestock, according to court records.

She then allegedly drove the dog to PAWS and “immediately euthanized it with a schedule II controlled dangerous substance,” KFOR reported.

KFOR obtained a recording of a telephone conversation in which a former PAWS employee, Jim Nowlin, says Silas tells him why she killed the dog.

A voice he claims to be Silas’ is heard explaining the dog was “a punk” who was “chasing our cows, and chasing our horses.”

Two employees told investigators Silas knew the dog was her neighbor’s, and that she told employees to keep the procedure a secret.

PAWS officials said Silas is no longer employed at the shelter.

A Facebook page has since been set up, demanding justice for Zeus.

Four indicted in Green Acre boarding deaths

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The owners of Green Acre Dog Boarding and two caretakers, including the son of a senator, were indicted yesterday on animal cruelty charges in connection with the deaths of more than 20 dogs at the kennel in Gilbert.

Owners Jesse Todd Hughes and his wife, Maleisa Hughes, were indicted by a Maricopa County grand jury on 22 felony counts and seven misdemeanor counts of cruelty to animals, and one felony count of fraudulent schemes and artifices, according to County Attorney Bill Montgomery’s office.

The two caretakers in charge of the kennel while the owners were on vacation in June — Logan Flake, the Hughes’ daughter, and her husband, Austin Flake — were indicted on 21 felony counts and seven misdemeanor counts of cruelty to animals.

Austin is the son of U.S Sen. Jeff Flake,R-Ariz. All four defendants are scheduled to be arraigned Oct. 23, the Arizona Republic reported.

The indictments came after more than four months of investigation by the Maricopa County Sheriff’s offie, which learned early on that 28 dogs at the kennel had spent the night in one 9-foot-by-12-foot room.

Some customers arriving to pick up their dogs were told their pets had run away, when in fact they had died.

“How would you like your dog stuffed in a small room? Twenty-eight dogs,” Sheriff Joe Arpaio said Wednesday night. “Think about that. I feel sorry for the owners. … This has been one of the toughest cases we have worked. We had over 17 people work this case, between the posse, other volunteers, our deputies.”

The Hughes told investigators that a dog had apparently chewed through a wire, cutting off  the air-conditioning in the single room they were being kept in, but the air conditioning was found to be functioning.

A spokesman for the county attorney’s office said the charges stem from the deaths of 21 dogs and the injury of four others at the kennel.

“We have to prove how each of those dogs died,” said Jerry Cobb. “They basically suffocated. They were in a tight room without enough air.”

One of the dogs escaped from the kennel and was found on the side of a Gilbert road weeks later, hit by a car.

Dennis Wilenchik, an attorney for the Flakes, said he will file a motion to dismiss the case or remand it back to the grand jury. “They’re innocent,” he said. “They will be proven innocent. There is no evidence to convict them of any felony charge.”

(Photo: Green Acre client Valerie Collins looks under a blanket where her two dogs lie; by D.S. Woodfill / The Republic)