Animal cruelty charge dropped against woman taking care of neighbor's dog

PENNSYLVANIA -- It's a story that has created a firestorm of emotions from the community after a dog was taken from a Gallitzin Borough family's porch while they were away on vacation.

A neighbor said she was taking care of the dog, but police said the 15 year old Labrador Retriever German Shepherd mix  was found in filthy conditions and was near death.

The dog died just days later at a humane shelter in Altoona and police filed charges against the neighbor for animal cruelty. On Tuesday, those charges were dismissed.

It's the outcome that Favre the dog's owners and the neighbor taking care of him wanted. The charges being dropped was the best scenario for them, they just didn't expect it happening the way it did.

The summary hearing for Jenny Wills had been rescheduled three different times while the Cambria County District Attorney's Office investigated the case. On Tuesday though, an assistant district attorney was there representing Borough Police Chief Gerald Hagen.

 

Hagen is the officer who allegedly took a call about Favre from a concerned neighbor in August. He said when he showed up, he found the dog lying in puddles of vomit and feces, left alone without food or water and wearing a spike collar around his neck. And on Tuesday, he brought pictures that he said proved it. Hagen said in August he called Paul Gottshall, a humane officer in Blair County, to help him take Favre to a vet because the dog appeared to be near death.

Wills, who told 6 News in August she was caring for the dog, brought her own attorney Tuesday and so did the dog's owners, Chris and Renee Myers. They also brought friends and family who were hoping for answers as to why the dog was taken in the first place and how a humane officer from another county had jurisdiction to do so.

 

Those questions never came up though. In fact, none of the witnesses subpoenaed to court to testify Tuesday afternoon even took the stand because prosecutors were not allowed to use a statement by the neighbor, before first showing evidence she committed a crime. It's evidence they either didn't have or weren't ready to show Tuesday afternoon.

"If they can't establish that a crime was committed, the defendant's statement, or my client in this instance, wasn't admissible," said Joel Peppetti, who represents Wills. "We hope that they decide not to refile the citation and they're looking at the interests of justice and not necessarily for convictions."

The owners left their sick, elderly dog outside in the elements while they went
on vacation. Then they complain when officers take it to be seen by a vet.

 

 

The charge Wills was facing was only a summary citation -- another reason why the judge said the hearing was a "one-shot deal." He said the hearing was scheduled for Tuesday and he wasn't going to prolong it when the prosecution asked for a continuance.

So the prosecution withdrew the charge. But that doesn't mean they can't refile. They have two years to do so.

(WJACTV - Oct 7, 2014)

Earlier:

• Here's a tip: Don't go on vacation and leave your sick, elderly dog outside to fend for himself
• Humane Officer Speaks Out in Dog Case