Case Details
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Case ID: 13936
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Puppy mill - 23 dogs seized
South Bend, IN (US)

Incident Date: Tuesday, Jun 24, 2008
County: St Joseph

Charges: Summary
Disposition: Civil penalty imposed
Case Images: 2 files available

Person of Interest: Bernard Turner

Case Updates: 5 update(s) available

South Bend Animal Control seized almost two dozen dogs from a South Bend home Tuesday night, and they say there were more inside they weren't able to get to.

Neighbors say the owner was running what could be described as a "puppy mill."

The owner wasn't home when police were called to his home in the 1000 block of California with complaints of a "foul smell" in the air.

What they found was an open garage, with 23 caged dogs inside.

The dogs are now at South Bend Animal Control, but the incident is far from over.

"It's just early on, we're still putting pieces of the puzzle together," said Gary Libbey with South Bend Animal Control.

Animal Control isn't sure why the owner had dozens of dogs, but they know what they found in this garage was no accident.

"They were home constructed cages in the garage and they had some sort of makeshift type of watering type system; so that would lead you to believe they were planning on housing a large number of animals," Libbey said.

A neighbor, who is friends with the owner, tells WNDU the man bred and sold the dogs.

South Bend Animal Control doesn't want to call it a "puppy mill" just yet, but it's consistent with what they'd expect from one.

"The smaller breeds are more prone to the puppy mills, yes, they're more easily housed," Libbey said.

The dogs that were taken from the home, breeds such as bulldogs, poodles, terriers, and malteses, weren't in terrible shape, but shouldn't have been living like they were.

"The legal limit is three adult animals, we picked up 23. And there were obviously other animals in the house, but the house was secured so we weren't able to enter," Libbey said.

Animal Control is trying to get a warrant to go into the house, to try to find out what is really going on. They intend to press charges on grounds of animal cruelty.

"Somebody should not be allowed to do this and we want to make sure it never happens again," Libbey said

The neighbor says they're taking away the owners "job."

But animal control says if the owner was breeding and selling, it's not a legal job anyway.

"If he wants to run a pet shop or a pet store, than he needs to run a legitimate business. The animals need to be cared for properly and it needs to be done in the properly zoned area for the operation," Libbey said.

Animal control says there appeared to be more dogs on the porch, upstairs and in the basement of the home Tuesday night during the seizure of the dogs in the garage. They said they were working from around 7:00 p.m. until almost 11 at night.

When WNDU went to the house early Wednesday, it appeared the dogs inside were gone, which Animal Control expected to be the case.

However, Animal Control is still trying to get the warrant, so they can inspect the home for more evidence.

Animal Control says if the dogs had been in life-threatening conditions, they would have pushed harder to get to the animals immediately.

However, many of the dogs they seized did need minor medical attention, and Animal Control says they clearly weren't being cared for properly.

Libbey says he's happy they got to the problem before it grew.

"It either is very early on or he's kept very good care and the neighbors just haven't complained," Libbey said

Which could also be the case; there aren't many neighbors around to complain. Many of the homes nearby are vacant. The neighbors we talked to said the owner was "in and out" of the house, but had owned it for years.

Animal Control has made contact with the owner.

"He just wondered what he could do to get his animals back, and we said we needed to talk to him in greater detail, and we needed access to the house. He declined further comment until he seeks legal counsel," Libbey said.

Libbey says many of the dogs will be sent to rescues they've worked with in the past, since they can't really support that many extra animals right now.

He says it's possible the animals could be put up for adoption, but they're not necessarily asking for that from the community right now.

"The problem with this situation is, with the outcry of public sympathy, which we greatly appreciate, but still, we want to adopt them out for the right reason, not just because someone wants to save this animal from this horrendous situation that they came from. They have to understand that 12, 15 years from now this animal's still going to need love and care. So it's not something you do at the spur of the moment," Libbey said.


Case Updates

A local man caught with 23 dogs in his garage will pay thousands of dollars in fines and will only be allowed to keep one of the dogs. Animal Control took the 23 dogs from Bernard Turner's California Street garage last month. Police found them after reports of a foul smell. They found the dogs in cages inside the garage, some with skin conditions and eye problems.

The owner wanted at least some of the dogs returned; the city said he shouldn't get them back.

"We do not feel they were being properly cared for," Gary Libbey from South Bend Animal Control told WSBT News last week. "So we would like to obtain custody of the animals and find proper homes where they will be housed and cared for the rest of their lives properly."

The hearing was postponed last week when Turner's attorney asked the judge for more time to formulate his case.

Monday, a judge decided Turner will be allowed to keep one animal of his choosing, however has to pay the city more than $10,000 in fines. He also has to have the dog licensed, sterilized and vaccinated before Animal Control will give it back.

The prosecutor's office did not file charges against Turner because they say he wasn't doing anything wrong in the eyes of the law.

