Owner makes excuses for his Golden Retriever's condition

CANADA -- The owner of a dog so malnourished it was described as a "walking skeleton" by the B.C. SPCA told CTV News Wednesday that he didn't realize how thin the golden retriever was until he shaved him.

The Maple Ridge, B.C., resident, who asked to be identified only as Mike, said that he brought two-year-old Buddy to the local SPCA in a bid to save his life.

"I didn't want him to die. I care about animals," Mike said, who also owns a second dog.

He said he was feeding Buddy regular dog food. "For some reason this one wouldn't put on any weight. Occasionally he made a mess on himself in his cage when we were out."

Mike said that he tried to shave the dog because he could not get him clean. "I didn't realize how thin he was until I started shaving him," he said.

"One day he collapsed in front of his cage and that's when I brought him in."

When Mike handed over the dog to the shelter, he claimed to have found it by the side of the road.

Mike said Wednesday that he didn't take the dog to a veterinarian because he had lost his job and didn't have the money to care for two dogs. He explained that he didn't identify himself to the shelter because he was scared of the consequences.

The B.C. SPCA is recommending criminal and animal cruelty charges against two people for the neglect of the dog, which was turned in on February 28.

Crown counsel has yet to approve the criminal and animal cruelty charges for permitting an animal to be in distress.

Under the criminal code, a conviction on that charge carries a possible jail sentence of six months, according to SPCA senior animal protection officer Eileen Drever. "That very, very rarely happens, unfortunately."

She said that the SPCA is hopeful that Buddy's owners will be given a lifetime prohibition against caring for animals.

Buddy weighed 10.5 kilograms when he was brought in, roughly a third the weight of an average golden retriever. Staff members on hand were shaken by the dogs appearance, Drever said.

"I've seen dogs in this condition before, but they have been dead; they've not been alive," she said.

The dog's owner describes himself as a caring man, and says he's been saddened by what's happened.

"I didn't think he was that bad off," he said.

"I'm praying every day that that dog makes it and eventually finds a good home."

(bc.ctvnews.ca - March 10, 2010)

Boy injured by his own neighbor’s dog

WEST VIRGINIA -- An 8-year-old boy was rushed to Beckley Appalachian Regional Hospital Sunday after being bit by a dog in front of his Cobbs Street residence.

 The victim’s father, Shane Stines, says that although the animal was removed following the incident, he fears its return to his neighbor’s property.

 “My three kids were out front and my wife was shoveling a patch of our driveway,” Stines said Tuesday. “The dog got loose and came after my daughter first before my neighbor grabbed him and tied him back up.”

 According to a report from Stines, only a few moments passed before the pit bull mix was back and his son had suffered approximately seven puncture wounds to his calf.

He said the dog took off when he hit him in the back with a shovel.

 “The dog was picked up and taken to the animal shelter, and a citation was issued to its owner,” Raleigh County animal control officer Howard Vest said. “What happens next depends on a few things.”

 Vest says the animal must be confined 10 days, but if it does not have rabies, they will talk to the owner to decide where to go from there.

“Dogs bite for different reasons,” the officer said, “so I can’t say anything specific about this situation.”

 After speaking with the Raleigh County prosecutor’s office, Stines says he understands there is nothing he can do to the animal unless there have been at least two documented attacks.

John Gallaher, an assistant prosecuting attorney, said he learned in law school that the first bite is often “free.”

 “I am not saying there must be two bites, per se,” he explained, “but that’s what we usually go by because the owner has to have actual knowledge that his dog is vicious before any kind of legal process can be brought.”

The statute does state, however, that it is unlawful to keep any dog that has been declared vicious or has a habit of biting.

 “There just has to be some kind of evidence beforehand to put the owner on notice,” Gallaher added.
“It would probably take more than one incident of two bites, but I don’t have all the facts in front of me, so even this incident could lead to petition.”

 The attorney says to his understanding there is a vicious dog petition where the state can proceed to take possession of a dog and force its destruction, as well as a criminal aspect.

 “If an individual is harboring a vicious dog, he or she could face jail time,” Gallaher said. “That’s when it comes in that the owner must have previous knowledge.”

 Again, he says nothing is set in stone and each case has its own factual basis.

Stines said he just wants to make sure the dog does not return home.

 “There’s just too many children in the area,” he said.

 “Sunday was a nice day, the first time the kids could come out and play, and the dog went completely nuts. I can’t imagine what it will do when they’re all playing outside in the summertime.”

(register-herald.com - March 9, 2010)

Maine: Jury convicts Carol Murphy of animal cruelty, assault on a state trooper

MAINE -- It took a Franklin County jury 30 minutes on Wednesday to find Carol Murphy guilty of animal cruelty and of assaulting an officer with a stun gun.

The New Sharon woman was also found guilty of refusing to submit to arrest and criminal use of an electronic weapon.

A discussion on sentencing and possible criminal contempt of court charges is set for 9 a.m. today in the Franklin County Courthouse.

