Washington: It appears that Nataliya Nivens has been given a deferred animal cruelty sentence in deal with DA's office

WASHINGTON -- The owner of animals seized from a property in Gardiner has entered into a court contract restricting her to one animal.

Nataliya Nivens is the owner of the 1-acre property in the 276000 block of U.S. Highway 101 near Gardiner from which 41 animals — dogs, goats and chickens — were removed in June by the Jefferson County Sheriff’s Office.

The action was the culmination of a six-week investigation after complaints were filed with Sheriff’s Office animal services department.

According to Deputy Prosecuting Attorney Amanda Wilson, Nivens entered into a contract with Jefferson County District Court on Sept. 7. The contract requires that she own no animals except for a personal pet for 24 months and commit no criminal law violations.

“That was the extent of what we could do at the time,” Wilson said.

A restitution hearing is planned Dec. 7 after the Jefferson County Humane Society in Port Townsend and Center Valley Animal Rescue in Quilcene compute how much rehabilitation of animals cost them. Nivens will be required to pay back the money that the shelters spent housing and treating the animals.

According to Wilson, if Nivens is found owning any animals — except for a personal pet the court allowed her to keep — or commits any criminal offenses, the contract will be revoked and she will be subject to animal cruelty charges.

If she were convicted, at minimum, the sentence would be what Nivens is required to do under the current contract — own no animals other than a pet and pay back the shelters — but an animal cruelty charge can result in a fine of up to $5,000 and/or up to 364 days in jail.

Goats rescued from Nataliya Nivens in June have made 
a full recovery and are looking for a good home. 
(Cydney McFarland/Peninsula Daily News)

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)

Wilson said a large fine or jail time is unlikely in this case.

“If she doesn’t comply with the contract, she’ll be convicted,” Wilson said. “However, she has no criminal history, so it’s unlikely that she’d have to do more than what has already been laid out in the court contract.”

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 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.

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)

All of them made a full recovery. Many have been adopted from the Jefferson County Humane Society and Center Valley Animal Rescue.

There are still a number of juvenile and adult Anatolian shepherds looking for homes. Shelter staffs have been working to socialize them with people and other animals.

Center Valley Animal Rescue is also looking for new homes for 11 goats and 17 chickens.

(Peninsula Daily News - Nov 2, 2016)

Earlier:

• Washington: Nataliya Nivens' attorney says she's not an animal abuser
• Washington: Animal cruelty case against Nataliya Nivens may proceed, says judge

Washington: Animal cruelty case against Nataliya Nivens may proceed, says judge

WASHINGTON -- County prosecutors have presented sufficient evidence to try a second-degree animal cruelty case, a district court judge ruled Aug. 19.

Visiting from Clallam County, Judge Rick Porter considered the defense's motion to dismiss the charge against Nataliya Ivanovna Nivens, 41, of Sequim, saying the state had met its burden of proof.

“Of course, I'm dismayed by the judge's decision,” defense attorney Tom Brotherton told the Leader. “As far as I'm concerned, there's almost no evidence of animal neglect.”

On June 30, deputies seized 41 animals – 17 dogs, 16 chickens and eight goats – from Nivens' property in the 276000 block of U.S. Highway 101 in Gardiner following a six-week investigation (that she co-owns with her husband Don Nivens).

Defense attorney Brotherton said investigating deputy Bruce Turner did not report seeing animals in pain during any of his four visits to the property prior to executing a warrant June 30.

“Since there was no pain ... there was no crime,” Brotherton insisted in court.

In order to establish that the Defendant inflicted pain on the animals, a prosecutor must rely on circumstantial evidence rather than direct evidence, deputy prosecutor Amanda Wilson said.

“How do you see pain in an animal?” Judge Porter asked, suggesting a witness could only ever infer the existence or degree of pain based on training, experience or direct evidence.

“Ultimately, this is a jury question,” Porter said.

A pretrial hearing is set for Sept. 7, at which time the court would set a date for a jury trial.

Defense attorney Brotherton filed a motion for a bill of particulars, asking the prosecutor to specify which animals felt pain and how Nivens caused that pain.

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)

Brotherton also filed a motion for the return of Nivens' animals. That motion is to be heard Sept. 16. Wilson said she would oppose the request.

Early in his investigation, Turner reported that “the dogs appeared to be losing weight” and told Nivens she had too many animals in too small an area.

“This looked like a farmyard with lots of space,” Brotherton said.

Judge Porter asked how does someone see pain in an animal. “There has to be something besides, 'I don't like the amount of space.'”

Upon visiting the property June 29 with deputy Turner, veterinarian Jan Richards of Chimacum reported the seven puppies appeared malnourished.

