Case Details
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Case Snapshot
Case ID: 15274
Classification: Neglect / Abandonment
Animal: cat, deer, bird (wildlife), chicken, rodent/small mammal (pet)
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Person(s) in animal care
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Attorneys/Judges
Judge(s): Carol A. Pankake, Jacqueline L. Russell



CONVICTED: Was justice served?

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Starving and dead cats found at sanctuary
Pine Grove, PA (US)

Incident Date: Saturday, Jan 24, 2009
County: Schuylkill

Charges: Misdemeanor
Disposition: Convicted

Defendants/Suspects:
» Virginia E. Justiniano
» Andrew J. Oxenrider

Case Updates: 4 update(s) available

Pine Grove police on Thursday filed 118 counts each of cruelty to animal charges against a man and woman in connection with an investigation into a Jan. 24 incident in Pine Grove Township.

The woman, police said, was running a cat sanctuary she called Cats with No Name.

Patrolman Jeffrey R. Futchko filed the charges against Virginia E. Justiniano, 49, and Andrew J. Oxenrider, 37, who both resided at 33 Walmer Lane.

The neglected cats were discovered after a Jan. 24 traffic incident, in which Oxenrider was arrested and charged with drug possession and attempting to bribe a police officer. The incident led authorities to the sanctuary, where police said they found more drugs, as well as neglected and dead cats.

In addition, new charges of permitting violation of title, possession of drug paraphernalia and possession of a controlled substance were filed against Justiniano. The new offenses are in addition to original charges of possession of a controlled substance, possession with intent to manufacture or deliver a controlled substance and possession of drug paraphernalia.

In addition to the cruelty charges against Oxenrider, Futchko on Thursday filed charges of 19 counts of possession of a controlled substance and one count each of possession of drug paraphernalia and conspiracy.

Thursday's filings are added to Oxenrider's original charges of driving while operating privileges are suspended or revoked, bribery and possession of drug paraphernalia.

Magisterial District Judge Carol A. Pankake set bail at $25,000 for each in addition to the original $25,000 set for Justiniano and $15,000 for Oxenrider when they were arrested in January. Both were returned to Schuylkill County Prison where they are being held, still unable to post bail from the first set of offenses.

Volunteers with the Ruth Steinert Memorial SPCA waited outside Pankake's Tremont court while police escorted Justiniano and Oxenrider inside for what was scheduled to be their preliminary hearing on the original drug charges.

That hearing was continued until a later date so the two can appear on all the charges at one time, assistant district attorney Douglas Taglieri said.

SPCA volunteer Beth Hall said the condition the 148 cats and 10 other animals were found in was unspeakable.

"Our opinion is that it was heinous. In my opinion, it was like a kitty concentration camp," she said. "We just don't understand."

Mary Ellen Smith, president of the Steinert SPCA board, said the animals were subjected to "obvious cruelty and neglect."

"We just hope there's justice for these deceased animals and for the ones that survived," she said.

Hall said that in addition to the 148 cats, there was also a deer, four ferrets, two chickens, a rooster and two geese.

She said that of the 148 cats found, more than half died.

"This was like a kitty Auschwitz," Hall said.

She recalled seeing pallets and pallets of cat food that Oxenrider or Justiniano failed to give to the animals.

"The resources were there," she said.

Police said that Justiniano ran a legitimate animal care operation until she became deeply involved in drugs.

During a search in January, Futchko said, officers found cocaine, ketamine, marijuana, doxycycline and oxytetracycline along with several thousand hypodermic needles and materials used for packaging drugs.


Case Updates

Virginia E. Justiniano's failure to avoid possessing animals will cost her at least two years of freedom, as a Schuylkill County judge sent her to a state prison Friday for that violation of her parole.

Justiniano, 50, formerly of Enola, must serve two to six years in a state correctional institution, Judge Charles M. Miller ruled after revoking the parole he had granted her in February.

"Her basic problem is her attachment to animals," said Justiniano's lawyer, Assistant Public Defender Kent D. Watkins.

That attachment, however, flew in the face of the condition of Justiniano's parole that barred her from possessing any animals for 10 years.

Assistant District Attorney Douglas J. Taglieri told Miller that the violation was obvious in early May, when parole officers visited the 65 Tremont Road property that Justiniano and her fiance, Andy J. Oxenrider, were renovating.

"When he opened the door, several cats came to the door," Taglieri said.

SPCA officials removed four cats, a ferret and a goldfish from the residence, Taglieri said.

Miller also ordered Justiniano to undergo a mental health evaluation during her confinement in a state correctional institution.

Justiniano, who admitted she violated the terms of her parole but otherwise said nothing during or after Friday's hearing, pleaded guilty Feb. 18 to 117 counts of cruelty to animals, 20 of possession of a controlled substance and two of possession of drug paraphernalia.

Miller accepted Justiniano's plea and sentenced her to time served to 12 months in prison with immediate parole, 11 months consecutive probation. He also sentenced Justiniano to pay costs, $800 in fines and $1,360 restitution to the state police crime laboratory in Bethlehem, perform 50 hours of community service and not possess any animals for 10 years.

Pine Grove police charged Justiniano and Oxenrider with mistreating cats, chickens, ferrets, geese and a deer on Jan. 24, 2009, at the Cats with No Name sanctuary in Pine Grove Township.

Oxenrider, 39, formerly of Lebanon and Tower City, pleaded guilty on Feb. 17 to 117 counts of cruelty to animals, nine counts of possession of a controlled substance and one count each of conspiracy and possession of drug paraphernalia. Prosecutors dropped 11 counts of possession of a controlled substance and one count of bribery.

