Tuesday, December 31, 2002

Colorado: Former Animal Control officer says dogs that attacked Garrett Carothers had history

COLORADO -- A former animal-control officer for the Pagosa Springs development where an 8-year-old boy was mauled by two dogs says she cited the pets’ owner for dogs being at large when she worked there.

Helena Grandquist – who said she was fired from her job with the Pagosa Lakes Property Owners Association in October – said the property-owners association was "grossly negligent" in how it handled problem dogs.

"It was totally preventable," Grandquist said. "I could have prevented it if I had been allowed to do my job."

Garrett Carothers was mauled by two dogs Dec. 23. Hoping to go sledding, Garrett walked from his Canyon Circle house in the Pagosa Vista subdivision to a friend’s home across the street.

On his friend’s porch, he knocked on the door about 1 p.m.. No one answered. As Garrett walked off the porch, a pit bull and a Rottweiler-retriever cross attacked him, pulled him off the porch and dragged him 30 feet across the street to his front yard. Passers-by pulled the dogs off the boy.

Walt Lukasik, general manager of the Pagosa Lakes Property Owners Association, confirmed that Grandquist worked for the association for about three years and that she left in October. He would not comment on her allegations against the association or why she left her job.

Capt. Bob Grandchamp, lead investigator for the Archuleta County Sheriff’s Office, formerly served on a committee that reviewed animal-control citations for the Pagosa Lakes Property Owners Association – a committee that Grandquist charges showed favoritism and routinely overturned citations.

Grandchamp on Monday suggested Grandquist is a "disgruntled employee."

Meanwhile, Garrett was released from Mercy Medical Center on Saturday. Garrett underwent 10 hours of surgery at Mercy the day of the attack. His scalp was reattached and his face sewn back together.

Garrett’s left ear was almost torn off, his mouth droops on one side, one eyelid does not close properly, and nerve damage is suspected. Garrett’s family has appointed his aunt, Deanna Hockett, as family spokeswoman after receiving advice from an attorney not to discuss his case.

The family is considering legal action.

Steve Benson, who lives two houses from where the attack happened, said his 9-year-old son, Daniel, was bitten on the legs, buttocks and arms by the dogs suspected of attacking Garrett about three weeks before the mauling. The bites didn’t break the boy’s skin, Benson said.

"We didn’t report it," Benson said. "We chose to talk to the people individually. That was the first indication that we’d better watch out for those dogs. Unfortunately, we chose to talk to the owners instead of the authorities."

Sandra Schultz, mother of the dogs’ owner, denied in a Monday telephone interview that anyone ever talked to her about the dogs biting a child.

Grandquist, who now works as an animal-control officer for La Plata County, said she worked for the homeowners’ association from September 1999 until October. She said the homeowners’ association was uneven in its enforcement of covenants governing animals.

"There’s just numerous cases where they let people off with dangerous dogs," she said. "It depends on how nice these people’s houses are – if they’re rich. All I wanted to do was do public safety, and they sabotaged my efforts at that all the time."

Grandchamp, the sheriff’s investigator, denied the appeals board showed favoritism.

"We listened to the complaint," he said. "Listened to both sides, and then we made a panel decision. We overturned some of (Grandquist’s citations), but there was extenuating circumstances."

It was the practice of the homeowners’ association to warn property owners rather than pet owners, Grandquist said. So she dealt with Schultz rather than Schultz’s son, Grandquist said.

"She always complied," Grandquist said. "She always put the dogs up. She tied them up, and she got them rabies vaccinations. She did the best she could."

Grandquist said if she had been allowed to do her job then she would have warned Schultz again, and the problem would have been fixed before the attack on Garrett. But she said she was not allowed to patrol the area where the attack occurred.

"It’s gross negligence on the part of the Pagosa Lakes Property Owners Association," she said. "They were so focused on trying to get rid of me that they were negligent in not letting me patrol that area."

Monday, November 25, 2002

New Jersey: Judge orders Joan Byron Marasek's tigers to be sent to Texas

NEW JERSEY -- After almost four years of legal wrangling, a New Jersey judge has ruled that the state Department of Environmental Protection could begin moving 24 tigers to a sanctuary in Texas from the private preserve run by the woman widely known as the Tiger Lady.

The judge said the woman, Joan Byron-Marasek, had had "by any definition, a reasonable time" to argue her case against moving them. But Byron-Marasek can still appeal the ruling.


The order by Judge Eugene D. Serpentelli, of Superior Court in Toms River, could end one long chapter of the state's fight to close the Tigers Only Preservation Society in Jackson Township, which began after a Bengal tiger was found roaming the nearby woods in January 1999. The 430-pound cat was shot and killed by the authorities.

