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Animal Cruelty: When Justice Fails (Part 2)
Posted by: jn at 2:51PM MT on July 20, 2009
Continued from Animal Cruelty: When Justice Fails (Part 1). Cases 8-14:
Jan 24, 2006 Offender: Kelly Sondeno/Safe Harbor Rescue, Fromberg, MT - Carbon County Defense Attorney: Steve Thuesen Case (Pets/Dogs/Cats/Horses): Following up on complaints, investigators found an estimated 50 dogs and 75 to 100 cats, many with obvious health problems and infectious diseases, many receiving substandard care. The situation for the cats was termed "teetering between unrestricted feral cat colony and a typical cat hoarder situation" by the regional HSUS director. Four cats were removed for custodial care and six horses were identified for custodial care. Charge: (1) Count Felony Aggravated Animal Cruelty. Plea: Pleaded not guilty. Sentence/Outcome: Pretrial diversion agreement (basically dismissal) that deferred prosecution on the felony charge if Sondeno adhered to a list of conditions. The agreement stipulated that Sondeno could continue operating Safe Harbor for the purposes of animal rescue, sheltering and adoption. She is, however, limited to a maximum of 30 dogs and 60 cats - and a "reasonable number" of personal pets - on site. As part of the agreement, Sondeno must permit announced inspections of the facility, as well as veterinary examinations of the animals there and she has three years to make improvements at the facility. -------------------- March 16, 2007 Offender: Aleta Rogers, Thompson Falls, MT - Sanders County Defense Attorney: Brian Cotter Judge: (JP) Donald Strine Case (Pets/Dogs): 54 dogs and puppies found from four dilapidated mobile homes and camp trailers owned by Rogers, some of the dogs cramped in tiny cages or cat carriers, many living in 2 to 3 inches of their own feces and urine. 7 of them were euthanized on orders from the sheriff's department, for liability reasons, after they bit their rescuers. 4 more were euthanized or died from health-related causes. A 12th dog, a chihuahua-terrier cross with a deformed jaw discovered inside a crate in the first trailer, was killed by some of the other dogs later that day, before the authorities could get back to the property to retrieve all of the dogs. Charge: (29) counts of animal cruelty. Plea: Pleaded guilty. Sentencing/Outcome: (Dismissed). Rogers had earlier pleaded guilty to the charges and was given a 1-year jail sentence and a $1000 fine on each count, all suspended provided Rogers paid $6,000 in restitution to animal shelters and veterinarians who cared for the animals (a plea agreement). However, she sought to withdraw her guilty plea and her attorney filed a motion to dismiss the charges since the officers did not have a search warrant to search and seize animals at her home. All charges and fines were dismissed, the prosecutors decided not to re-file charges, leaving a local animal care shelter without restitution for around $3,800 spent caring for the dogs. -------------------- March 23, 2007 Offender: Betty Jo Brown, Manhattan, MT - Gallatin County Judge: Holly Brown Case (Horses): 7 horses found on Brown's property, severely malnourished; 6 of them weak and emaciated, 1 in very poor condition. They were living in small, dilapidated, manure-filled corrals and were in obvious pain. Plea: Unverified Charge: (7) counts of Felony Animal Cruelty Sentence/Outcome: 14 years of jail time, fully suspended, and forfeiture of the horses to the county. Brown was ordered not to own livestock during the suspended term. She was ordered to pay $17,000 in restitution. Brown had a prior conviction for animal cruelty in 2002. This is the third time Brown has been convicted of animal cruelty offenses. -------------------- Oct 4, 2007 Offender: Eugena Fugate, Fort Shaw, MT - Cascade County Case (Pets/Cats): 53 malnourished cats and kittens found on Fugate's property, others found deceased. The cats were inside a pen attached to a quonset hut where some areas had feces as deep as 12 inches. The cats and kittens were living in deplorable conditions. A great Falls veterinarian stated that that the cats were so underfed that they resorted to cannibalism. Animal control officials euthanized 26 cats and kittens due to neglect and illness, or because they were "feral". Charge: Initially, (57) Counts of Cruelty to Animals and numerous counts of failure to properly dispose of an animal corpse. Reduced to (20) counts. Plea: Pleaded guilty to 20 counts of animal cruelty. Sentence/Outcome: Given a 180-day suspended sentence for each of 20 counts of cruelty to animals, and ordered to reimburse the county's costs of euthanizing the sick cats. Cascade County Attorney's office tells a news station reporter, "It'll be 10 years before she is allowed to own another animal and officials with the Cascade County Attorney's office say they will make sure she does not violate that condition". In 2001, Fugate was arrested for animal cruelty when officials found malnourished horses, dogs and cats on her property. In March 2002, Fugate was given a year-long deferred sentence and fined $380 by a justice of the peace for possessing starving cats, dogs and horses. She also was forbidden to own any animals, with the exception of the two cats she owned at that time. -------------------- October 18, 2007 Offender: Enrique Tipiani, Belt, MT - Cascade County Case (Pets/Dogs): 45 