Puppy mill - 55 dogs surrendered
Arthur, IL (US)

Incident Date: Friday, Aug 22, 2008
County: Douglas

Disposition: Not Charged

Person of Interest: Willis Helmuth

Douglas County State's Attorney Kevin Nolan announced on Thursday afternoon that he will not file criminal charges against a rural Arthur man accused of operating a puppy mill out of his home.

Douglas and Macon County animal control personnel seized 55 dogs from the home of Willis Helmuth on Aug. 22.

But Nolan said he wasn't filing charges against Helmuth because there isn't enough evidence to prosecute a case against the man.

"The state's attorney has an ethical obligation to not file charges absent a good faith belief that a jury could convict based on the evidence presented," Nolan said. "As the state's attorney believes that a jury would not convict based on the evidence available at this time, no criminal charges will be filed at this time."

Nolan noted that an inspector from the Illinois Department of Agriculture had visited Helmuth's farm two days before the dogs were seized.

"The inspector identified several issues that needed to be cured, and the resident was given time to correct these issues," Nolan said. "No animals were found to be mistreated at that time."

Jeff Squibb, a spokesman for the Illinois Department of Agriculture, confirmed that inspector Neal Zelasko had been to the farm on Aug. 20.

"We had received a complaint apparently at the same time animal control was investigating the complaint," Squibb said. "Our inspector went there and discovered the facility was unlicensed. He didn't see anything that would warrant the immediate impoundment of animals."

However, Zelasko found that one of two buildings used to house the dogs was not suitable for the animals.

"The other building was newer and in better shape," Squibb said. "The building issue would have to be addressed before we would issue a license to him."

Nolan said that the dogs would not be returned to Helmuth.

Teresa Weybright of the Macon County Humane Society said her facility has already begun finding homes for the dogs and puppies.

"We got permission to put the dogs up for adoption today, which we are doing by appointment only," Weybright told The News-Gazette. "I've got appointments every 15 minutes from noon to 4:30 p.m."

Helmuth said that the 55 dogs were valued at about $14,000.

Helmuth said he was upset that Douglas County Animal Control Administrator Kathleen McManamon seized the dogs.

"I consider it illegal robbery," Helmuth said.

"The truth of the matter is that Willis signed a release to surrender the dogs," Douglas County Sheriff Charlie McGrew said.

Helmuth said he might not want the dogs back anyway after they had been spayed and neutered by the Humane Society.

"We get between $250 and $300 for a cocker spaniel, between $300 and $400 for a Chihuahua and between $300 and $400 for a Lhasa Apso," Helmuth said. "If they are spayed or neutered, it would be a lot less."

Helmuth said that McGrew came to Arthur on Friday afternoon to apologize for the entire series of events.

"I've known Mr. Helmuth for a long time, and I have never known him as a person who would abuse animals," McGrew said.

McManamon said she was surprised to learn that charges were not going to be filed.

"That's awful," McManamon said. "I thought I gave the state's attorney some good evidence yesterday. At least those dogs are safe in Decatur."

McGrew said that he had sent a deputy to the farm on Aug. 20, while the dogs were being seized, as a precautionary move.

"Our responsibility was to go out and keep the peace, and we did that," McGrew said.

Helmuth said he had been selling puppies for about two years.

Helmuth said that Weybright did not identify herself as a Humane Society employee when she stopped by his farm on Aug. 19.

"She said she wanted to look at a cocker spaniel puppy we had for sale," Helmuth said. "I took her to look at the puppies. After she spotted a brown cocker spaniel, I told her what the price was.

"She said she had to talk it over with her husband, and she left."

The next day the state inspector, Zelasko, arrived at the farm.

"He said he got a complaint that our dogs were bad, so he needed to see them," Helmuth said. "We went out to look at the dogs. Zelasko said our dogs were wonderful."

After being notified by the ag inspector that he needed a license to raise and sell dogs, Helmuth said he filed the paperwork for a permit to allow him to resume operations at a future date.

Zelasko gave Helmuth 30 days to get the license.

Helmuth said that he was at a doctor's appointment on Aug. 22 when McManamon and two Humane Society vans pulled into the driveway.

Helmuth's wife, Dorothy, said she felt intimidated when McManamon demanded to take the dogs.

Both McGrew and Helmuth denied a report that two dead dogs had been found in Helmuth's cages.

"Our deputy did not see any dead animals," McGrew said.

"The dogs had food and water and were well cared for," Helmuth said. "The deputy told me he was embarrassed."

Helmuth said the rest of the Amish community has been extremely supportive to his family since he lost his dogs.

"We're taking this opportunity to re-do our kennels," Helmuth said.

Helmuth said that he doesn't plan to sue the county over the incident.

"We're Amish," Helmuth said. "We're not fighters, so why would we want to sue?"

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