Murphy was arrested in October for unpaid fines. The following day, animal-welfare officials seized more than 40 animals from her home.

During the trial, Murphy, 65, repeatedly interrupted the proceedings, calling it a “kangaroo court” that had no jurisdiction over her.

She accused Justice Michaela Murphy of acting illegally by not stepping down after being named in a lawsuit Carol Murphy says she filed in U.S. District Court in Boston last month.

The lawsuit, according to Carol Murphy, claims the judge, the district attorneys, the police and state animal-welfare workers are running a criminal racket to make money from seizing her property and animals.

“You are a criminal and are conducting this court as a racketeering enterprise,” Carol Murphy told the judge.

At one point, Carol Murphy called for the justice’s arrest for violating the law.

“Someone call (Franklin County Sheriff Dennis Pike) in here to arrest this b—-,” she said when the jury was out of the courtroom.

During the trial, Carol Murphy, who represented herself, also interrupted Justice Murphy and attempted to talk over her; refused to stand for the jury; and during testimony, was either reading a book or whispering to her standby counsel, George Hess.

Then at 11:30 a.m., without comment, Carol Murphy abruptly stood up from the defendant’s table, gathered her papers and walked briskly out of the courtroom and into the adjoining conference room.

The unexpected move caused a commotion among the extra state security officers, two court bailiffs and corrections officers assigned to the trial.

At that point, Justice Murphy called for a lunch recess, but an hour later, Carol Murphy reportedly refused to return to the court from the Franklin County Detention Center.

Jail Administrator Douglas Blauvelt testified he spoke to Murphy in her cell and that she refused to go back to the courtroom.

The judge, referring to state rules and case law, found that the trial could proceed without the defendant present.

In a related action, Chief U.S. District Judge John Woodcock, in a Feb. 18 order, found that Carol Murphy had filed nine cases in federal courts and that each civil action involved her long-standing dispute with state and municipal officials regarding her treatment of animals.

“She has lost at every turn. Rather than accept the judgments of her fellow citizens, she has concocted conspiracy theories, made wild allegations … and has caused the state and federal governments to expend untold time and money defending against her meritless claims,” Woodcock wrote.

He said the law has found that suing a judge does not automatically disqualify them from a case.

“Ms. Murphy has consistently abused her right to access to the courts by repeatedly and unsuccessfully suing … state and municipal officials and then threatening to sue and suing federal judges who conclude her frivolous lawsuits lack merit,” he wrote. “This must stop.”

Woodcock ordered that Murphy not file any lawsuits in U.S. District Court, District of Maine without prior permission.

According to Assistant District Attorney James Andrews and testimony from several witnesses, on Oct. 14, Murphy zapped Maine State Police Trooper Aaron Turcotte on his neck with a 975,000-volt stun gun when he attempted to arrest her on a warrant for unpaid fines.

“This doesn’t occur during a struggle or argument and he has not laid hands on her,” said Andrews. “This was a premeditated attack, a surprise attack designed to disable the trooper.”

Murphy was also carrying a four-inch, double-bladed knife that was found when she was searched at the jail, he said.

Turcotte was also investigating a report that Murphy possessed animals in violation of a lifetime ban following her 2005 conviction of animal cruelty.

The next day, the Maine Animal Welfare Program executed a search warrant and seized 45 animals at Murphy’s home that were described in court as being emaciated, dehydrated, isolated, sick, living in feces-covered cages and without proper care.

(Press Herald - March 4, 2010)

Earlier:

• Maine: Carol Murphy, convicted of animal cruelty, uses Taser on state trooper

Charges dismissed; original owner Shauna Jenkins wants Pomeranians back

LOUISIANA -- In September of 2007, a Baton Rouge woman was arrested when officers learned she was illegally kenneling more than three dozen Pomeranians in her home.

A couple out of Dallas, Texas adopted 29 of the dogs, but now the original owner wants them back.

Whether that is even possible all depends on paperwork and a judge. As it stands, Gail Bertrand, who lives in Dallas, owns seven of the dogs. She says the remaining 22 were spayed or neutered and are now living in new homes. Their previous owner, Shauna Jenkins, demands that all of the dogs be returned.

A group of East Baton Rouge animal control agents rescued 38 Pomeranians from a house on Annebell back in September of 2007. The dogs' caretaker, Shauna Jenkins,was busted for felony theft.

Detectives said she accepted $5,000 for a dog, but never delivered. East Baton Rouge Animal Control Director, Hilton Cole, described what agents saw when they went inside the home.

"There was fecal material lying around, urine around, messy cages, dirty cages," said Cole.

After the dogs were seized, they were put up for adoption. The felony theft charge was dismissed. Jenkins pleaded guilty to violating a city-parish ordinance and criminal mischief, and was put on probation for a year.

What about the 38 counts of animal cruelty? What did they do about those???

Jenkins recently filed a lawsuit in Johnson County, Texas to get the dogs back.