Although it was never proven that the animal belonged to Byron-Marasek, who owns and operates the preserve, the state revoked her permit to keep the tigers, saying conditions there were inadequate.

Byron-Marasek said she was unhappy with the decision to move the tigers to the Wild Animal Orphanage near San Antonio. As she has for months, she continued to criticize the sanctuary, which the state chose.

"It is tantamount to taking children who are happy and healthy and loved and putting them in the home of a known child abuser and rapist," she was quoted as saying.

Carol Asvestas, the director of the San Antonio preserve, said that because of Byron-Marasek's complaints, many agencies had inspected the sanctuary in recent months, and all had given it their approval.

State officials said it was too early to discuss the details of the move, or even when it would begin.

"Our foremost concern is for the public safety," said Amy Cradic, a spokeswoman for the state Department of Environmental Protection. "We also are concerned about the humane treatment of the animals, and we want to ensure that they are transported safely."

Asvestas said she was relieved at Serpentelli's decision, but expected Byron-Marasek to appeal. "Hopefully," she said, "we'll get the animals by midyear next year, maybe a little bit sooner. We could do it in four to six weeks. It's the legal issues that could take longer.

"But we're ready," she said. "I think it's time. These animals need to be situated in a better place, and they need to stay together."

 
 
 

She said the Tigers Only Preservation Society was never an adequate place for wild animals, especially because Byron-Marasek tended to treat them as pets. Byron-Marasek's husband, Jan Marasek, 70, was attacked by one of the tigers on Oct. 11 and was hospitalized for a week with injuries to his head, face and upper left arm.

"I believe Joan and her husband had a very false sense of security around those animals," she said.

"They want to treat them like little kitty cats. They're not. They're dangerous and wild, and you have to be able to control them. He's lucky to be alive."

In a 40-page ruling, the judge detailed the long legal dispute that pitted the state against Byron-Marasek, who has housed the tigers on her property for almost a quarter of a century, since long before housing developments and shopping centers hemmed in the preserve. After the state environmental commissioner determined almost two years ago that it should be closed, Serpentelli said his only tasks were to determine who would move the tigers, and where.

(Baltimore Sun - November 24, 2002)

Earlier:

Sunday, November 17, 2002

California: Michael Caldwell gets five years probation after his Pit Bulls mauled ten-year-old boy to death

CALIFORNIA -- A judge sentenced one of the owners of the dogs that mauled a Newberry Springs boy to death in 2000 to five years probation in accordance with a plea bargain Friday.

Barstow Superior Court Judge James Dorr ordered Michael Dean Caldwell, 40, of Las Vegas serve five years supervised felony probation for owning a dog trained to attack.

He and co-defendant Gilbert Garcia owned the two pit bull mixed-breed dogs that killed 10-year-old Cash Carson.


Cash died on April 29, 2000, after caretaker James Chiavetta unchained one of the dogs he was paid to care for and let it run loose on in the yard at the 36600 block of Newberry Road — property owned by Caldwell and Garcia .

Chiavetta, 54, was implicated in the death because Garcia and Caldwell hired him to live on the property and care for the dogs. A jury convicted him of involuntary manslaughter. He was sentenced to a four-year prison term in May 2001.

Chiavetta died of heart disease a year later at Riverside County Regional Medical Center.

Caldwell pleaded no contest to the charge as part of a plea agreement with the district attorney’s office.

Supervising Deputy District Attorney Gary Roth said he was forced to strike a deal when Chiavetta died.

“The death of Mr. Chiavetta eliminated a essential part of our case,” Roth said. “That is why we had to resolve the case short of trial.”

Caldwell told probation officials Cash’s death will always haunt him.

“This burden will be on me the rest of my life,” he told Probation Officer Pete Bockman, according to Bockman’s report. Bockman wrote, “He feels like this incident in question was a tragic accident that has ‘ruined (their) lives.’”

Caldwell told probation officials that he instructed Chiavetta to keep the dogs chained and behind the fence because the animals were not neutered.

“This officer cannot accept Mr. Caldwell’s explanation,” Bockman wrote in his report. “There are conflicting statements as to the degree to which Mr. Caldwell understood how dangerous the dogs might be and to the degree to which he is responsible for their conduct.”

Bockman’s report contends Caldwell had some idea that these dogs could harm others.

“It is felt, based on all the information available, Mr. Caldwell knew the dogs were potentially dangerous and that is the reason he had instructed Mr. Chiavetta to see the dog (Bear) was chained and that he supervised the dog whenever the dog was allowed off the chain,” according to Bockman’s report.