Sara Penhallegon, director of Center Valley Animal Rescue near Quilcene, received those puppies after their seizure and told the Leader they were initially underweight and some were emaciated.

Wilson said Nivens had direct knowledge of the condition in which the animals were living.

“A reasonable person would've known the animals needed medical attention; a reasonable person would've known the animals needed more space,” Wilson said. “I don't know if she interacted with the animals. That's criminal negligence if she didn't even know what conditions the animals were in.”

Chickens and goats 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)

Brotherton said Nivens had been in the process of finding a new place for the animals and expected to move them July 1 into rented dog kennel space.

“She said she would move them as soon as she could,” Brotherton said. “The deputy basically gave her a month. On July 1, she showed up with some friends to move the animals and didn't find anything.”

Defense attorney Brotherton said an apparent lack of food is not enough to support the charge, unless the lack of food can be shown to have caused pain.

“They [deputies] probably caused more harm than anyone else through there strong arm tactics,” he said, noting it took several hours to round up the animals. “I'm very confident it's going to go to trial and the jury will look at the evidence and find her innocent.”

Good luck with that.

(PT Leader - Aug 31, 2016)

Earlier:

• Washington: Nataliya Nivens' attorney says she's not an animal abuser

Washington: Nataliya Nivens' attorney says she's not an animal abuser

WASHINGTON -- A Sequim woman charged with second-degree animal cruelty is innocent, according to a motion to dismiss filed Aug. 4.

“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)

Utah County man ordered to trial for allegedly having sex with dog

UTAH -- A 65-year-old American Fork man has been ordered to stand trial for allegedly having sex with his neighbor’s dog.

Melvin Parley Pace, 65, was charged in July in 4th District Court with five counts of lewdness with prior convictions, a third-degree felony, as well as five counts of bestiality and seven counts of criminal trespass, which are class B misdemeanors.

Following a preliminary hearing on Tuesday, Judge Derek Pullan ordered Pace to stand trial on all 17 counts.

Pace is to appear again in court for arraignment on Oct. 7.

This is the second time Pace has been charged with having sex with his neighbors’ Kangal, a large Turkish dog breed.

In the first case, the dog’s owners aimed a camera at the dog’s run after the gate was left open in December 2013. The footage showed Pace enter the dog run and have sex with the dog, according to American Fork police Lt. Sam Liddiard.

In that case, Pace was charged with two counts each of bestiality, lewdness and criminal trespass, all class B misdemeanors. Pace pleaded guilty in February to two counts of lewdness and the other counts were dismissed. He received a suspended jail sentence and was placed on probation for 12 months year.

This spring, the dog’s run was again left open, so the owners reactivated the camera, according to charging documents.

The footage allegedly showed Pace — who was still on probation in the first case — having sex with the dog on at least seven different occasions between May 20 and June 28, the charges add.

The dog run is in full view and hearing of two city streets, a business and neighboring homes, according to charges.

(Salt Lake Tribune - Sept 25, 2014)

Earlier:

• DA's office thought giving guy sweetheart deal would convince him to stop raping dogs. They were wrong.

DA's office thought giving guy sweetheart deal would convince him to stop raping dogs. They were wrong.

UTAH -- An American Fork man is accused of having sex with his neighbor’s dog and then leaving the dog’s pen open for the dog to escape.

It is Melvin Parley Pace’s second arrest related to allegations of sexual activity with his neighbors’ kangal, said American Fork police Lt. Sam Liddiard. The family put up a camera on the dog’s run after its gate was left open in 2013. The footage showed Pace, a 65-year-old neighbor, go into the dog run, where he had sex with the dog, Liddiard said.

The man was charged in December with two misdemeanor counts each of bestiality, lewdness and criminal trespass but most of the charges were dropped in a plea deal.

He received a suspended jail sentence and was placed on probation for one year for the two lewdness counts.

[They have video evidence of him raping a dog. And they dismiss the charge? This is what is called LAZY, APATHETIC PROSECUTORS who are simply going through the motions to collect their paychecks until they can go into private practice. I'm guessing they handle child rapists the same way.]

In the spring, the dog’s run was left open again, so the family reactivated the camera, Liddiard said.

The footage showed the same neighbor again having sex with the dog. The man was booked into jail on Thursday on suspicion of five counts each of bestiality and lewdness with priors and seven counts of trespassing. The dog run is in full view of the homeowners, neighbors, a neighboring business, a frontage road and a FrontRunner track.

"It’s right out in the open where there’s plenty of people who can see what’s happening," Liddiard said.

The kangal is a large Turkish dog breed. Males typically grow to 110 to 145 pounds, according to the United Kennel Club.

(Salt Lake City Tribune - July 12, 2014)