Sunday, September 23, 2012

Woman convicted of animal cruelty reclaims boxer

NEW MEXICO -- A judge's decision to allow a woman to get her dogs back after she was convicted of mistreating them has caused quite a stir in Roswell.

The dogs were seized from their property last month after they were found extremely emaciated. Friday, after a judge's sentencing, the woman reclaimed one of them from animal control.   


Photos of a three-year-old female boxer, taken by Animal Control tell it all. Her ribs are protruding, and a chain is wrapped around her neck. It was after a concerned citizen called Animal Control last month, that their situation was brought to light.

Judge Larry Loy

Roswell Animal Control Officer Andrew Gross responded to the property on North Kansas August 14.

"My intentions were that we were going to pick the dog up because of its body score, it was extremely emaciated, it didn't have clean water present, there wasn't food out there," recalled Andrew Gross, Roswell Animal Control Officer.

There was also a pit bull puppy on the property kept in a small section of the porch with a folding table. "It was extremely emaciated as well, it didn't have water present, there was a large amount of its own feces inside that enclosed area," explained Gross.


The dogs' owner, 33-year-old Andrea Montanez told Animal Control she couldn't afford to take the dogs to a vet.

"For me, if they don't have money to provide veterinary care, they don't have enough money to provide care for the dog, period," said Gross. "Now, that's my personal opinion."

Animal Control seized the dogs, and Montanez was charged with two counts of animal cruelty, no rabies vaccination, dog license, or collar.

This month, Montanez pled no contest to the charges. Municipal Judge Larry Loy heard the case, and okayed the release of the dogs back to Montanez, with conditions Animal Control check up on the dogs, and $420 in fines.
     

The decision sparked a protest outside the courthouse last week.
 
Judge Loy would not comment on the case, but did say he did not get to see pictures of the dogs because of the way the plea deal played out.

When seized, officials said the boxer was roughly 25 pounds underweight. "For that dog to get in that condition, he was underfed, my guess would be for at least two to three months," said Gross.

Had Montanez pled not guilty, Animal Control officials said photos of the emaciated dog could have been used as evidence in a trial.
     
Montanez picked up the boxer from Animal Control Friday. The dog was not visible in the yard on Monday, and Montanez refused to comment.  


Gross discovered Montanez had adopted the pit bull puppy from the Roswell Animal Shelter about a month before it was taken away from her. She did not reclaim that puppy. It's now at a rescue shelter.  

Gross said Animal Control will follow up with Montanez to ensure she's providing food, water, and shelter to the boxer. If she doesn't hold up her end of the deal, officers will take the dog away.

(KRQE - Sept 17, 2012)

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