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Case ID: 14450
Classification: Drowning, Neglect / Abandonment
Animal: dog (non pit-bull)
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CONVICTED: Was justice served?

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Case #14450 Rating: 3.3 out of 5



10 puppies drowned, 2 abandoned, breeder charged
Somers, MT (US)

Incident Date: Thursday, Aug 21, 2008
County: Flathead

Charges: Felony CTA
Disposition: Convicted
Case Images: 1 files available

Defendant/Suspect: John Lawrence Heine

Case Updates: 3 update(s) available

A retired Kalispell doctor will be prosecuted for abandoning 12 puppies last week at the green-box site in Somers.

John L. Heine, 74, was charged Wednesday with felony aggravated cruelty to animals, according to the Flathead County Attorney's Office.

A warrant will be issued for his arrest.

Heine said Wednesday he tried to kill all the puppies because he feared they would contract parvovirus.

The puppies were found the afternoon of Aug. 21, along with common household trash, in a gray plastic garbage bag. Ten of them were dead, apparently drowned.

The two remaining puppies, one male and one female, are recovering well, said Jenn Makulec, who is caring for the infant German wirehaired pointers at her home.

"They're really strong, They're really active," Makulec said. "They miss their mama, and their mama must just be going nuts."

The puppies " named Tucker and Rally by Makulec " are the objects of much attention.

"They're like public puppies. Everybody wants to see them," Makulec said. "If all 12 had just been left in a box next to the Dumpster, they'd all have homes by now."

Makulec, who is contracted by the county to maintain green-box dump sites, was working at the Somers site about 1 p.m. on Aug. 21 when a regular salvager heard faint squeaks coming from inside one of the trash containers.

The salvager opened a garbage bag and discovered the sodden bodies of 10 puppies. They had been drowned in a bucket, according to investigative reports.

Makulec wrapped the two surviving puppies in a shirt and brought them to the Flathead County Animal Shelter on Cemetery Road before returning to take them home. The black-and-white pups were less than a day old when they were abandoned.

"I'm pleased it"s a felony," Flathead Valley Animal Shelter director Kirsten Holland said. "We"ll wait and see how things go and hope justice is served."

Holland said Heine refused the animal shelter"s request that the puppies" mother stay at the shelter to nurse the surviving puppies.

Dumping animals where they can suffer injury, hunger, exposure or become charges of the public is illegal in Montana, as is putting down animals in an inhumane way.

"I didn't know that at the time, otherwise I wouldn"t have done it," said Heine, who claimed ignorance of the law.

A retired obstetrician from Kalispell, Heine said he breeds dogs and the abandoned puppies were an unwanted litter. He has been retired from medicine for about five years, but has trained dogs for more than 40 years.

Heine said Wednesday that he killed, or attempted to kill, the puppies because of the possibility they would catch parvovirus, a viral disorder often fatal to puppies. He had imported from Texas two puppies that had the disease, contaminating his kennel. Those puppies later died.

Heine currently owns or is training 12 other dogs. He came to the shelter Aug. 22, the day after the puppies were found, to apply for a kennel license, Holland said.

If convicted, Heine faces up to two years in prison and a $2,500 fine.


Case Updates

A retired Kalispell doctor convicted of abandoning 12 puppies, including 10 that had been drowned, at the green-box site in Somers last summer has been given probation.

John Lawrence Heine, 75, was ordered to serve a six-month deferred sentence during a hearing Thursday afternoon in Flathead County District Court.

Heine, who breeds and trains bird dogs as a hobby, has said he tried to kill the puppies because he feared they would contract parvovirus.

While he is on probation, Heine will not be prohibited from owning dogs or maintaining a kennel.

District Court Judge Stewart E. Stadler also suspended a $1,000 fine, but recommended Heine contribute $2,500 to help the Flathead County Animal Shelter spay or neuter pets and strays.

Several colleagues and friends testified Thursday that Heine was an exemplary member of the community and loved raising dogs.

"It's really a passion of his ... I've never seen a dog shy away from him," said Heine's neighbor and friend Bub Lodinoff. "I've never, ever seen him strike a dog, hit a dog."

Another friend, Stephen Van Helden, told the court that Heine was a compassionate and generous person.

"He has this ability to know how a dog thinks, and dogs just love him," Van Helden said.

