Ricky Leroy Thomason, 38, and Elizabeth McGraw, 30, were found guilty of three counts of animal cruelty each and given the maximum sentence for the Class B misdemeanor charges in a hearing late this afternoon in the City of Warrior Municipal Court. They both pleaded not guilty to the three charges against them – once charge for each type of animal found at the home.
After being found guilty, the judge sentenced them to pay a $500 fine per charge for a total of $3,000. They also were sentenced to 180 days in jail, with 90 days to serve.
"Today justice was obtained for these animals," said GBHS CEO Allison Black Cornelius. "This truly sickening and heartbreaking situation for these animals is over, and we are happy to say that these animals now have a second chance at life."
The GBHS division of Animal Care and Control rescued the animals in April from the couple's Warrior home on Dana Drive. Authorities received a tip from a citizen about a possible hoarding situation at the home and, once they determined the home was in the Warrior Police Department's jurisdiction, they began working with officers to remove the animals from the home.
In all, rescue workers found 51 animals including six puppies, four turtles, 17 adult dogs, nine cats and 15 kittens. Of those, Baker said, 11 of the puppies, kittens and dogs were already dead upon arrival, died after intake or had to be euthanized because of severe malnutrition. The remaining 36 animals were held at the ACC facility at 6227 5th Avenue North pending today's court hearing.
Authorities said they believe the owners had been gone for at least two weeks, though there was some evidence that someone had at least given them water or they all likely would have died. The animals were living in diminished conditions without food or water, and with excrement all over the floor.
Three dogs were found in a bathroom with a door closed. Syringes and other drug paraphernalia were also found at the home among clothes and other items strewn all over the floor.
Warrior police Chief Ray Horn has said he believes the pair left the home, and their pets, because they were about to be evicted. They have lived in multiple rental houses in the area over the years, he said. Police and city officials have previously dealt with them on complaints about the condition of their property.
Of the seized animals, one dog was in poor condition because of painful joints, external parasites and a high heartworm positive diagnosis. Fifteen Chihuahua, Labrador and Pit bull-type adult dogs almost all came in with intestinal parasites. Two were heartworm positive, but all have been doing well at ACC.
Of the animals that died, one dog died of pneumonia, one puppy was dead when ACC arrived at the house, one puppy died en route to ACC and four puppies were euthanized because of their inability to thrive without a nursing mother.
One kitten was euthanized because it was not responding to medication to treat is severe dehydration and lethargy. Of the four kittens born at ACC, two kittens died or were euthanized because of health conditions.
Thomason and McGraw can appeal the verdict within 14 days, where the case will be heard in Circuit Court. Restitution is dependent on the appeals process.
The animals will remain in the care of ACC until the 14-day period expires. If the decision is not appealed, the sentence will start in 14 days and the remaining 34 animals currently in the care of the Greater Birmingham Humane Society (GBHS) division of Animal Care & Control (ACC) will be legally released into the custody of the GBHS.
At that time, the animals will be spayed or neutered and microchipped before being placed into foster homes, transferred to rescues or put up for adoption at the Snow Drive adoption facility. Authorities said foster families are needed now more than ever to accommodate the large number of animals under GBHS care. People interested in fostering can find more information about the program here or by emailing gbhsfoster@gmail.com.
(AL.com - June 15, 2016)
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