The suit states that Gail Bertrand agreed to "keep the animals on a temporary basis ... to avoid the animals being collected by a local SPCA agency."

Jenkins also alleges she and Bertrand agreed "the dogs would be returned immediately when she demanded."

Cole said there was always a question of ownership.

"I'm not sure Shauna's records indicated who owned what," said Cole. "I don't think she had record, per se."

Jenkins' neighbors said she has not lived at her house in about a year.

Jenkins at the time of her arrest in 2007

Cole was surprised by the lawsuit, but feels Jenkins may have learned her lesson.

"I think if Shauna was not overwhelmed with the amount of dogs in her custody or owned, her heart is in the right place," Cole said. "No doubt she loves her dogs. If she had the means to take care of the animals, I have a feeling she would rise to the occasion."

Bertrand's attorney, Ron Roberts, said by phone today that the suit was filed after he filed for declaratory judgement on his client's behalf. Roberts said the two suits have now been consolidated.

Jenkins' attorney did not return calls.

(WAFB - March 3, 2010)

Earlier:

• Pomeranian breeder Shauna Jenkins, 38, charged with theft and 38 counts of animal cruelty

Broadmoor man is sentenced in animal cruelty case

LOUISIANA -- A Broadmoor man will have to serve a 45-day sentence after he pleaded guilty last month to animal cruelty, according to the Louisiana SPCA, which helped investigate the case.

William Jackson, whose age and address were not immediately available, owned a German shepherd that weighed just 38 pounds, the agency said. Typically, such dogs weigh between 62 and 80 pounds.

The agency released a picture in which the dog's ribs were clearly visible.

It was the second time in two years that Jackson was charged with animal cruelty, the agency said.

Last year, the city attorney's office declined to prosecute a case against him that was investigated by the SPCA.

The dog is now in the care of a foster family, and he has already become much healthier and heavier, pictures distributed by the SPCA show. The shepherd weighs 75 pounds now, the agency said. The SPCA is looking for a permanent home for the dog.

Along with having to serve a 45-day jail term, Jackson was ordered to pay a $684 fine. He also is barred from owning animals in the future, save for fish, according to the SPCA.

(The Times-Picayune - March 2, 2010)

Memphis police officer faces animal cruelty charges

TENNESSEE -- A Memphis police sergeant is charged with animal cruelty after animal control officers found two starved dogs in her back yard.

Betty Carter

Sergeant Betty Carter has been charged with two counts of cruelty to animals and two counts of failure to obtain licenses.

The charges come after the Memphis Animal Shelter received a recent call about dogs running loose at the officer's home on Aldie.  When the animal control officer arrived at Carter's house, she did not find dogs running loose, but neighbors urged her to look in Carter's back yard. There, the officer found four dogs chained up.

Two of the four dogs were so starved they had to be put down.

Carter was cited on city charges, but animal rescuers say the dogs were in such bad condition, they may be upgraded to state charges.

Meanwhile, the Memphis Animal Shelter will not return Carter's two other dogs to her.

The failure to obtain license charge was because the dogs did not have rabies shots.

Memphis Police say the internal investigation is ongoing at this time and that Carter remains on non-enforcement status.  She will go to trial on April 19th.

(WMC - March 1, 2010)

Deer Rescued by Wellesley Police and Fire

MASSACHUSETTS -- Wellesley Police and firefighters were sent to the corner of Glen Road and Springdale Road for an unusual call on Sunday, February 28, 2010. A resident reported that a deer was trapped in a muddy pond at the rear of a residence.

Arriving officers and firefighters found a deer stuck in very thick mud. The mud, snow and ice had recently thawed and was several feet deep. The deer’s rear legs had sunk and were not visible. The animal appeared injured, and struggled to keep its head out of the mud. The deer was clearly not able to free itself, so rescuers went to work.
 

Sgt. Glen Gerrans stabilized the deer’s head, while members of the Wellesley Fire department secured gear to assist in the extrication. Sue Webb, the animal control officer, and members of the Boston Animal Rescue League also responded to the incident to lend their expertise.

Rescuers themselves were hindered by the deep, thick mud and lack of footing as they entered the flooded pond. Wellesley Fire Lieutenant Chuck DiGiandomenico, wearing a survival suit, managed to dig a hole underneath the animal and attach a rope line to the deer’s midsection.

Lt. DiGiandomenico then was able to dig and clear some of the mud away, breaking the suction of the mud. With the help of other rescuers, the team then physically pulled the deer out of the mud and on to dry land.

Wellesley Fire Lieutenant Chuck DiGiandomenico works to free the deer.

A cheer went up through a small crowd that had gathered on Glen Road to watch the rescue as the deer was pulled free. Wellesley Police officers and firefighters then put the animal on a stretcher and carried the deer through the woods and across a stream to a waiting Boston Animal Rescue League vehicle.

The deer was going to be evaluated for injuries at the Rescue League.

(Wellesley Police - Feb 28, 2010)