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Case ID: 12189
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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CONVICTED: Was justice served?

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Case #12189 Rating: 1.5 out of 5



Puppies emaciated, decomposing, kept by breeder
Quaker City, OH (US)

Incident Date: Wednesday, Jun 12, 1996
County: Guernsey

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: Daniel Pierce

On June 12, 1996, responding to a report of animal cruelty, Humane Society officers raided Dan Pierce's kennels.

In an uncovered, mud-deluged six by six foot pen were the only survivors: two frightened and emaciated blue merle Collie puppies, perhaps 5-6 months old. They had been without food and water for several weeks. The rusty water buckets held only the rain and mud. These surviving victims had been forced to cannibalize their dead littermates who had succumbed to their hideous deaths. Unfortunately, the rescue of these Collie puppies came too late. The two barely alive had to be euthanized as they were too weak with sickness and maggots to save.

Dan Pierce was subsequently arrested and booked on 10 counts of animal cruelty. Few outsiders were aware of the tragedy unfolding at Pierce's house. It was generally assumed that as recognized breeder, exhibitor and handler of Collies, Pierce was by default, naturally concerned with the well being of the animals at his place; an assumption which couldn't be farther from the truth. Some of his friends, with whom he exhibited, co-owned dogs or shared official duties in a local Collie club, suspected a serious problem in early May 1996. He was vague about a set of sable Collie puppies they knew he had (found in various stages of decomposition) and openly disinterested in the group of blue merle puppies locked in the mud-deluged pen.

Dan Pierce had been exhibiting, co-breeding, co-owning or handling dogs for several years with a male companion and three women: Joe Latz, Mary Ann Keefer, Mary Shingle, and Melody Nolan. They had groomed dogs with him, travelled to shows together and had other social contacts with him.

As late as Sunday June 9, 1996, three days before the raid by the Humane Society and law enforcement officials, at least two of these women had been to his house and "kennels". That day there were 4 blue merle puppies still alive, seen by at least two persons: Mary Shingle and Melody Nolan. They witnessed the horrendous conditions and pitiful cries of the thirsty, starving and lonely puppies. Shingle commented to Pierce that it looked like a "puppy Auschwitz". He is reported to have stated, "If you don't like looking at them then don't; I don't."

Information previously provided to the Humane Society minimized the severity of the situation. Ms. Sandy Lindy, Humane Society Officer for Guernsey County, Ohio was initially told that "some Collie puppies were muddy and apparently neglected" in a pen at Dan Pierce's place. She states that she had no idea that the situation was an emergency. Consequently, only two of the previous four blue merle puppies were still alive when she arrived to investigate.

Pierce bailed out of jail and executed the transfer of ownership of other living dogs he had to Latz, Keefer and others. Owners of dogs he was handling for a fee quickly retrieved their animals into their own safe-keeping.

On January 23, 1997 the Administrative Law Court of Guernsey County was filled with Collie fanciers from many different states. Pierce, the principle player, was there as well. However, noticeably absent were Keefer, Shingle, Nolan, and Latz.

Dan Pierce had pled "not guilty" to each of the ten counts at his June 1996 arraignment in the Guernsey County Court of Cambridge, Ohio. Trial was set for November 1996. Predictably, the defence requested and received a continuance and his jury trial was rescheduled to January 23, 1997. The prosecution had planned to offer the testimony of Keefer, Shingle and Nolan to the photographs and the report of the investigating officials. However, these three eye-witnesses, all who had cooperated at the beginning of the proceedings in June 1996, had now become "extremely reluctant... with regard to their desire to come in and testify at trial for the state, and indicated a desire that this case would be resolved short of the necessity of them coming in to testify." (taken from the official court transcripts, pg. 3). The prosecution considered this a major factor to the strength of it's case against Pierce. With his witnesses compromised, the prosecution was forced to seek a plea agreement two days before the scheduled trial.

On January 23, 1997 the Honourable Judge John Nicholson of the Cambridge Municipal Court, Guernsey County, Ohio accepted a change of plea by Dan Pierce to "no contest" on two counts of cruelty to animals.

Dan Pierce was sentenced to two years of UNSUPERVISED probation; given 15 days in jail for each count to run consecutively, but suspended; fined $100 for each count and one set of court costs; and ordered to cooperate with random inspections by the Guernsey Co. Humane Society to insure, at least, minimum humane treatment of any animals on the property.

The prosecutor, under fire from the spectators who were stunned by such leniency, conducted a de-briefing session with them in a room at the courthouse. He explained how his case had been damaged by Keefer, Shingle and Nolan. He discussed the limitations of Ohio law regarding animal cruelty. No matter how hard he tried, he still could not convince the spectators that this was the best to be done. How could he, when even the judge had expressed his repugnance of Pierce and his detestable acts! That night Pierce is reported to have celebrated his perceived "victory" at a West Virginia bar he frequents.

References

  • Bannetstane - 1997
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