MONTANA -- A woman charged with leaving two dogs confined in a house in El Mar Estates that was filled with feces and garbage will be sentenced after choosing not to fight the charges.
Andrea Marie McClellan entered pleas of no contest to misdemeanor and felony counts of cruelty to animals in Missoula County District Court on Wednesday as part of an agreement with prosecutors.
In exchange for her pleas, prosecutors offered to dismiss two additional felony charges of cruelty to animals when McClellan is sentenced May 4.
McClellan’s charges stem from an April 2014 incident.
A man who was watching McClellan’s dogs (identified in the affidavit as Husky mixes) at a house in the 2100 block of Hummingbird Lane contacted Missoula Animal Control on April 5 and reported that he told her two weeks earlier he wouldn't be able to continue caring for them. The man said the house was so full of dog feces that it made him sick to go inside.
McClellan previously told Animal Control that she was moving, was going to put up a fence for the dogs, and was in and out of the house on a daily basis.
The mother of the man who made the initial report told Animal Control the house was repossessed by the bank and had been unoccupied for seven months. She said McClellan didn't return any of her son’s calls and never paid him for taking care of the dogs.
An officer tried to contact McClellan repeatedly before going to her house. After finding McClellan wasn't there, she left a notice of violation telling McClellan to contact Animal Control.
On April 6, another officer left a second notice on the front door and was able photograph the dogs – a pair of husky mixes – inside.
On April 8, Animal Control officers and a deputy with the Missoula County Sheriff’s Office entered the house with a search warrant to remove the dogs.
The officers said the smell inside the house was so overpowering they had to wear respirator masks, and they couldn't walk without stepping in dog feces. They were unable to find dog food available for the animals, and the only source of water was an open toilet.
Garbage and personal possessions were also scattered around the house, the officers said.
Read the arrest affidavit here: "When Officer Zanzig opened the door to the home, she was overwhelmed by a "horrible odor coming out of the house." The smell was so overpowering that all of the animal control officers had to put on respirator masks to enter the home. Animal Control officer Cindy Syrjala stated the stench burned her nose and throat. Once inside, officers observed dog feces everywhere. Officer Zanzig noted she could not take a step without hitting the fecal matter."
In court Wednesday, Judge Leslie Halligan accepted McClellan’s no-contest pleas and set her sentencing for May 4.
The misdemeanor charge has a penalty of up to one year in jail and a $1,000 fine. The felony count, for a second or further offense, has a penalty of up to two years in the Department of Corrections and a $2,500 fine.
(Missoulian - March 3, 2016)
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