In a rare move for the Casper Police Department, the dogs’ owner was subsequently arrested for animal cruelty.
The officer noticed the dogs about 12:30 p.m. while patrolling the area near the Alibi bar. The officer parked across the street to perform paperwork and monitored the SUV in the Alibi parking lot.
One dog was barking and there was frost on the window, the officer wrote in his report.
After 1-1/2 hours passed without anyone checking on the dogs, the officer had dispatch call Metro Animal Control.
A woman, later identified as Erin Yancey, emerged from the Alibi bar and walked to the SUV before Metro arrived.
When the officer questioned Yancey about the dogs’ welfare, the Casper woman said she had taken the dogs into the bar several times. The most recent instance was 30 minutes ago, she said.
The officer observed that there was no food or water in the vehicle.
Yancey, 47, became upset when she learned that Metro was en route, according to the officer. Despite the officer’s orders to remain near the vehicle until Metro’s arrival, Yancey insisted on going back into the bar. At that point, the officer placed her under arrest for animal cruelty.
According to the police affidavit, Yancey resisted arrest, yanking on the handcuffs and attempting to run toward the bar and yell for help.
Her efforts proved futile, and she appeared in jail garb Tuesday afternoon in Natrona County Circuit Court.
She was charged with one count of cruelty to animals and one count of interference with a peace officer. The first charge could result in six months in jail and a $750 fine, and the interference charge could carry up to one year and a $1,000 fine.
Casper Police Sgt. Jim Wetzel said it’s uncommon for officers to take someone into custody for an animal cruelty charge — Metro typically just issues a citation.
Wetzel said the officers can make a judgment call based on the totality of the situation.
There is no legal minimum or maximum temperature for leaving an animal exposed to the elements, he noted.
Officers take into account factors such as weather conditions, the health of the animal at the time, the outward appearance of the animal and where it’s being housed or not housed.
“There’s no bright line in the sand as of when it becomes animal cruelty,” Wetzel said.
Yancey pleaded not guilty to the two charges and will be released from jail on a $750 personal recognizance bond.
Natrona County Circuit Court Judge H. Steven Brown ordered Yancey to not have any contact with her dogs unless it’s approved by animal control.
The dogs were taken into the custody of Metro.
“I have never, ever endangered my animals,” Yancey told the judge.
Metro Manager Tory Cutrell said the shelter has received an influx of calls for welfare checks and cruelty complaints since Casper’s cold snap began last week — animals’ water bowls freeze or their chains get wrapped and they can’t reach shelter. There is always an uptick in calls during severe weather conditions, she said, hot or cold.
Cutrell said Metro will often give owners the opportunity to correct the situation, but may issue a citation if the problem is habitual.
Cutrell said owners can buy electric bowls to keep water from freezing, and should make sure the animals don’t remain in the inclement elements for too long.
“In the winter, if you don’t want to stand outside, your dog probably doesn’t either,” she said.
(Casper Star Tribune - Dec 10, 2013)
