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Case ID: 15339
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Dogs severely neglected, resulting in death of one
Loxahatchee, FL (US)

Incident Date: Tuesday, Jul 29, 2008
County: Palm Beach

Disposition: Alleged

Alleged:
» Otto Pena
» Yesenia Pena

A Loxahatchee couple has been charged with animal cruelty after authorities last summer found one dog near death in their backyard and another that had recently died and been buried, reports show.

Otto Pena, 43, and his wife Yesenia Pena, 35, were booked Thursday [March 12, 2009] morning at the Palm Beach County Jail.

The two were released Thursday afternoon after posting $3,000 bond each, jail records show.

They are charged with one count each of causing cruel death, pain and suffering to an animal and two charges each of abandoning or confining an animal.

About 5 p.m. on July 29, county Animal Care and Control officers went to the Penas' home in the 14700 block of 74th Street North.

They were acting on a tip that a dog had been neglected for some time and had died, Animal Care and Control Capt. David Walesky said this afternoon.

In a corner of the property, the officers found a 12-by-12 foot pen with a thin, sickly-looking brown dog inside.

Nearby they found a what appeared to be a freshly dug grave with a small stone on top and "RIP" written in the dirt.

Officers also found a shovel, hoe and rake.

At first, Otto Pena told them his second dog must have run away.

The animal control officer cited Pena for "improper tethering" and told him never to place a dog in a choke collar.

Officers returned that night with a search warrant and Pena admitted he had buried one of the dogs earlier in the day.

The poodle mix, named Fluffy, had been buried only for hours, attending veterinarian Dr. Gloria Livades said.

She reported the dog was malnourished and suffering from fleas, parasites and heartworm.

"The dog had a difficult and tragic life because of the lack of basic preventative care," a Palm Beach County Sheriff's report said.

The surviving dog, a spaniel mix named Kristy, was found to be undernourished and also infested with fleas and parasites and suffering from heartworm, and probably had been neglected for months, the veterinarian concluded.

Animal control officers had answered to complaints in 2005 that one of the dogs had run loose and had returned to the home in 2005 or 2006 amid complaints the dog was tethered in the yard, Walesky said this afternoon. He said the Penas were issued warnings at that time.

References

« FL State Animal Cruelty Map
« More cases in Palm Beach County, FL

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