But in the eyes of the city he was, by violating city code for the number of animals you can have on your property.
Source: WSBT - July 21, 2008
Update posted on Jul 21, 2008 - 3:34PM 
A hearing to determine who will retain custody of 23 dogs recently discovered in a garage was continued Thursday.

Animal Control officials were in court to argue why they should obtain ownership of the California Avenue animals, while the dogs' owner says he wants six of the 23 dogs back.

The mix of poodles, Maltese, bulldogs and other breeds was found inside a garage in the city June 24. Many were discovered with matted fur and skin conditions, and some had a genetic eye disorder, according to Animal Control officials.

The owner of the dogs was identified in court records as South Bend resident Bernard Turner.

Animal Control officials and city attorney Ann-Carol Nash rejected an agreement with Turner, who wanted to take six of the animals and relinquish ownership of the other 17. He told Judge Michael Gotsch he planned to move out of the state.

"I'm trying to resolve this issue and make it right," Turner said.

But, Nash told the judge, city officials were concerned about the welfare of the animals and want more information regarding to whom and where they would go.

The hearing was continued until July 14 so Turner has more time to retain legal counsel.

Turner declined to comment after the hearing.

He previously has said he took proper care of the dogs and they were well-fed and maintained. He described himself as an animal lover who deeply cared for his dogs.

No criminal charges were filed against Turner. Prosecutors did not find the incident met the statutory requirements for criminal charges.

According to offenses related to animals in the Indiana code, "neglect" refers to endangering "an animal's health by failing to provide the animal with food or drink," or to "restrain an animal for more than a brief period by the use of a rope, chain or tether," that does not meet the proper requirements. Other animal offenses in Indiana code refer to abandoning, beating, mutilating or torturing an animal.

Turner still faces fines for violating city ordinances, officials say. According to South Bend code, owners must keep their animals in "a clean, sanitary and healthy manner," and adhere to rules concerning vaccinations and veterinary care.

Previous dogs confiscated

Turner had previously said he has bred animals only a few times and was not maintaining a regular breeding operation. He also has insisted he did not formerly know of the city ordinance allowing residents only three adult dogs.

But, officials at the Humane Society of St. Joseph County say, the man is no stranger to keeping too many animals and they have found prior evidence of a breeding operation.

Humane Society Director Dr. Carol Ecker says Society officials cited Turner last fall after investigating a complaint of multiple animals at a home in the county.

Officials reportedly discovered 10 dogs, primarily poodles, inside cages at the U.S. 31 house. Ecker said the dogs were covered in feces and in such poor health they eventually had to be killed.

The director said Turner has several homes in the city and county that officials have been investigating. She pointed to a Web site and an e-mail address related to the selling of puppies that, she said, belongs to the owner.

A Michiana resident told The Tribune last week she had visited the California Avenue home last winter after seeing an ad for bulldog puppies. A search of the Internet also displayed an ad for English bulldogs on BreedersClub.net, with a contact name and a phone number matching the owner's.

The phone number on the site has since been removed.

Although breeding animals in the city and county is not illegal, the proper licenses must be obtained if breeding multiple litters.

County regulations require either a "minor" or a "major" breeding license if several litters of animals are being bred and sold for profit, Ecker said.

Federal regulations also exist when it comes to some forms of domestic animal breeding.

The U.S. Department of Agriculture requires the "humane care and treatment of dogs sold as pets at the wholesale level, transported in commerce, and used in research or exhibits," according to the USDA Web site.

People using or working with such animals must be licensed or registered by the USDA as well as comply with regulations and standards enforced by the department's Animal and Plant Health Inspection Service.

Pet stores and people who sell animals directly to the public, shelters and people who own animals are not covered under the act, however, but fall under state jurisdiction.

In Indiana, there are no state laws related to commercial breeding or the selling of pets to the public, according to Janelle Thompson, a public information specialist for the Indiana Board of Animal Health.

The lack of stricter Indiana laws regarding breeding is what leads to many breeders sliding under the radar and never being inspected, says Linda Candler, an anti-puppy-mill advocate and owner of Camp K9, a Mishawaka boarding facility.

"The state of Indiana, all they have to have is food, water and shelter," she said. "We (need) to regulate responsibility for these dogs and have regulations for the litters you breed."
Source: South Bend Tribune - July 4, 2008
Update posted on Jul 7, 2008 - 7:10PM 
Dogs taken from a suspected puppy mill got some special treatment Monday. Groomers from PetSmart in South Bend volunteered to give the animals taken from a home on California Street some much needed attention.

The goal is make the dogs happier and help them find new homes.

South Bend Animal Shelter Manager Gary Libbey says, "For the grooming aspect of it, these animals were severely matted. That could lead to some health issues down the road. Luckily we haven't found anything yet."

PetSmart Manager Eric Person says, "After we heard about the actual rescue of the dogs, we all have this soft spot in our hearts for animals. We really don't want to see the animals look like this."

