Case Details

Dog severely emaciated
Lakeport, CA (US)

Incident Date: Wednesday, May 31, 2006
County: Lake
Local Map: available
Disposition: Convicted

Abuser/Suspect: Donna J. Heath

Case ID: 11163
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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A Lakeport woman was sentenced on March 28, 2007 to jail time for the severe neglect of "Hero," as he came to be known by his rescuers.

Donna Heath of Lakeport was convicted of felony animal abuse. Superior Court Judge Richard C. Martin handed down a sentence of three years formal probation, 180 days in the county jail, and 100 hours of community service. The sentence included orders that Heath reimburse Lake County Animal Care & Control $1,299.84 and Wasson Memorial Veterinary Clinic $2,653 for Hero's care and boarding. Judge Martin also ordered that Heath not own or possess any animal for three years.

Hero was taken to the Lakeport veterinary clinic, where he stayed for nine weeks while he recovered. He was was adopted in August 2006, according to Dr. Chris Holmes of Wasson Memorial.

When a neighbor reported poor conditions for the dog, Animal Care & Control officer Nehemiah White responded for a welfare check the same day. He wasn't expecting to find what he found.

Hero, then named George, was emaciated. "His ribs were sticking out, his hips were protruding, and his spine was clearly visible. All four of his paws were infected and bleeding severely," states a District Attorney's Office press release.

White explained in a March 2007 interview that when he could not find any dog food, Heath reportedly looked in her cupboard and said she was out and was planning to pick some up that day. She further stated that George belonged to her son, who was under 18. White explained that this made her responsible for the dog.

"This was a significant sentence as far as animal abuse cases go," said Chief Deputy District Attorney Richard Hinchcliff on Friday. "We need to send a message to the public that they need to take proper care of their animals, and (that) abuse and neglect cases are going to be treated seriously," he added.

It was the severity of the case that brought the charge to a felony level, noted Hinchcliff.

"I can definitely say that this is the worst case of neglect and abuse where there was an owner involved," said Holmes, who oversaw Hero's care for the nine weeks he was at Wasson Memorial.

"He was so dehydrated we had to put him on IV fluids," said Holmes. Hero also had more than 100 foxtails in his feet, a grass seed that takes several days to burrow down underneath the skin and can cause an abscess if allowed to remain, said Holmes. And that wasn't the worst of Hero's problems.

"Although this dog was extremely sick from the multiple abscesses and the 105 degree fever, it still was so starving that it wolfed down everything that we gave him," said Holmes. "This dog would've been much better off being kicked and having a broken leg than what they put him through," added Holmes, saying the neglect was so severe that it qualified as abuse in his view.

Heath plead no contest in February to violation of Penal Code 597(b), which defines criminal abuse and neglect of an animal. The charge can be prosecuted as either a misdemeanor or as a felony, and is punishable by up to a year of jail time in a county jail, by up to a $20,000 fine, or both.

Heath was given two weeks to settle her affairs before serving her 180 days in the county jail, which is a standard practice, said Hinchcliff.

He added that she could have gotten up to three years in prison, but given the circumstances, "this was clearly not a case where she should've been sent to prison. But it needed to be treated seriously."

Deputy District Attorney Rachel Abelson handled the sentencing for the DA's office and argued for the jail time, ultimately winning out over defense attorney Stephen Carter's request that Heath not get any jail time because of her clean record.

Hinchcliff said Heath had apparently asked other family members to take care of Hero, but no one was taking care of him. "We prosecute the person primarily responsible for the dog," said Hinchcliff. He said there is not sufficient evidence to prosecute any of the other family members involved.

Hero, so named by Animal Care & Control staff when he was taken from his former Lakeport home, is now living with a Bay Area family with twin baby boys. White said he gets along with the family's other dogs and has gained about 30 pounds since he was removed from Heath's home.

Most of his hair has also grown back, noted Holmes, although some of the hair follicles may be permanently damaged by skin infection.

Holmes said this is one of the few cases where his clinic can expect to be reimbursed for the cost of care given to an animal for abuse or neglect. Wasson Memorial currently has five abused or abandoned dogs for which it is trying to find homes.

Judge Martin's orders to reimburse the clinic and Animal Control included a provision that if either agency has already been reimbursed, the given amounts should go to a fund set up by Animal Care & Control for the care of other abused animals.

"The dog was nicknamed Hero to give him a new name and the start of a new life," said White.

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References

Record Bee - April 3, 2007

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