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Case ID: 11933

Classification: Neglect / Abandonment

Animal: dog (non pit-bull)

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Dog found emaciated, resulting in death
Springfield, MA (US)

Incident Date: Saturday, Apr 7, 2007
County: Hampden

Charges: Misdemeanor
Disposition: Convicted
Case Images: 6 files available

Defendant/Suspect: Jamie Battle

On Saturday April 7th, approximately 9:40am, Animal Control Officer Mackey received a call regarding a distressed dog next door of 17 Cass St, Springfield MA.

Upon arriving, Officer Mackey could see in plain view a medium size Igloo type dog house at the end of the driveway, which is shared between the houses of 13-15 and 17,19 � both which are two family styled houses There were three people around the dog house, all neighbors who had called in the complaint.

Inside of the dog house was what appeared to be a large white husky type dog that was lying on her side with her head and front paws sticking out. Her breathing was faint, but on examination, she opened her eyes, and attempted to lift her head up. She could not stand on her own. Her body was severely emaciated, with an obvious loss of any muscle mass. Even though she has a heavy coat, Officer Mackey easily saw her ribs, lumbar vertebra and pelvic bones.

Other stats:

TACC Body Condition Scale: 5++
Heartbeat: 40bpm (normal 60-90 bpm)
CRT: 5.8 seconds (normal 1.5 seconds)
Eyes: dazed, unfocused � she was aware that somebody was there, as she was trying to wag her tail.

As Officer Mackey felt that exigent circumstances existed, due to the condition of this animal, she called the SPD dispatch to send an Officer to witness/ agree to remove this animal from the open yard, where she was tied, as she needed emergency care as soon as possible. While waiting for the officer, Officer Mackey knocked on the front and rear doors with no answer for the tenants. The witnesses also stated that they had tried knocking also, but the people inside would not open the doors to them

Officer Arroyal arrived roughly 5 -7 minutes after being called. Officer Mackey filled him in, and told him she needed his permission to remove this owned dog from the open yard, due to the condition of the dog. He agreed and then proceeded to help pull the dog out of the igloo dog house, where her hind end was frozen to the bottom of the plastic floor, with urine and fecal matter. After she was safely loaded to the back of the Honda, Officer Arroyal called the police photographer, and for back-up as he was going into the house for more information. After 5 minutes, Officer Mackey felt that she could no longer wait for the photographer, took some more pictures with her camera phone and proceeded to Angell Emergency Animal Hospital.

Upon arriving at Angell Animal Hospital, the dog was still breathing, but was starting to show signs of small seizures. Within 5 minutes, the dog died.

A full necropsy was ordered by Thomas J O'Connor's director Barbara Hays, and charges will be pursued to the full intent of the law.

The occupants of 15-17 Cass Street were in the house at the time of removal of the dog. They refused to answer the door to either Officer Mackey or the complainer's knock.

When Officer Arroyal knocked he was able to obtain all of the information regarding the ownership of the dog, and the property owners' information.

Update: 4/19/07
The necropsy from Dr. McCoy at Angell Animal Hospital shows that the dog died of starvation � the report has been forwarded to the Springfield Police Department, attention: Officer Kathy Brown.

Update: 4/25/07
ACO Mackey spoke to Joe Vega � a neighbor who had called the MSPCA law enforcement earlier in the year regarding the conditions that the dog was living at 13-15 Cass Street. The dog was living tied outside, without a dog house or shelter during the first winter storms of 2007. Soon afterwards the igloo dog house appeared.

MSPCA Law Enforcement had called on Ms. Battle in Jan. 2007. She was told that the dog needed a dog house and a longer tie-out � which was done within a week of the visits.

Pre-trial arrangement on May 18th � 1 session criminal court � Springfield, MA.

Counsel was present along with Ms. Battle.

Counsel first claimed that her dog was healthy and well, she brought along a health certificate from a veterinary dated from October of the previous year to prove it. The Assistant DA Corrine Rock pointed out that a deceased dog is anything but healthy � a continuance was ordered for June 11th.

Update 5/26/07:
The name on the health papers are from Dr. Tello: Mr. & Mrs. Starks � breeders of Great Pyrenees.

ACO Mackey spoke with Mr. Leroy Starks on 5/25/07

He was aware of the charges as Ms. Battle had asked Mrs. Starks to come with her to court regarding her dog � as she did not understand what was done with her dog.

They had three very large Great Pyrenees at their home. Their dogs were in great shape � The last litter that they had was about 1 year ago. The dogs are mainly Mrs. Starks � she makes all the decisions regarding their dogs.

They met Ms. Battle when she starting seeing their son, about 2 years ago. Ms. Battle was either given or sold one of the pups from the last litter. By all accounts Ms. Battle really loved that puppy. The last time he saw the dog in question was sometime in December 2006 � she was healthy, weighing roughly about 100 + pounds.

They had not had any other contact with Ms. Battle, until a few weeks ago regarding this case, as his son had broken up with her sometime in the beginning of 2007.

At the pre-trial hearing June 11th, 2007, counsel was present along with Ms. Battle.

Mr. & Mrs. Starks were also in the courtroom � but no longer sitting with Ms. Battle. Counsel asked ACO Mackey directly what exactly she wanted from Ms. Battle � as she was willing to pay any fines � he also mentioned that she never had any problems paying past court fines�

Pre-trial hearing July 10th � 2007
After speaking with the MSPCA law enforcement department, and a few other groups, the following was submitted to counsel:

1. GUILTY PLEA � Not CWOF (Continuance without Findings)
   
2. Maximum fine of $ 2500.00 as stated in MA General Laws Chapter 272 � 77 and any city ordinances or fines.
   
3. $1000.00 to be donated to Thomas J O'Connor Animal Control into a special account designed strictly for the care of strays that have been abused.
   
4. All fines, bills, receipts and over-time hours to be reimbursed directly to Thomas J O'Connor Animal Control.
   
5. A thorough psychological evaluation followed by all counseling that the probation court deems appropriate.
   
6. Additional counseling for any of her children that may have witnessed the abuse.
   
7. 5 years total probation: (2 Year of supervised probation, followed by three years of unsupervised probation.)
   
8. Fifty hours of community service within the first year of supervised probation � Not related to animals.
   
9. Prohibited from owning or caring for any animals during the entire probation period, and that she be subject to unannounced inspections of her home during her period probation to ensure her compliance with the terms of her sentence.
   

1. GUILTY PLEA OF 1 COUNT OF FELONY ANIMAL CRUELTY Sec: 272 ch 77 Mass general laws
   
2. Fine $1000.00 payable monthly $65.00.
   
3. A thorough psychological evaluation followed by all counseling that the probation court deems appropriate.
   
4. 1 year supervised probation.
   
5. 50 hours of community service to be served within the 1 year of probation.
   
6. Prohibited from owning or caring for any animals during the entire probation period, and that she be subject to unannounced inspections of her home during her period probation to ensure her compliance with the terms of her sentence.
   

References

• Court docket #s 0723CR003470

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