Heine pleaded no contest in May to one count of felony aggravated cruelty to animals. In exchange, prosecutors dropped two counts of misdemeanor cruelty to animals.

"I think I know you regret what happened that day," said Flathead County Attorney Ed Corrigan, who told the court he pursued the case against Heine not because of public pressure but because the law was violated.

According to court records, the 10 dead and two living puppies were found the afternoon of Aug. 21, 2008, at the green-box site on Montana 82. A regular salvager discovered them along with common household trash in a gray plastic trash bag.

The puppies had been drowned in a five-gallon bucket, according to court papers filed by Heine's attorney.

Investigators were able to identify Heine as a suspect through mail in the garbage bag.

The two surviving puppies, male and female German wirehaired pointers, were taken to the Flathead County Animal Shelter where they were put up for adoption and are now 'very healthy," Flathead County Animal Shelter director Kirsten Holland said.

Holland testified Thursday she hoped Heine had learned that people and organizations are out there to help animal owners deal with unwanted pets in a humane manner.

"Having those puppies come to the shelter in the state they did made me want to work harder," she said.

Dumping animals where they can suffer injury, hunger, exposure or become charges of the public is illegal in Montana, as is putting down animals in an inhumane way.

Heine, however, grew up on an Iowa farm where veterinary work was done by family members and euthanasia by drowning was an accepted practice.

According to court papers, Heine kept the 12 puppies underwater for more than 20 minutes and twice checked to make sure they were dead before dumping them.

"The ... evidence is that this is a one-time event," said Heine's attorney, John E. Smith. "Dr. Heine is not an animal abuser."

Heine has said he killed or attempted to kill the puppies because of the possibility they would catch parvovirus, a viral disorder often fatal to puppies. In June 2008 he imported two puppies from Texas that had the disease, contaminating his kennel and infecting a third animal. The puppies from Texas later died.

The abandoned puppies were an unwanted litter, fathered by a stray and born into the contaminated kennel.

A retired obstetrician from Kalispell, Heine has trained dogs for more than 40 years and his kennel earned a solid reputation among his clients and colleagues.
Source: Daily Interlake - July 3, 2009
Update posted on Jul 5, 2009 - 8:57PM 
A retired Kalispell doctor who pleaded no contest to charges that he abandoned a dozen puppies at a dump site in Somers will be sentenced in July.

John Heine was charged with Felony Aggravated Cruelty to Animals in connection with the incident and initially denied the charge, but changed his plea last week in Flathead County District Court.

Prosecutors dropped two counts of Misdemeanor Cruelty to Animals in exchange for the plea, and will recommend that Heine receive a probationary sentence.

The puppies, only two of which survived, were found August 21st in a garbage bag at a dump site.

Heine, a retired obstetrician who breeds dogs, said he tried to drown the puppies because they were an unwanted litter. He also feared they might contract parvo-virus after two puppies he had shipped from Texas died from the disease.

His sentencing has been set for July 2nd.
Source: KPAX - July 4, 2009
Update posted on Jul 5, 2009 - 8:53PM 
A retired Kalispell doctor accused of abandoning 12 puppies at a dump site in Somers pleaded not guilty Thursday to felony aggravated cruelty to animals.

John L. Heine, 74, was arraigned in Flathead County District Court. The puppies, only two of which survived, were found Aug. 21 in a garbage bag at a dump site.

Heine, a retired obstetrician who breeds dogs, has said he tried to drown the puppies because they were an unwanted litter and he feared they might contract parvovirus after two puppies he had shipped from Texas died from the disease.

Shelter officials said the dogs, which were less than a day old, showed no sign of parvo.

Dale Bartlett, The Humane Society's deputy manager of animal cruelty issues, called for the case to be fully prosecuted and for Heine to be sentenced to jail if convicted.

"We are concerned about this case not only for its extreme callous cruelty behind the alleged act, but also because Mr. Heine, as a dog breeder, has custody over many dogs," Bartlett wrote in a letter to Flathead County Attorney Ed Corrigan.

Heine's trial has been scheduled for the February jury term. If convicted, he faces up to two years in prison and a $2,500 fine.
Source: Flathead Beacon - Sept 13, 2008
Update posted on Sep 13, 2008 - 5:34PM 

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