The probation officer noted that Caldwell has no prior criminal record and did not intend for the dogs to hurt anyone.

“Despite the tragic nature of this case, and the above information regarding the defendant, it is felt the plea bargain agreement is appropriate,” according to Bockman’s report.

During his interview with probation officials, Caldwell admitted to occasionally using marijuana.

His lawyer, Ronald Lewis requested his client not be forced to submit to drug testing as a term of probation.

“There was no use of drugs involved in this matter,” Lewis told the court.

Supervising Deputy District Attorney Gary Roth said since Caldwell admitting using marijuana, drug testing should be a term of probation.

Dorr agreed.

“It is appropriate to control drug usage even if it is seldom,” Dorr said.

Probation terms include paying $6,515 plus 10 percent for victim restitution, serving 60 hours of community service, refraining from owning dogs and meeting with a probation officer every two weeks, according to Bockman’s report.

The dogs, named Bear and Louise, have since been destroyed, according to probation officials.

Co-defendant Gilbert Garcia is slated to appear in court next month.

Garcia was recently injured in a motorcycle accident and unable to come to court.

Note: In December 2002, it appears that Michael Carson, Cash's dad, was awarded a judgment of $750,000 against the Pit Bull's owners Michael Caldwell and Gilbert Garcia. 

(Desert Dispatch - November 16, 2002)

Earlier:

Friday, October 4, 2002

New Jersey: Falena Felman, charged with animal cruelty

NEW JERSEY -- Falena Felman aka Lorisa Falena aka Falena Lorisa. Unable to locate any additional information.

Mugshots.com ID: 30221902
Sex: F
Race: BLACK
Height: 5′ 9″ (1.75 m)
Weight: 130 lb (59 kg)
Hair Color: BLACK
Eye Color: BROWN
Complexion: OLIVE
DOB: 10/26/1972
Marital Status: SINGLE
State ID: 224928FB1
FBI: 304143C
Booking Number: D-68731
Permanent ID: D-68731
Current Location: MAIN
County: WOOD-RIDGE
Commitment Date: 9/03/2008
Release Date: 9/05/2008

10/04/2002
Case: W02-1622-269
Charge: ANIMAL CRUELTY - TORTURE, MUTILATE OR KILL A LIVING ANIMAL (FELONY, 1ST DEGREE)

Tuesday, September 3, 2002

Wyoming: Vikki Kittles, whose hoarding cases in Oregon prompted new laws protecting animals, is arrested again; accused of animal cruelty in Wyoming

WYOMING -- Notorious animal collector Vikki Kittles is back in court, facing misdemeanor charges in Wyoming related to more alleged animal neglect.

Kittles is charged with leaving livestock at large and breach of peace, stemming from incidents that followed local authorities' seizure of a trailer in which she was keeping four dozen cats in cruel conditions. She faces trial Oct. 31 in a Laramie County court in Cheyenne.

Vikki Rene Kittles (also known as Susan Dietrich, Rene Depenbrock, Renee Depenbrock, and Lynn Zellan) gained national attention when she was prosecuted in Clatsop County several years ago for keeping more than 100 dogs in a dilapidated school bus.


In her latest brush with the law, Kittles is accused of leaving six horses tethered to a fence alongside a rural road. She was also ticketed for breach of peace after she reportedly shouted profanities during an confrontation at the state capital in Cheyenne. Both are misdemeanor charges.

According to local news accounts, the latest case began last May when Laramie County Sheriff's personnel impounded a small camping trailer owned by Kittles that contained 48 cats. 

All the cats were found to have ear mites, some had sores that were slow to heal, and one was euthanized because of ringworm, but after an investigation by the sheriff's department into possible animal abuse, no charges were filed.

The cats are being kept at the Cheyenne Animal Shelter, and the horses, some of which were reported to be in marginal health, are being kept at a livestock boarding facility. Kittles was told she would have to pay fees and veterinary costs totaling thousands of dollars to get the animals back.

In return, she has filed a motion accusing county authorities of harming the animals.

Craig Jones, assistant district attorney for Laramie County, said the breach of peace charge carries a possible sentence of up to six months in jail and a $750 fine. The livestock charge carries only a possible fine of up to $750. There is a possibility that some charges could still be filed over her treatment of the cats, he said.

Kittles' dealings with authorities in Wyoming date back to 1997 when she was evicted from a trailer home in Rawlins where she was living with 74 dogs, which were impounded. 

Not long after, she was pulled over in a car that was carrying 40 cats, five dogs and one rabbit, all of which had to be euthanized due to poor health.

Animal cruelty charges were filed against Kittles, but later dropped.

