The boxers were lying on top of each other in a shed on Rogers Street, one with its paw tangled in the other's collar.
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| Animal rights activists voice their opinion outside of the Peterborough courthouse on Simcoe Street on Friday (Sept. 26). They attended the first day of an animal cruelty trial. Lance Anderson/This Week |
The court heard that the dogs died of starvation and thirst after they had been barricaded in the shed for weeks.
Ashely and Michael Elder, along with Brandon Brown, face charges of animal cruelty in relation to the incident that came to light in October 2013. All three pleaded not guilty and were in court on Friday for day one of their trial.
Each defendant says the dogs were the other person's responsibility.
Lawyers Dave McFadden and Silvano Salvaterra are representing Mr. Elder and Mr. Brown respectively. Ms Elder is representing herself.
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| Lawyer Dave McFadden (right) speaks with his client Michael Elder outside of the Peterborough courthouse on Friday (Sept. 26). |
Crown Attorney Amanda Kok began the day by calling Josh Matson, an agent with Ontario Society for the Prevention of Cruelty to Animals, to the stand. He executed a search warrant at 649 Rogers St. on Oct. 10, 2013.
He told the court that after he got the shed doors open, his eyes went directly to the left corner of the structure.
"Two dogs were lying in the corner on a garden hose…There was no food or dishes in the shed and feces and blood was under the dogs," recalled Mr. Matson. "I smelled rotten flesh when I opened the door. It was overpowering. It made me gag."
Images of the dogs were flashed onto a large screen television for the court to see. Some members of the gallery gasped when the images were shown.
Mr. Matson testified that a complaint had been made to the Peterborough Humane Society about the dogs prompting the OSPCA to take action. Mr. Brown met him at the door.
"He said no one else was home. I asked him if there were dogs on the property and he said yes, they were in back in the shed," said Mr. Matson.
Two Peterborough Lakefield police officers were also on scene including Const. Josh McGrath who testified later on Friday.
Both Mr. Matson and Const. McGrath said they went into the back yard and found the door of the shed barricaded. A picnic table, piece of wood and large tire rim was blocking the door. The shed's handles were bound by a yellow extension cord and a leash.
Before the dogs were removed and taken for examination, Mr. Matson said he spoke with Mr. Brown and asked him why the dogs were in the shed.
"He said so the dogs didn't run on the road," testified Mr. Matson. "And he indicated that Michael (Mr. Elder) was supposed to be providing for the animals."
Mr. Matson was also allowed to search the home on Rogers Street. Inside he found a bearded dragon, a ball python and a tarantula. Mr. Matson said none of the animals had food or water in their terrarium.
Mr. Matson said he passed a compliance order to Mr. Brown stating that the terrariums had to be cleaned and the animals fed and watered. Mr. Brown, Ms Elder and Mr. Elder were named on the order. He gave them until Oct. 16 for the order to be met.
Mr. Matson returned on Oct. 16 and Ms Elder answered the door. She allowed him inside where he discovered that none of the terrariums had been cleaned and only water had been provided. Those animals, said Mr. Matson, were seized from the home.
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| Two boxer dogs were discovered dead inside this shed on Rogers Street in Peterborough last October. The shed was barricaded with a yellow extension cord, leash, tire rim, piece of wood and a picnic table. Three people face cruelty to animal charges related to the incident. Their trial began on Friday (Sept. 26). Photos were marked as evidence and supplied to This Week |
Mr. McFadden cross-examined Mr. Matson and brought to the court's attention the circumstances of the living arrangement at the Rogers Street home. Court heard that Mr. and Ms Elder moved into the residence on Sept. 1, 2013. A couple weeks later Mr. Brown moved in and Mr. Elder moved out. Court heard from that time on, the dogs were in the shed.
Mr. McFadden questioned why his client, Mr. Elder was listed on the compliance order when he was never spoken to about the matter.
Mr. Salvaterra, who is representing Mr. Brown, also pointed out to the court that Mr. Elder owned the dogs and that his client was told that Mr. Elder returned to the house regularly to feed and water the dogs.
That was challenged during the testimony of Const. McGrath. During this section of the trial, Crown Attorney Kok showed the video interviews of Mr. Brown, Ms Elder and Mr. Elder that were conducted at the police station after they were arrested on Oct. 10.
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| Michael Elder, one of three people facing animal cruelty charges, stands out front of the Peterborough courthouse on Simcoe Street on Friday (Sept. 26). Photo: Lance Anderson/This Week |
In the video, Mr. Brown admitted to barricading the shed because the dogs kept escaping.
"I pushed the stuff in front so they couldn't get out," says Mr. Brown during his video statement.
Mr. McGrath asked Mr. Brown why he wouldn't have just fed the dogs, Mr. Brown told the officer that it wasn't his responsibility and that he was told Mr. Elder was caring for the animals.
"I wasn't putting too much thought into it. If he (Mr. Elder) said he fed them all right…I never had an attachment to them," said Mr. Brown in his video statement.
The statements from Mr. and Ms Elder were also played in the courtroom. Basically it boiled down to each defendant saying the dogs were the other person's responsibility.
"You knew the dogs were there," said Const. McGrath when interviewing Ms Elder.
She replied saying she was hardly ever at the house.
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| Brandon Brown and Ashley Elder |
"I was there two hours a day. I'd get up, go to work, come home, eat dinner and go to bed," Ms McGrath said in her interview. "He (Mr. Elder) kept saying 'I'm coming to feed the dogs.'"
She adds she cried herself to sleep when she found out that the dogs were dead. She was notified by Mr. Brown who realized the dogs had stopped barking three days before he peered into the shed's window and saw they were dead.
In Mr. Elder's interview he said he did bring food for the dogs prior to moving out of the house and once afterwards. He admitted to Const. McGrath it had been 20 days or three weeks since he had been there before he learned they were dead.
The issue of text messages was also brought to the court's attention. Mr. Brown and Ms Elder maintained that Mr. Elder sent several messages saying he was coming to feed the dogs. They also said there were several arguments over this as well.
Mr. Elder denied sending any text messages.
During Const. McGrath's cross examination, Mr. McFadden asked the officer if he seized the suspects' cell phones to see if any messages were sent. Const. Mr. McGrath said he had not and offered no explanation as to why.
Crown Attorney Kok has one more witness to call before she finishes presenting her evidence.
The trial was adjourned until Oct. 28.
(Our Windsor - Sept 26, 2014)
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