2009-12-17

Puppy mill owners surrender dogs

By Carol L. Smith

After two hours of devastating testimony, the Utopia couple charged with running a “puppy mill” breeding operation on their property surrendered all of the dogs seized in November.

Animal seizure hearing
In a Thursday, Dec. 10, hearing at the Bandera County Courthouse with Precinct 4 Justice of the Peace Lynn Holt presiding, County Attorney John Payne made a terminally strong case against Kenneth and Jamie Bohannon of 554 Beulah Street in Utopia. The Bohannons were charged with numerous counts of animal cruelty.

The first person to testifying was Bandera County Sheriff’s Office Deputy David McGilvray, who deemed the conditions at the breeding facility “unhealthy and unsuitable for habitation. ”
When first apprised of the conditions of the animal pens during an inspection, Bohannon told McGilvray that he would take care of the problems.

When the deputy returned to the property the following Monday with Jennifer Gaertner, community liaison for animal control issues, and BCSO Senior Animal Control Officer Deputy Rick Neely, conditions had not changed at all. The county officials requested a seizure warrant, which was issued on Nov. 21 and executed on Nov. 23.

Payne then asked McGilvray to review documentation, which included his and Neely’s reports and copies of state and county animal statutes, as well as a criminal history report on the Bohannons.

To Payne’s question of whether, in his opinion, the Bohannons violated the animal cruelty statutes, McGilvray replied, “Yes, sir, no doubt at all.”

After recognizing that Bohannon wasn’t represented by legal council, Holt advised the defendant that he had the right to cross-examine the witness.

Bohannon questioned McGilvray as to whether he (Bohannon) had been given any written notice of the seizure. “No, just a verbal notice” was the answer. Bohannon also asked if he had been given a chance to rectify the issues. Before McGilvray could answer, Bohannon said, “According to your own testimony earlier, three days wasn’t long enough to fix the problems.”

Bohannon continued, saying that McGilvray had testified that the doghouses weren’t big enough, but officials with the American Kennel Club (AKC) had told him that the houses were fine. At this point, Holt interrupted Bohannon, advising him that this was not the correct time to be offering his own testimony.

Animal advocates testify
Christine McEntyre, founder and executive director of Diamond Dachshund Rescue, a nonprofit, breed specific animal rescue organization, also testified.

McEntyre, who was present when the dogs arrived from Utopia, described the dogs’ condition as “dehydrated, skinny and malnourished.” She continued, “The puppies all had worms and had fecal matter on them, in their matted hair. The odor of urine was very strong.”

When asked if she thought the Bohannons had violated state and county statutes, she stated, “Yes, I had to immediately take one dog to the veterinarian.”

McEntyre then described the condition of a dog that had been brought into the courtroom. “This dog is paralyzed from chronic back problems and she can’t walk. Even though she’s in extreme pain, this dog has been bred and is nursing pups. The mama dog will have to be euthanized after the pups are weaned,” she said.

Gaertner, also a certified animal control officer, testified that when she arrived to inspect the residence, she found dogs housed two to six to a pen in 40- to 50-degree weather. She continued, “There were no bottoms on the dog houses, they were dirt. There were no windbreaks. Since it had been raining, the pens were flooded and many of these dogs were standing in water. All the pups looked wormy, and their little bellies were bloated.”

In all, 43 dachshunds and two cats were seized from the property and were taken to the animal control facility on Highway 16 North. The seized animals were treated for dehydration, worms, toxemia, matted hair and fleas. Additionally, one dog had to have 18 teeth removed.

Photographic evidence & cost of care
Payne admitted into evidence an exhibit of photographs that Gaertner had taken during the raid. The photos showed one crippled female with pups found in a bathtub, and a four-foot long rat snake in the “birthing barn.” The exhibit graphically detailed the general lack of animal care. All had long toenails; one had nails that curled underneath its feet, digging into the pads. All the longhaired dachshunds had matted hair, and Gaertner measured one mat at four inches long.

Gaertner also testified that the cost for the caring for the animals in custody at nearly $8.800. She had also calculated the cost of the care should case be appealed would amount to an additional $9,300.

Only three options were given for the dogs remanded to the county – sold at public auction, euthanized or placed with an animal rescue facility for adoption. Gaertner testified that the volunteers with Diamond Dachshund Rescue and the Humane Society staff had both agreed to assist with dogs.

At this point, the state had no further questions for the witness and Holt asked if the Bohannons had any questions.

Question asked & answered
Bohannon asked sheepishly, “Can we surrender the dogs?”
At Holt’s request, the Bohannons conferred privately with Payne. When they emerged, Kenneth Bohannon was visibly upset and crying. After composing themselves, the couple met privately with Payne and Gaertner, and an agreement was reached.

The court ordered that all seized animals beawarded to Bandera County for adoption. Those not adopted within 30 days will be humanely euthanized, or, as in the case of the paralyzed female, as deemed necessary by a veterinarian.

The Bohannons were ordered to pay restitution in the amount of $6,977.03, payable over a three-year period. As an additional stipulation, the couple will not be allowed to house any animals or pets at their residence until full restitution has been made.