Groomers will be back Tuesday and Wednesday at the South Bend animal shelter grooming the dogs.
Source: Fox 28 - July 2, 2008
Update posted on Jul 2, 2008 - 1:19PM 
No criminal charges will be filed against a resident who was housing more than 20 dogs inside his garage.

A deputy prosecutor who reviewed the case did not find the incident met the statutory requirements for criminal charges, a spokeswoman from the St. Joseph County prosecutor's office said Friday.

Poodles, Maltese, bulldogs and other purebred dogs were found inside a California Avenue home Tuesday after a resident complained of an odor coming from the property.

Some of the 23 dogs discovered in cages were found with matted hair, skin conditions, and some appearing to have "cherry eye," a genetic eye disorder, according to Animal Control officers.

The owner of the dogs, who was contacted Friday, said he understands he was keeping too many dogs but says he did not know the city ordinance before.

He now says he does not plan to fight for all the animals, but wants some of them back, based on the fair amount. He maintains his dogs were being fed and were well-cared for.

It is The Tribune's policy to generally not name suspects who have not been charged, except for certain crimes.

Despite no criminal charges, the owner still faces fines related to city ordinance violations.

Animal Control manager Gary Libbey also said today that Animal Control officers are still investigating whether the man was operating a bigger breeding operation.

The owner insists he has only bred animals a few times and that he was not maintaining a regular breeding operation.

But Michiana resident Tracey Stafford told The Tribune she was at the California Avenue home last winter to look at bulldog puppies after she saw an ad in the newspaper. The woman was shocked when she heard news reports showing the man's home that, she said, she and her son had recently visited.

"I called my son and said, 'Look on the news!' " she said.

The family never heard or saw anything coming from the garage during their visit, Stafford said. They went only inside the home, where, Stafford said, the owner showed them a litter of eight puppies, along with the mother and father bulldogs.

All the animals seemed to be in good shape, she said, and they reportedly had all their shots.

Stafford said she decided not to buy a puppy for the $1,000 asking price.

A search of the Internet also displayed an ad for English bulldogs on BreedersClub.net, with a contact name and a phone number matching the California Avenue owner.

The puppies on the site, which was last updated last month, are listed as 10-week-old AKC champion bloodline bulldogs with a father in a "5th generation pedigree." The asking price for the puppies on the site is $1,800.

A call to the AKC found that two bulldogs have been registered with the organization from the California Avenue address and in the owner's name, but the registration is not current, according to Daisy Oakas, AKC assistant vice president for communications.

"No litters have been registered therefore no AKC registerable puppies would be being sold," Oakas said in an e-mail.

It is not illegal to breed animals in the city, but regulations limit the time to adopt them out.

Residents can keep only up to three adult dogs, according to Libbey, unless they are breeding puppies, upon which there is a six-month time to adopt the litters out. All 23 of the dogs found at the California Avenue home were adults.
Source: WSBT - June 28, 2008
Update posted on Jun 29, 2008 - 1:02AM 
South Bend Animal Control officers are cleaning up and caring for 23 dogs that were seized Tuesday night from a South Bend garage.

They say they will pursue animal cruelty charges against the man who lived there.

They were taken after neighbors called police Tuesday night to report a foul smell. When they got to the home in the 1000-block of California Avenue, they found all 23 dogs in cages in the garage.

In South Bend it's against city code to have more than three pets. But Animal Control officers say they were more concerned with how and where these dogs were living.

"No animal should have to be kept in a cage 24 hours a day, seven days a week," said Gary Libbey with Animal Control. "That's not a way for an animal to live."

Authorities say while they have seen worse, the animals definitely "needed some attention."

They were well-fed but dirty, appeared to have skin conditions, overgrown toe-nails and matted hair.

"The matted hair can lead to many different medical problems for the animals," Libbey said.

So what was going on here?

"Whether it was an animal hoarding situation or if indeed it was a puppy mill, we'd like to get all our facts together before we make any determination on what was actually going on," Libbey said.

No one was home when the dogs were seized, and no one appeared to be home when WSBT News stopped by Wednesday. Down the street, neighbors had been wondering.

"I can't really say if they were breeding the dogs or whatever - I can't really say because I don't know - but I have seen them taking dogs in and out of the house in cages," said neighbor Michelle Sheppard. "So I figured that, when I saw the police yesterday, I figured it was full of dogs."

Once they're cleaned up, some will go up for adoption, others with behavioral or health issues will go to rescue groups throughout the area.

Animal Control did notice other dogs inside the house Tuesday night. They say they didn't pursue a warrant to get into the home because it was after hours and the dogs didn't appear to be in imminent danger. But Wednesday morning those animals were gone.

They say they know who the homeowner is and they plan to talk to the prosecutor's office about what charges could be filed, including animal cruelty.
Source: WSBT - June 25, 2008
Update posted on Jun 29, 2008 - 1:01AM 

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