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Case #1155 Rating: 3.6 out of 5
Dog thrown off porch
Lorain, OH (US)Incident Date: Monday, Aug 19, 2002
County: Lorain
Disposition: Convicted
Defendant/Suspect: Jay Boerwinkle
When authorities went to a Lorain home on to follow up on an outstanding warrant for animal cruelty, they found "the house to be quite filthy" from animal waste, according to a police report. They had gone to 1230 Pennsylvania Ave. on an outstanding warrant on a complaint that someone had broken the back of a dog at that address, said the report.
Jay Boerwinkle, 36, was arrested and was sentenced in Lorain Municipal Court to 30 days in jail and was fined $150 after pleading no contest, according to the court clerk's office. The incident involving the dog occurred in summer 2002, according to Law Director Mark Provenza.
Boerwinkle is a Backyard breeder/puppy miller. He showed a potential customer dog with broken back (a toy poodle) - the customers were upset with the condition the animals were living in, and called authorities. Jay told Humane Society investigator Mitch Witherell, the investigating officer, that he accidentally dropped the dog, but two other residents stated that he had drop kicked the dog off the porch like a football. The kicking incident allegedly happened Aug 19, 2002. Boerwinkle's mother claims that he has a violent temper, and she was afraid of him, which is why she did not call the police when the incident happened in August.
Officer Witherell stated that Boerwinkle answered the door wearing a "green, superman cape".
Provenza said the dog was taken to the Avon Lake Animal Clinic and Care Center where employees were told the owner's son had thrown the dog off a porch. Erie Shores Humane Society then brought the incident to the city's attention, said Provenza.
At least five dogs were found outside the house with several more inside, according to the report. Several cats were also living inside as well. "It appeared that they were all defecating and urinating on the landing next to the kitchen and on the kitchen floor," said the report.
"We could not walk on the floor due to all the junk and animal waste on the basement floor. There was one path through the basement that one could walk through. Other than that the basement was piled high with every manner of items," reads the report.
"I was called to verify the conditions the two officers found," said Jack Kurowski of the Lorain City Health Department who also went to the house. He said the living conditions were not an "immediate emergency" only because the occupants had been living in those conditions for awhile.
"What needed to be done is a general cleaning," said Kurowski.
There was also some concern for the welfare of some of the residents. The owner of the home, 60, was observed in a back bedroom on oxygen. "Apparently she (Weller) cannot get around too well and relies on others to assist her," said the report. "Officer Pittak and I were concerned for her health as the house did not seem fit for human habitation."
Kurowski requested a copy of the police report be forwarded to the Adult Protective Department, a department similar to children's protective services.
About 14 dogs were taken from the house by the police and humane society, according to the report.
The ACO investigating the case stated that they only collected 3 of the dogs before the Health Department interfered with their investigation, calling the city dog catcher who collected the additional dogs. References« OH State Animal Cruelty Map
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