Friday, July 10, 2009

Massachusetts: Delivery driver John Clayton faces animal cruelty charges

MASSACHUSETTS -- A Missouri man was arraigned today on animal cruelty charges after police said they rescued weak, limp and sick puppies from his van.

John T. Clayton, 44, of Bolivar, Missouri, told authorities he had left from Missouri Monday night, and the puppies had not been walked since then, police said. Police said the puppies were crammed into small cages surrounded by animal waste, filth and flies in a locked box truck parked in front of a Main Street pet store yesterday afternoon.


In Dudley District Court today, Mr. Clayton pleaded not guilty to the cruelty charges. Bail was set at $1,000.

Mr. Clayton's lawyer, Peter C. Lamarine of Southbridge, said in court that Mr. Clayton is being unfairly labeled as an animal abuser. Mr. Lamarine told Judge Neil G. Snider his client comes to Massachusetts each Tuesday and Wednesday to transport animals.

Mr. Lamarine said a U.S. Department of Agriculture inspector recently gave clearance for the shipment of animals. He said the animals were naturally distressed given the commute from Missouri.

Mr. Clayton “has been doing this for one and a half years and grew up on a farm,” the lawyer said. “We're vilifying this gentleman when, frankly, we don't have all the facts yet.”

Assistant District Attorney Scarlett Scannell, noting Mr. Clayton lives out of state, asked for $10,000 bail. She said he is serving a three-year probation term that began this year. His previous offenses include endangering a child and a drunken driving arrest from the late 1980s.

Ms. Scannell told the judge the case is more significant than the dogs lacking water. She noted paramedics transported seven puppies to Webster Lake Veterinary Hospital.


Before his arrest, Mr. Clayton had just delivered 10 puppies to Elite Puppies, 172 Main St., and had delivered nine puppies to Laughlin Kennel in Oxford, according to police. He may have dropped off puppies at some other New England locations as well.

The case unfolded after two people drove by the delivery box truck when it was parked in front of Elite Puppies on Main Street about 2:45 p.m. The two people heard barking dogs and sensed the dogs might be distressed. They flagged down a cruiser in the area and called an animal rescue organization.

Police Sgt. Michaela N. Kelley went to Elite Puppies and spoke with employees.

“From there it went downhill for Mr. Clayton,” Sgt. Thomas V. Ralph said in an interview this morning. Swarms of flies surrounded cages filled with puppies in poor health, according to police reports, and there was animal waste in and around the small cages. Some puppies appeared to limp, and one puppy was completely unresponsive, according to police. There appeared to be about five puppies in each cage.


"When she saw the condition of the puppies, Sgt. Kelley contacted the Animal Rescue League of Boston and the Massachusetts Society for the Prevention of Cruelty to Animals to assist in her investigation. She also called Webster EMS and paramedics to check on the puppies.

About half the puppies were initially taken to the Cummings School of Veterinary Medicine at Tufts University in Grafton, and the others were taken to Webster Lake Veterinary Hospital on Thompson Road. The 10 puppies delivered to Elite Puppies remained in quarantine in the back of the store, according to police.

The owner of Elite Puppies, Jennifer Gardner, said in an interview this morning the store does not bear responsibility for the condition of the dogs. She said the incident has led to death threats against her. Ms. Gardner said the puppies in her store were healthy, and she had no problems with the puppies delivered yesterday. Elite Puppies is a family-run business that deals with private breeders, according to the company's Web site.

“My puppies are fine,” Ms. Gardner said. She has owned the store for three years. She said she has not had problems with the delivery driver and the puppies came with water. “None of my dogs were sick.”

Ms. Gardner declined the Telegram & Gazette's request to have photos taken of the puppies delivered yesterday. Board of Health officials inspected the store yesterday, and officials from the state Department of Agriculture are conducting an investigation of the store today, according to authorities.

Sgt. Kelley said Mr. Clayton last night declined to answer questions about the puppies without a lawyer present.

MSPCA Officer Christine Allenberg was the first to arrive at the scene. Lt. Alan Borgal, director of law enforcement for the Animal Rescue League of Boston, later mobilized a team to respond, including Dr. Martha Smith, who performed onsite veterinary evaluations, according to Animal Rescue League spokeswoman Jennifer Wooliscroft.

She said all 27 puppies were transported overnight to an undisclosed Animal Rescue League hospital in Boston, where they will remain for the time being.


The puppies are primarily designer and toy breeds, according to Ms. Wooliscroft, and there was one Weimaraner. She said the condition of the puppies is still being assessed. Most of the puppies appeared to be about 5 weeks old, according to authorities.

“It's too soon to tell their condition,” Ms. Wooliscroft said. “No water, no sanitation — they seemed weak and dehydrated.”

A clerk magistrate went to the scene and a search warrant was issued, according to police. There were at least 51 tags in the van, and Sgt. Kelley said there may have been 51 puppies when the van left Missouri Monday night. Police seized 24 puppies yesterday that had not yet been delivered. The puppies came from different states, according to the information on the tags.

Mr. Clayton allegedly told Sgt. Kelley that he had been on the road since Monday night, and the puppies had not been walked since then.

Puppy Ship is the name of the Missouri-based company that brought the puppies to New England, police said.

 
 

A manager at Laughlin Kennel in Oxford, who would only identify herself as Christine P., said nine puppies from the same van were delivered about 8:30 p.m. Tuesday. She declined to give her last name.

“The driver really does a great job for us,” Christine said. “We haven't ever had any issues with him.”

Interesting that she would vouch for him considering in 2015, this was posted, calling Laughlin Kennel a hell hole: "Former Laughlin Kennel Employee Shares Horrific Videos, Images With Turtleboy"

 
Hell hole: Laughlin Kennel

She said he brought a huge water jug for them to fill Tuesday night. The manager said the Oxford kennel typically gets a delivery of puppies from Puppy Ship every week.

“As far as I know, he picks up puppies from Missouri,” Christine said. “Wow, it freaked me out when I heard this; we never have any issues with him.”


The manager said any dogs delivered to the kennel are quarantined for two days and a veterinarian checks them before they are put up for sale.

Todd Davis, a representative of Puppy Ship, was in court this morning awaiting Mr. Clayton's arraignment. In a telephone interview, Mr. Davis said he planned to post bail for Mr. Clayton.

Puppy Ship is a USDA-licensed company, according to Mr. Davis. He said there are strict guidelines for providing animals with adequate water, food, ventilation, adequately-sized cages and clean conditions. He said Mr. Clayton is a longtime driver for Puppy Ship.



“All these things we followed and we try to go above and beyond,” Mr. Davis said. “We are inspected on a regular basis and we have never had an issue.”

Mr. Davis said he was treated hostilely by the animal rescuers, and not permitted to go near the truck to care for the puppies.

“I think we are a target of a very sensational group of folks who are offended with anything to do with puppies,” Mr. Davis said. “I am really disappointed in what went on here.”

Authorities took custody of the truck.

“We'll fight this on the grounds of an illegal search,” Mr. Davis said. “All of us care very much for the welfare of animals.”

(Telegram - July 9, 2009)

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