german shepherds found living in unfit conditions; Tipiani's yard and garage, where the dogs were kept, were covered with urine and feces, the garage's walls were moldy, garbage was strewn about; some of the dogs had been fighting, resulting in injury and death, dogs killed in fights were eaten by other dogs. Tipiani was breeding and selling the dogs. One dog bit an officer, the county subsequently euthanized the dog to test for rabies (the test was negative). Charge: Felony Aggravated Animal Cruelty Plea: Unverified. Sentence/Outcome: 4-year deferred prosecution agreement (plea deal), allowed Tipiani to regain 4 of his dogs provided he spay/neuter them at his own expense; he agreed to pay $5,000 to help recover the costs for caring for the dogs by the county, on a 3-year installment plan. Tipiani is only allowed to own 4 dogs, and is subject to regular inspection. -------------------- October 5, 2008 Offender: Phillip A. Brode, Silver Bow County Judge: Kurt Krueger Case (Pets/Dogs): Nearly 100 husky dogs and puppies found cramped in a broken-down schoolbus and trailer; the dogs were found in poor condition, malnourished, infested with parasites, had numerous illnesses and were covered in feces and crowded into small kennels. Charge: Felony Aggravated Cruelty to Animals. Plea: Initially, pleaded not guilty. Later pleaded guilty to avoid 2 years in prison and/or a maximum fine of up to $25,000. Sentence/Outcome: Given a 14-month suspended sentence and fined $1,000. Krueger was also allowed to choose and keep 6 dogs, he left the area shortly after sentencing to return to Colorado. The initial 100 dogs and puppies quickly escalated to over 200, as many of the females had been pregnant. Before sentencing, it is estimated the cost to care for the dogs had reached over $150,000, with $26,000 in donations. In February of 2009, most of the dogs had finally been adopted into new homes. Read this link for more striking similarities to the Kapsa case. -------------------- December 30, 2008 Offender: Linda K. Kapsa, Ballantine, MT - Yellowstone County Defense Attorney(s): David Duke, Moira D'Alton Judge: Susan P. Watters Case (Pets/Dogs/Cats/Birds/Goats/Chickens/Horses): Two seperate searches of Kapsa's property resulted in the seizure of over 200 dogs, 3 cats, 27 chickens and 10 cockatiels, most living in deplorable conditions. 9 horses were left behind at the time of the seizure. A search for a reported 50 or more pugs turned up empty. Dogs were found unsheltered, some starving, most without food or water, kittens were locked in an outbuilding with no food or water. Inside one of Kapsa's trailers, a deceased dog was found beside her bed. 24 deceased dogs and puppies were found on the property, suspected of suffering from parvovirus and/or having froze to death. One deceased dog was found on the property, appearing to have been eaten by other dogs. Another dog was so severely wounded, a veterinarian had to amputate the dog's leg. Dogs and puppies suffered from parvo, others from parasites and skin infections. Several of the female dogs were pregnant, resulting in several litters of new puppies after the seizures. Many of the dogs were fearful and not socialized. Conditions inside Kapsa's 3 trailers on the property were noted to contain urine, feces and trash, authorities were reported to say the stench was overwhelming and it was difficult to imagine anyone could live in such conditions. Charge: (2) Counts Felony Animal Cruelty, (4) Related Misdemeanors. Plea: Initially, pleaded not guilty. Then pleaded no contest on one felony count without admitting guilt, the other charges will be dismissed. Sentence/Outcome: (Pending). A plea agreement was reached, final sentencing is pending. The plea deal imposes a maximum 20-year suspended sentence supervised by the Montana Department of Public Health and Human Services. The plea deal limits Kapsa to a maximum of 40 chickens, 20 goats, 8 horses, 3 neutered cats and 2 cockatiels; she has already taken 11 chickens and 2 cockatiels prior to sentencing. She also agreed to allow state officials to visit her property without obtaining a search warrant or giving notice. The agreement also requires Kapsa to pay an undetermined amount of restitution, her ability to pay will be part of the Department of Corrections' pre-sentence investigation. The defense attorneys are expected to ask the state to release 20 additional dogs to Kapsa, of her choosing; she has already been allowed to visit and choose which dogs will be argued to the state for release . The MetraPark and Moore Lane kennel facilities have been the holding locations for the dogs, currently costing Yellowstone County taxpayers nearly $160,000, with donations at around $43,000. Nearly 100 volunteers have stepped in to help care for, socialize and train the dogs since January. After Kapsa's first choice of her 20 yet-to-be-determined-for-release dogs, the volunteers will have the next choice for adopting the dogs, followed by the public and/or a third-party rescue group. Kapsa has had numerous run-ins with authorities regarding her breeding operation since 1992, here is the sordid detailed past of the numerous warnings, violations, citations, several subsequent seizures of large numbers of animals due to neglect, and the various rules and judgments issued against her. Details of the present-day case can be found in the archives of the Billings Gazette.