Kittles first came to national attention in 1993 when she was found living in a filthy school bus in Brownsmead that contained 115 dogs, four cats and a chicken. 

She was convicted in early 1995 of 42 counts of animal neglect and given a seven-month jail sentence.

Kittles dragged out her Clatsop County case for almost two years with endless motions and delays, and appears to be using similar tactics in Cheyenne, where she has already had one judge removed from her case and demanded that no public defender be appointed to represent her.

Along with the motion accusing staff of the county animal shelter of mistreating her cats, she also filed a civil rights suit in federal court against a number of local officials over the impoundment of the animals.

Laramie County officials have been dealing with Kittles for four or five years, said animal shelter director Bill Hein.

Kittles, who has used the names Renee Depenbrock and Susan Dietrich, follows a familiar pattern of getting people to let her stay on their property while she collects animals until they're finally prompted to call police.

Most recently Kittles kept the trailer with the cats at a home south of Cheyenne for almost a year before she was told to move on.

"She accuses us of harassing her, but the only time we go out and deal with her is when someone scared out of their wits calls and says, 'get her out of here,'" he said.

The Clatsop County case prompted tougher animal-abuse legislation in Oregon, and a similar effort is under way in Wyoming to make animal cruelty a felony, thanks to Kittles and some other high-profile cases.

Kittles remains at large pending her trial. Hein said she's been seen driving around Cheyenne in a dilapidated car with several animals inside.

"She's started collecting them again," he said.

(Daily Astorian - September 3, 2002)

Earlier:

Sunday, August 25, 2002

Washington: Peggy Noblitt moved out of her subdivision rather than abide by their HOA rules regarding her pit bull

WASHINGTON -- Pit bull owner Peggy Noblitt has moved out of Issaquah Highlands after a long battle with the homeowners' association.

But Noblitt, who now lives with her dog, Blu Gator, in an apartment complex in downtown Issaquah, still insists her civil and constitutional rights were violated when Issaquah Highlands banned pit bulls. She isn't dropping her lawsuit against the association.

Blu Gator's owner says she has more than lawsuits to worry about, however. Her home is up for sale, she and her boyfriend broke up -- and, she says, she's 4½ months pregnant.


As an about-to-be single mother, she hopes her lawsuits will lead to a financial settlement.

"This has cost me everything," said Noblitt.

Among others, she's suing the president of the homeowners' association and the president of the development company, Port Blakely Communities.

Noblitt acknowledges that state law allows breed-specific bans, but she says due process and procedural guidelines were ignored when the ban was implemented.

"You cannot do it in the way you did it," is how Noblitt summarizes her claim against Issaquah Highlands.


When the ban was first enforced in March, Noblitt and Blu Gator were already living in the development. The homeowner's offered to "grandfather" in Blu Gator if Noblitt met certain conditions.

Among other things, the pit bull needed to be muzzled, spayed, kept in a secure kennel and covered with a $250,000 liability insurance policy.

Noblitt refused.

The rationale for special treatment of specific breeds is based on the assumption that certain dogs are genetically more predisposed to lethal attacks.

In a special report issued by the American Veterinary Medical Association in 2000, 27 people died from dog bites in 1997 and 1998.

According to the report, "pit bull-type" dogs and Rottweilers were responsible for around 60 percent of the deaths.


Asked if she would be comfortable having her new baby and a 60-pound pit bull living in the same apartment, Noblitt was unequivocal.

"Absolutely," Noblitt said. "They are wonderful with children. Petey, on Little Rascals, was a pit bull."

(Eastside Journal - August 24, 2002)

Earlier:

Friday, August 2, 2002

Florida: Andrew Bloom, 69, was charged with animal cruelty back in 1994. Now he's been caught hoarding more than 300 starving animals

FLORIDA -- An elderly rancher was charged with 32 counts of animal neglect after Miami-Dade police said they found more than 300 malnourished horses, parrots, llamas, deer and ducks on his 10-acre farm.

Andrew Bloom, 69, was arrested Wednesday and released Thursday morning on $96,000 bail.

Neighbors have filed several complaints over the past 10 years about the condition of Bloom's animals, said Sgt. Sheree DiBernardo of the Miami-Dade Agricultural Unit.

Officers were able to obtain a search warrant Wednesday after a veterinarian reported that malnourished horses could be seen on the property, DiBernardo said.

A detective found horses with visible rib cages, unlicensed deer, exotic birds and potbellied pigs living on the property, DiBernardo said.

The ranch was littered with animal feces, animal skulls and stagnant watering holes, she said.

REPEAT OFFENDER
Bloom was acquitted on similar charges in 1994, records show.

(Sun Sentinel - August 2, 2002)