“There was a strong odor of animals, urine, feces. It was all over, it was up along the walls,” said Kenneth Jewell, during the preliminary examination of Michael and Lynn Higgins.
Lynn Higgins and Michael Higgins are charged with abandonment or cruelty of 10 or more animals, a four-year felony, after more than 100 dogs and three cats were removed from their home in June in the 7500 block of South River Road.
“This was a residence, a home for human habitation. This was not some type of building or facility that was meant to house a large number of animals,” Hulewicz said. “The pictures (submitted as evidence) show absolutely filthy, terrible conditions.
“It would be problematic for humans, and it certainly was not an adequate situation for the number of animals involved here.”
INITIAL INVESTIGATION
Jewell testified he first approached the home June 13.
He described it as a “normal” residence at first, but after getting closer could smell a strong odor of animals. He could see and hear a large number of dogs, with no evidence that any animals were ever let outside. He said he could also see feces and dirt smeared on the windows of the home.
All the things described by Officer Jewel give him probable cause. Facts and circumstances that would cause a reasonable person to believe that a crime has been committed, is being committed or is going to be committed. Based on these observations - garnered in plain view aka where he had a legal right to be [which was based on a complaint of "numerous dogs barking and a noxious smell coming from the home] - he could get a search warrant.
Unable to make contact with the homeowners, Jewell left a warning notice. Michael Higgins contacted him later that day, he said, scheduling a time the two could speak at the home June 14.
GETTING RID OF THE EVIDENCE
When he met with Michael Higgins at the house, Lynn Higgins had loaded some dogs in the car, and said she was taking them to a rescue. Michael Higgins said he had taken nine dogs to the St. Clair County Humane Society earlier that day. Though he told the court he was working to get a search warrant, Michael Higgins let Jewell in the house, where he said he was greeted by about 30 dogs.
Jewell left that day with 22 dogs. When he returned June 15, animal control left with 38 more dogs and three cats. Though he said the dogs did not seem malnourished, he was concerned about the sanitary conditions of the home. Jewell said all the animals removed were stained yellow from urine and some had feces caked into their fur.
After the hearing, Hulewicz amended Michael Higgins' bond, so he can travel out of state for work, as his consulting job is the couple’s only income. Lynn Higgins still may not leave the state.
A circuit court arraignment date has not been set.
(Freep - July 15, 2016)
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