“It is clear that Ms. [Nataliya] Nivens provided necessary care to her animals and none of them fell to the level of neglect the courts have previously required to find unjustified pain,” defense attorney Tom Brotherton wrote in his motion, arguing as well that Nivens was “acting to move them to better quarters” when deputies seized her 17 dogs, 16 chickens and eight goats on June 30.
That motion is set to be heard Aug. 19 in Jefferson County District Court.
“Part of what they're alleging is the Defendant didn't have knowledge and that we don't have evidence there was pain,” Deputy Prosecutor Amanda Wilson said, arguing that law enforcement notified and spoke with Nivens on several occasions, [trying to get her to improve conditions and take proper care of the animals].
“I think there's evidence the Defendant had lots of knowledge. And as far as pain, that's something for the jury to decide.”
Wilson said she would soon be filing a response to Brotherton's motion, as well as another probable cause report providing evidence about the condition of the goats.
Nataliya Nivens, 41, and her husband Donald Nivens own property in the 276000 block of U.S. Highway 101 in Gardiner, where Jefferson County Sheriff's Office deputies seized 41 animals on June 30 following a six-week investigation.
 |
| Center Valley Animal Rescue Director Sara Penhallegon visits some of the older rescued Anatolian shepherds that are now up for adoption. (Cydney McFarland/Peninsula Daily News) |
It appears that she did not live on this property where the animals were living in squalor (see tax info at bottom of page).
On Nivens' behalf, Brotherton entered a not guilty plea July 20 and demanded a jury trial.
In support of his motion, Brotherton cited the testimony of three “reasonable people” who wrote declarations to the court regarding the condition of the animals as witnessed in the days prior to their seizure.
“I observed the dogs and goats,” Dr. Maxwell Cooper of Sequim, a neighbor and friend of Nivens, wrote regarding his visit to the property on the morning of June 30. “None were malnourished or behaved in any manner suggesting mistreatment.”
Cooper wrote that Nivens “has too many animals” and “needs to sell some,” but also wrote that the charge should be dismissed.
Cooper wrote, “I know she cares for her animals responsibly and with the same love and respect she shares with her own children.”
How many complaints have been filed against this Dr. Maxwell Cooper by patients of his? Clearly he has no clue what humane living conditions means.
At the time of the seizure, Capt. Ben Stamper of the Sheriff’s Office said it was “obvious the entire property was being used to farm puppies.”
Wilson said that while the Anatolian Shepherds, or Kangals, did not have adequate food, shelter or medical care, the conditions they lived in were not as extreme as [some horrific stories of] puppy mills she’s heard of.
“I guess it comes down to what you think a puppy mill is, but she was breeding animals and puppies to sell,” Wilson said.
 |
| Chickens rescued from Nataliya Nivens will not recover entirely from their injuries, but all are happy, healthy and very friendly, according to Center Valley Animal Rescue. (Cydney McFarland/Peninsula Daily News) |
 |
| Goats rescued from Nataliya Nivens in June have made a full recovery and are looking for a good home. (Cydney McFarland/Peninsula Daily News) |
Nataliya Ivanovna Nivens (age 41) and Don Nivens, 253 Coral Drive, Sequim, WA
AAA Star Family Home LLC
registered by Nataliya in 2009, abandoned in 2013.
2015 CERTIFICATE OF DELINQUENCY
ISSUED TO: JEFFERSON COUNTY
FOR: 2012, 2013, 2014 AND 2015 TAXES
DEFENDANT: NIVENS, DON & NATALIYA, HUSBAND AND WIFE
PARCEL NUMBER: 002-333-007
LIEN, CONTRACT OR JUDGEMENT HOLDERS: NONE
DESCRIPTION: The East ½ of the East ½ of the Northeast ¼ of the Southwest ¼ of Section 33,
Township 30 North, Range 2 West, W.M.;
EXCEPT portion conveyed to State of Washington for State Road No. 9 (U.S. 101) by deed recorded under Auditor's File No. 109307.
Situate in the County of Jefferson, State of Washington.
SITUS ADDRESS FOR INFORMATIONAL PURPOSES ONLY: 275064 Highway 101, Sequim
AMOUNT OF COUNTY DELINQUENCY: $ 4,762.10 plus costs
TAX YEAR OWING: 2012, 2013, 2014, 2015
DEFENDANT: NIVENS, DON & NATALIYA, HUSBAND AND WIFE
PARCEL NUMBER: 002-333-009
LIEN, CONTRACT OR JUDGEMENT HOLDERS: NONE
DESCRIPTION: The West ½ of the East ½ of the Northeast ¼ of the Southwest ¼ of Section 33,
Township 30 North, Range 2 West, W.M.;
EXCEPT portion conveyed to State of Washington for State Road No. 9, Blyn-East Section.
Situate in the County of Jefferson, State of Washington.
SITUS ADDRESS FOR INFORMATIONAL PURPOSES ONLY: 275024 Highway 101, Sequim
AMOUNT OF COUNTY DELINQUENCY: $ 5,021.74 plus costs
TAX YEAR OWING: 2012, 2013, 2014, 2015
(PT Leader - Aug 10, 2016)
