Attorneys/Judges
| Judge(s): | Donald E. Beachley |
CONVICTED: Was justice served?
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Case #13495 Rating: 2.4 out of 5
Doves and guinea pigs neglected
Smithsburg, MD (US)Incident Date: Thursday, Dec 13, 2007
County: Washington
Charges: Misdemeanor
Disposition: Convicted
Defendants/Suspects:
» Patty Burkett
» Bertha May Martin
Case Updates: 1 update(s) available
Two women facing animal cruelty charges in connection with malnourished doves and guinea pigs found in their Smithsburg home appeared Wednesday afternoon in Washington County District Court.
Humane Society officials inspecting the property in December 2007 noticed a strong odor of urine and feces inside the home, Washington County District Court documents show.
Four bird cages held doves, none of which had water, and the bottoms of the cages were caked with feces, food and feathers, according to documents. In one of the cages, a live dove was lying on top of a dead dove, and a second dead dove was found in another cage, documents show.
Guinea pigs held in a cage in another room also had no water, and their cage was full of food and feces mixed together, Humane Society officials alleged in court documents.
The doves, guinea pigs and a cat were impounded. A third dove later died.
Patty Burkett, 64, and Bertha May Martin, 67, were charged in connection with the deaths of three doves.
Both women were charged with seven counts of neglect.
Martin requested her case be moved to Washington County Circuit Court for a jury trial.
Patty Burkett pleaded guilty Wednesday to one count of animal cruelty, failing to provide a dove with nutritious food in sufficient quantity, proper drink, air, space or veterinary care.
Burkett's defense attorney asked the judge for probation before judgment. If granted, Burkett would avoid a sentence if she meets certain conditions during a probationary period.
District Court Judge Ralph H. France II set sentencing for May 28 and ordered a presentence investigation completed by the Division of Parole and Probation to provide him with background information about Burkett.
"I think I should know more about this case," France said.
Burkett is not to have control over any animals before sentencing, the judge ordered.
Humane Society officials discovered the alleged neglect during an annual inspection for a kennel license, Humane Society Executive Director Paul Miller said Wednesday afternoon after the hearing.
Martin had applied for the license, which she had held but had not renewed, Miller said. Dogs were still at the property Wednesday, Miller said.
Case UpdatesA Smithsburg woman on Thursday entered an Alford plea in Washington County Circuit Court to five counts of animal cruelty for failing to provide for doves, a cat and guinea pigs.
Under an Alford plea, defendants do not admit guilt but acknowledge the state has enough evidence for a conviction.
Bertha May Martin, 67, of 12903 Unger Road in Smithsburg, will not serve any jail time, but will be on three years of unsupervised probation, Washington County Circuit Judge Donald E. Beachley ordered.
Martin was sentenced to 60 days in jail for one count of animal cruelty for a dove, another 60 days to run consecutively for another charge related to a dove, and 60 days for each of the rest of the charges, to run concurrently with the second sentence. That jail time was suspended.
Humane Society officials discovered the situation during an annual inspection for a kennel license that was denied, Humane Society spokeswoman Katherine Cooker has said.
Martin appealed to the Washington County Animal Control Authority, which upheld the Humane Society's decision, Cooker said.
Keeping more than five dogs requires a kennel permit, according to Washington County's animal control ordinance.
Martin surrendered 20 of her dogs in May, but had been allowed to keep five dogs until Thursday.
As part of the conditions of her probation, Martin may keep two of her dogs, but authorities may inspect her home once a month, Beachley said.
"Five dogs is a substantial responsibility and out of line under these circumstances," Beachley said.
Martin also must pay $1,121.57 in restitution to the Humane Society over three years.
Martin can no longer work because of health problems, including blood clots and a heart condition, defense attorney Bernard Semler II said.
"Medical conditions severely hamper her ability to function on a daily basis," he said.
Martin had the best of intentions when she took in several of the dogs, but it became too much, he said.
Martin began sobbing as Semler spoke to the judge.
"Just let me keep my babies," she told Beachley.
"That doesn't ring very true. You were abusing these animals," the judge said.
Another woman, Patty Burkett, 64, also of 12903 Unger Road in Smithsburg, pleaded guilty in March to one count of animal cruelty, failing to provide a dove with nutritious food in sufficient quantity, proper drink, air, space or veterinary care.
Burkett was sentenced in May to 15 months of probation, during which she is forbidden from having responsibility for any pets or animals, Washington County District Court records show. | Source: Herald-Mail - Sept 5, 2008
Update posted on Sep 6, 2008 - 12:54PM |
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