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Attorneys/Judges
| Prosecutor(s): | Allen Bell Jr. | | Judge(s): | David W. Lewis |
CONVICTED: Was justice served?
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Case #14416 Rating: 2.9 out of 5
Animals abandoned in home
Paris, IL (US)Incident Date: Monday, Jun 16, 2008
County: Edgar
Charges: Misdemeanor
Disposition: Convicted
Defendants/Suspects:
» Denise Shaffer - Not Charged
» Scott O. Shaffer
A woman accused of starving her pets attempted to thwart a legal effort compelling forfeiture of the animals.
Denise Shaffer of Paris represented herself at the forfeiture hearing Thursday morning (Aug. 14, 2008), in Edgar County Circuit Court. The state asked the court to vacate Shaffer's ownership of two pit bull puppies, four snakes and four lizards. She protested the action and petitioned the court to return the animals to her.
During an opening statement, Allen Bell Jr., assistant Edgar County State's Attorney, explained the Humane Care of Animals Act requires a two-step process to establish forfeiture when the issue is contested. He said the first action is to establish a bond to assure payment for the animals' care.
Bell noted with bond in place the court can then address the actual forfeiture question.
The state's first witness was Sgt. Roger Finley of the Paris Police Department, who testified about the conditions within the apartment Shaffer and her husband, Scott A. Shaffer, vacated.
"Just unbelievable filth," said Finley. "Two dogs were in a small cage, lying in the own excrement. There were roaches everywhere."
The officer also mentioned seeing several dead catfish floating in an aquarium.
Finley explained the police were contacted on June 16 by the owner of the building who advised the Shaffers moved out a week before and he just discovered the animals upon checking the apartment.
According to Finley, no food or water was present for the dogs. He added the animals didn't move when officers approached the cage.
"At first, I thought they were dead," said Finley.
He described their condition as having the skin "sunken in" and their backbones and hip bones readily visible.
"They obviously had not eaten in a long time," Finley observed.
The officer testified that police took the puppies outside and a representative of the Edgar County Humane Society responded to the address with food and water.
Finley said the dogs revived some after being fed and were taken to the animal shelter overnight and later transported to an area veterinarian hospital as were the snakes and lizards discovered in another room of the Shaffer apartment.
Veterinarian Dr. Michael Staub, owner of the Countryside Animal Hospital, also testified for the state. He said the dogs were emaciated, covered with urine and feces and had multiple sores when they arrived at the facility.
"The reptiles were thin and lethargic, except for the boa," said Staub.
The doctor explained the sores on the dogs could have resulted from several causes, noting the urine and excrement on their bodies was a likely source. Another possibility was pressure point sores from inadequate bedding, and it was also possible they may have bitten each other.
While Staub was unable to determine the cause, he said such wounds are the result of long time neglect.
Shaffer attempted to cross-examine both witnesses but was ineffective at disputing their testimony. Questioning the veterinarian, she claimed the animals were fed two days before police arrived.
Staub disagreed and estimated the dogs had gone at least seven days without food, adding one of the reptiles tested positive for a blood disorder common with malnutrition.
Shaffer attempted to refute the state's evidence by calling Shelly Peek as a defense witness. Peek testified the roach infestation mentioned by Finley was a pre-existing condition when Shaffer moved into the apartment.
Peek additionally claimed she accompanied Shaffer when the defendant fed the animals two days prior to the seizure.
Bell showed the witness a picture of the dogs taken by police in the apartment that depicted the animals' gaunt and sore covered bodies.
"When I was there, they didn't look like that," insisted Peek.
In closing argument, Bell asked the court to order a $3,224 bond to cover the expenses Staub incurred so far in caring for the animals. The vet testified in addition to medication for the dogs, it was necessary to purchase appropriate containers, food and bedding for the reptiles.
"The facts clearly show the animals were kept in a deplorable condition," said Bell.
Shaffer again insisted the animals were fed and cared for.
Judge David W. Lewis rejected Shaffer's assertions, saying the photos indicated otherwise. He ordered her to post $3,500 for the animals' care
"I don't have the resources to do that," said Shaffer.
With Shaffer's clear indication that she refused to assume financial responsibility, Lewis ordered her ownership of the animals forfeited.
Bell said after the hearing that Shaffer was not charged with a criminal act but her husband did plead guilty to a Class A misdemeanor of cruel treatment to animals.
Court records indicate Scott O. Shaffer was sentenced on July 24 to two years of conditional discharge, 30 days in jail, $250 fines and costs and an order not to possess any animals. References |
