California: Diana Barrett says jamming 81 animals into an ammonia-filled house is NOT animal cruelty

CALIFORNIA -- The residents of a Rio Oso home where 81 animals were rescued in March will not face criminal charges for animal cruelty or neglect, officials said.
 
Sutter County Animal Services Authority officers served a search warrant and entered the home in the 2400 block of Cornelius Avenue last month — nine months after officers began working with homeowners to address an out-of-control breeding operation. The search was conducted three weeks after local animal rescues removed dogs from the property.

Dozens of dogs had reportedly been urinating and defecating in the 1,200-square-foot home for decades, according to Doug Bishop, 56, who lives in the home with his mother, Norma Walters.

Animal Services manager Diana Barrett said her agency will not ask the District Attorney's Office to file charges because there were no signs of violations when officers conducted the search, after the rescue operations.

Diana Barrett is clearly a complete moron. 81 animals jammed inside a home, living in urine and feces IS ANIMAL CRUELTY regardless of whether or not food and water was put out for them. It's called CRUEL CONFINEMENT, Diana!

Homeowner Norma Walters was cited for having some unlicensed dogs, Barrett said. Barrett said officers were working with Walters to reduce the number of animals on site and the case was of "benign neglect," not abuse.

"I'm not saying what was going on in there was adequate or OK. But it wasn't direct abuse," Barrett said. The animals did have food and water, she said.

According to a declaration of probable cause to receive a search warrant written in March, officers identified signs the animals were subjected to "needless suffering and deprivation."

During nine visits to the yard of the home since last July, animal services officers found dogs covered in feces and urine, some kept in pens in a locked storage shed without fresh air or sunlight, and cats that appeared to have upper respiratory infections and were in need of treatment for fleas, according to the declaration.

In general, animal services prefers to "abate the issue" and work with animal owners, Barrett said.

"In a weird sort of way, this worked out better for the animals in that they were able to go directly to rescue," she said. "Had the animals been impounded by the shelter, we would have been required to hold the animals until trial."

Officers didn't gain a search warrant to enter the home sooner because they didn't know about conditions inside, Barrett said.

"Without knowing how many dogs were inside the house and without them granting us permission, we had no way of knowing about the condition."

The search warrant application said that as early as last August, 42 dogs were counted outside the house, and the officers could hear additional dogs inside the home.

Officers had contact at the house previously, in 2010 and 2011, when more than 40 dogs were pulled from the home, Barrett said.

(Appeal-Democrat - May 3, 2015)