Judge Cyrus Palmer Dolbin sentenced Oxenrider to time served to 23 months in prison with immediate parole, to pay costs, $800 in fines and $1,360 restitution, perform 50 hours community service and agree not to possess any animals for the next 10 years.
Source: Republican-Herald - Jun 12, 2010
Update posted on Jun 14, 2010 - 12:36PM 
After pleading guilty in February to more than 100 counts of animal cruelty, a former Tower City man and Enola woman are again in custody after violating their parole by having at least three cats in a home they were fixing up in Pine Grove Township.

Andy Oxenrider, 38, was picked up Tuesday afternoon at 65 Tremont Road after violating the terms of his parole, which included not owning any animals for 10 years, authorities said. Virginia Justiniano, 50, was arrested Wednesday and both were in Schuylkill County Prison on Wednesday night.

According to county District Attorney James P. Goodman, the county adult probation department received a tip that Oxenrider was in the township and had drug paraphernalia and animals in the home.

"State police got a warrant. He was taken into custody on revocation," Goodman said. "There will be a parole revocation hearing."

Goodman also said additional charges will be filed.

On Jan. 24, 2009, Pine Grove police charged Oxenrider and his fiancee, Justiniano, with mistreating cats, chickens, ferrets, geese and a deer at the Cats with No Name sanctuary in Pine Grove Township.

Oxenrider was sentenced by Judge Cyrus Palmer Dolbin in Schuylkill County Court in February after pleading guilty to 117 counts of cruelty to animals, 20 of possession of a controlled substance and two of possession of drug paraphernalia.

Oxenrider was sentenced to time served to 23 months in prison and was granted immediate parole. He was also ordered to pay costs, $800 in fines and $1,360 restitution, perform 50 hours community service and agreed not to possess any animals for 10 years.

Judge Charles M. Miller accepted Justiniano's plea and sentenced her to time served to 12 months in prison with immediate parole and 11 months consecutive probation.

Miller also sentenced Justiniano to pay costs, $800 in fines and $1,360 restitution to the state police crime laboratory in Bethlehem, perform 50 hours of community service and not possess animals for 10 years.

According to neighbor Jeff Olt, Justiniano and Oxenrider were spending two or three days a week at the home fixing it up before renting it from Olt's father.

"She's supposed to be living with her sister in Dauphin County," Olt said. "She goes between here and there while she is making up her mind if she wants to rent the place or not."

Olt said state police and SPCA volunteers arrived at the home about 11 a.m. Tuesday following a report that there were animals in the home.

Jean Thomas, shelter manager for Ruth Steinert Memorial SPCA, said the SPCA was contacted by state police at Schuylkill Haven to assist with rescuing the animals, and the workers pulled three cats, a ferret and a goldfish from the half-double home.

"The homeowner is working with us. We set live traps, and he is allowing us access to the property so we can check the traps," Thomas said. "We don't know how many cats are still in there but they were jumping from the rafters."

Thomas said the animals were living in deplorable conditions.

"There was dog and cat feces everywhere," she said. "We didn't find any dogs but there was definitely dogs there at one time."

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Source: Republican - Herald.com - May 6, 2010
Update posted on Jun 2, 2010 - 4:32PM 
Andrew J. Oxenrider, who faces more than 100 charges of animal cruelty in connection with a cat sanctuary near Pine Grove, told a Schuylkill County judge at a Friday bail hearing that he wants to live with his fiancee pending trial.

Oxenrider, 39, of Saint Clair, told Judge Jacqueline L. Russell that he wants to move in with Virginia E. Justiniano, 49, of Enola, who also is his co-defendant, before they are tried in connection with the Cats with No Name sanctuary.

While she did not make an immediate decision, Russell indicated she is concerned about Oxenrider living with a co-defendant who also is facing drug charges.

"I suggest that Mr. Oxenrider find another place to live," she said.

An inability to find a place to live is keeping Oxenrider behind bars pending his trial on 118 counts of cruelty to animals and 19 counts of possession of a controlled substance, plus additional charges of possession of drug paraphernalia, bribery, driving under suspension-DUI related and conspiracy. He has posted the $1,000 needed to be free on bail, but he must arrange for a place to live before he can leave prison.

At his first bail hearing on April 3, Oxenrider said he would live with Justiniano at his Saint Clair residence if released before trial. However, he said Friday he can no longer live at his old residence, which worried Russell.

"I'm a little concerned about his representations," she said.

Oxenrider has been in prison since he was arrested Jan. 24. Justiniano, who also faces charges, already is free on bail.

Pine Grove police allege he and Justiniano mistreated the 158 animals at their sanctuary in Pine Grove Township. Police also allege they found numerous controlled substances and drug paraphernalia at the sanctuary.

Oxenrider denied Friday that the animals were mistreated or that there was anything illegal about the drugs or the paraphernalia.

"There was no cruelty," he said. "(The drugs) belonged to the (sanctuary). They were mostly veterinary."
Source: Republican Herald - May 30, 2009
Update posted on May 31, 2009 - 10:53PM 
An eastern Pennsylvania woman and her boyfriend who ran a purported cat sanctuary have been ordered to stand trial on animal cruelty and drug charges.

Virginia Justiniano and her boyfriend, Andy Oxenrider, operated the Cats With No Name Sanctuary, a cat rescue facility in Pine Grove Township, near Pottsville.

The two are accused of stockpiling donated cat food and reselling some of it at auctions to finance drug binges while leaving dozens of animals to go hungry.

Police arrested the couple in January and said they found cat carcasses piled in boxes or frozen, and other animals starving. At least 85 cats have died.

Justiniano and Oxenrider waived a preliminary hearing Thursday. Police say more charges are pending.
Source: InYork.Com - March 20, 2009
Update posted on Mar 23, 2009 - 2:02AM 

References

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