Posted by: jn at 2:21PM MT on July 20, 2009
To those who have nothing better to do than complain that companion animals don't deserve community support, medical care, and basic needs to sustain life..., to those who continue to dismiss animal abuse, ineptly prosecuted to the fullest extent of the law, I have two words for you. Bite me. I have a duty, as a citizen, to demand change, and to fight for the right to life for those willfully neglected and abused. I have a duty to be a voice for those who cannot speak. I have a duty to challenge a legal system that too often, callously, ignores those rights. If you choose not to campaign for change, you need not challenge me. You are free to move on about your business, and leave me to mine.
The following is a breakdown of 14 cases of animal cruelty, animal neglect, endangering the welfare of animals in Montana. All felonies or misdemeanors and related charges. Nearly all offenders received suspended sentences, minimal or no fines at all, and nearly all were allowed back a number of their animals. Many were repeat offenders. This article is the first 7 cases, in ascending order, dating from 2000 to 2009. This is a mere fraction of cases amid decades of an inept legal system. Cases 1-7: Feb 26, 2000 Offender: Sharon Fiske, Billings, MT - Yellowstone County Defense Attorney: Kevin Gillen Judge: Diane Barz Case (Pets/Cats/Dogs/Other Animals) 175 cats, dogs, mice and other animals living in feces-filled cages, no food or water, medical illnesses, unlicensed animals and other violations. Charge: (1) Misdemeanor: Offensive Barn; (1) Misdemanor: Cruelty to Animals; (4) Felony Counts: Cruelty to Animals. Plea: Pleaded not guilty. Sentence/Outcome: Unverified. One reference suggests in lieu of paying one $1000 fine, she was in jail earning $50 dollars a day toward her fines regarding certain citations. No other information available. (If you know the sentencing/outcome of this case, please let me know). -------------------- Jan 12, 2001 Offender: James Meixner, Missoula, MT - Missoula County Case (Horses): James Meixner starved 5 of his horses, 2 were so emaciated, they had to be euthanized on the spot. Another colt died later. Sentence/Outcome: Fined, billed for $1,000 worth of care and barred from owning horses or livestock for 30 months. -------------------- June 29, 2001 Offender: Dawson McCosh, Great Falls, MT - Cascade County Case (Horses): Previously charged with animal cruelty (starvation of horses), when neighbors complained about additional horses who were emaciated, tied to poles, without food and water. McCosh was arrested and convicted of animal cruelty. Sentence/Outcome: By law, McCosh faced a $1000 fine and two years in jail. Instead, he received a deferred sentence. 7 months later, the county attorney's office filed a motion to dismiss the charges altogether. -------------------- October 31, 2001 Offender(s): Clifford Stone and Mary Parenti-Stone, Clancy, MT - Jefferson County Case (Pets/Dogs/Cats/Reptiles/Birds/Pocket Pets/Rabbits): Discovery inside Stone's mobile home found various levels of animal cruelty, including finding animal carcasses, those animals died from dehydration and starvation. Additionally, 10 snakes, 7 lizards, 2 love birds, 8 guinea pigs, 2 ferrets, 1 mouse, 5 gerbils, 20 rabbits, 5 dogs and 7 cats were found and seized. Charge: Originally, (19) Counts of animal cruelty. Then reduced to 7 counts, "in an effort to simplify the prosecution". Additionally, an endangering the welfare of a child charge, a misdemeanor. Plea: Unverified. Sentence/Outcome: Clifford Stone was ordered to serve 5 years of state supervision after pleading guilty to 5 counts of animal cruelty and 1 count of endangering the welfare of a child, and that Stone could not possess any animals while under supervision. Stone appealed, but eventually, the case was sent back to the district court for re-sentencing. Mary Parenti-Stone was convicted of the same charges and received a 4-year suspended sentence. Parenti-Stone was sentenced to five years probation in 1996 for shooting her boyfriend to death. She was initially charged with deliberate homicide, but the charge was reduced to criminal endangerment. Clifford Stone, who is listed in the Montana Sex and