The home on Lakeview Drive had a “real bad smell” and was covered with feces, six inches thick in at least one area, from the overflow of animals, Svoboda testified at a hearing in Lynchburg General District Court on Wednesday.
Rankin was charged with four felony counts and six misdemeanor counts of cruelty to animals after the animal wardens seized 48 cats and kittens, three dogs and a bird from the home in August 2014.
Lynchburg General District Court Judge Ed Burnette on Wednesday found Rankin guilty of eight misdemeanor counts of animal cruelty after dismissing two felony charges and reducing the other two felony counts to misdemeanors.
He ordered Rankin to no longer own companion animals and pay the city of Lynchburg, which had a bill of more than $15,000, to pay $50 per month over the next six years in restitution. To make sure she complies, he imposed a suspended sentence of eight months in jail to hang over her.
Burnette said there are “definite mental health issues” going on with Rankin and referred to the case as a tragic situation. He said there is no evidence that shows she physically abused or tortured the animals, a common trait in most animal cruelty matters. She even was living in the same deplorable conditions. Failing to provide adequate care, however, met the legal definition of animal cruelty.
“It is overwhelming to look at these photographs and see the squalor in that residence,” Burnette said. “She appears to be living side by side with these animals. No animal should be subjected to living in that squalor.”
One cat was found dead on the property, three others cats had to be euthanized and the bird died in the care of the Lynchburg Humane Society shortly after the seizure, according to prosecutors’ evidence.
Svoboda said animal control responded to the house based on a complaint. They only could reenter the house after putting on the proper gear. Some of the animals were covered in fecal matter, cats were running all over the house, kittens were spotted in cabinets in bowls, litter boxes were overflowing, water for the animals was dirty and a large presence of urine was making wardens’ eyes burn, Svoboda said.
“It almost looked like a hoarder’s house,” Svoboda testified. “You couldn’t see the colors on the floors, there was so much feces. It was a toxic atmosphere.”
The building inspector immediately condemned the house upon entering and the homeowner served Rankin eviction papers, Svoboda testified.
A veterinarian who tended to the cats brought in for treatment when the seizure took place testified one cat had a fractured jaw, could not eat and had to be put down. Rankin said she was not aware of any of her animals having a fractured jaw and claimed in court wardens acted unprofessionally in a “wild hunt” of the home.
Rankin repeated during her testimony she suffers from a neurological condition and was frustrated at times during questioning. She said she bought food and necessary items for her animals and went without shoes at times to make sure they were taken care of.
She estimated she spent from $3,500 to $4,300 per year in expenses for the animals.
“I gave it all to them,” she said.
Assistant Commonwealth Attorney Jennifer Bennett did not ask for Rankin to be incarcerated but said it is important she refrains from subjecting more animals to neglect in the future. The air in the home was polluted and not suitable for humans or animals, she said.
“This was not a safe place for people or animals to breathe,” Bennett said, later adding: “People had to wear masks to go into this home. She could not properly care for her animals.”
Yvonne Schewel, Rankin’s attorney, said her elderly client was overwhelmed but did not maliciously act to hurt her animals or willfully deprive them of care.
“This is a very ill woman,” Schewel said. “She did the best she could to her own detriment. This is a sad situation when a person with the best intentions gets overwhelmed.”
Schewel said Rankin informed her immediately after Burnette’s ruling she would appeal it.
Burnette clarified he was not ordering Rankin to have no contact with pets and she would be eligible for any program or situation where the companion animals are brought to her to visit.
Rankin voiced frustration, saying she was unprepared by not bringing receipts to show her care for the animals as part of evidence in her defense.
The judge said: “Even if I had seen receipts, it would not erase the image of six inches of feces from my mind.”
(News & Advance - June 17, 2015)
http://www.newsadvance.com/news/local/woman-sentenced-in-lynchburg-animal-cruelty-case-more-than-animals/article_a44304c4-1553-11e5-b166-ef9c5195e090.html
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