Violent Offender registry for a rape conviction out of California in 1984, also is on probation in connection with a 1996 bad check conviction. -------------------- November 1, 2002 Offender(s): Jonathan Harman and Athena Lethcoe-Harman, Toole County, MT Defense Attorney: Scott Albers Judge: John "Pete" Howard Case (Pets/Dogs): Nearly 180 starving and diseased collies, cold and wet, wallowing in their own waste, found in a tractor-trailer as the Harmans tried to enter the US at the Sweetgrass Port of Entry. Charge: Initially, (180) Counts of animal cruelty, then, combined (360) counts of animal cruelty. Plea: Unverified. Sentence/Outcome: Original trial led to a mistrial. The MT Supreme Court issued a stay pending review for a re-trial. A re-trial resulted in the Harmans waiving right to appeal and a 10-year probation term (suspended prison sentence). The Harmans were not fined, nor held liable for veterinary and other expenses incurred since the animals were rescued. Additionally, they could leave the state, yet ordered not to own or breed any animals, yet 3 animals were returned to them, spayed or neutered. During the case, the animals were held at a temporary shelter in Great Falls dubbed Camp Collie, and were cared for by volunteers at a cost estimated to be nearly $1,000 per day. -------------------- August 2005 - January 2007 Offender(s): Pamela Polejewski, Michael Hanson, Cascade County Defense Attorney(s): Various Judge(s): Various Case (Pets/Dogs/Cats/Rabbit/Chickens/Pigs/Parakeets/Guinea Pigs/Goats/Ducks/Turkeys): Various complaints, investigations, searches, cases of neglect and hoarding, all involving large numbers of animals. Charge: Various. Plea: Various. Sentence/Outcome: Various. I encourage you to read this link to explain the sordid past of these two animal hoarders, which actually dates back to 2000. There are multiple cases, charges, plea agreements, filing suits and more plea agreements. If you think the case between Kapsa and Yellowstone County is insane, you will be incensed after reading this one. The similarities are very eery. -------------------- September 14, 2005 Offender: Steven Henry Neff, Rexford, MT - Lincoln County Judge: Michael Prezeau Case (Horses): Insufficient quality and quantity of food and water; basic health needs unmet, various environmental hazards unsafe for the horses, moldy hay, horses infested with lice. Charge: (17) Counts of Felony Cruelty to Animals - second or subsequent offense. Plea: Pleaded not guilty, initially. 5 months later, entered an Alford plea of guilty to 3 of the charges. (an Alford plea: the defendant acknowledges the likelihood of conviction should a case go to trial and pleads guilty while not admitting guilt) Sentence/Outcome: 6 years probation. The terms of the plea agreement allowed Neff to keep 2 of the horses for the probationary period. The remaining horses were to be auctioned with proceeds put toward costs of caring for the horses, which reached nearly $12,000. Neff was convicted on similar charges twice in the past. In 1998, he was convicted on misdemeanor charges and in 2000 he was charged with five felony counts that were eventually reduced to misdemeanors. Through a plea agreement, he was sentenced to 6 months, suspended, on each count with the sentences running consecutively and fined $1,000. Comments by the judge at sentencing: Judge Michael Prezeau was unconvinced by the testimony. He told Neff the case was "frustrating" for several reasons. "First of all, you act like this is all a big inconvenience to you and you sit up here and talk to me like you don't know why you're here because you're such a compassionate horse person," he said. Prezeau said he thought Neff was "tone deaf" to his animal's needs and "too arrogant" to care for them properly. He said he didn't think Neff should be permitted to have any horses, but he relented and allowed him to keep the two animals specified in the plea agreement. "I just don't think I should sentence those two animals to be cared for by someone who thinks he's smarter than he is when it comes to understanding their plight," Prezeau said. -------------------- Continue to Animal Cruelty: When Justice Fails (Part 2)
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