Hoarding - 64 dogs found in two homes - West Union, OH

Monday, Mar 29, 2010

County: Adams

Charges: Misdemeanor
Disposition: Alleged

Alleged:
» Joyce Nixon - Convicted
» Evelyn Nixon - Convicted

Case Updates: 8 update(s) available

Animal control authorities continued the task of removing dozens of dogs from two Adams County homes that are the subject of an animal abuse investigation.

County dog warden Paul Hughes said that as many as 64 dogs were found living in filthy conditions at the two homes -- one in West Union and the other in rural Adams County.

Hughes said authorities were called to the homes after a report of dogs running loose. Hughes told WLWT's Brian Hamrick that when officials arrived at the home, they noticed a smell that led them to investigate further.

The owners of the homes voluntarily allowed Hughes to enter the homes, where Hughes said he discovered up to a foot of excrement and other squalor. He said investigators also found two plastic tubs and a wagon full of dead dogs and puppies, some dating to 2008.

Hughes said that the owners of the animals told him they were trying to save money to cremate the pets.

Joyce Nixon, the owner of the dogs, spoke with WLWT Monday evening as the authorities began taking away her dogs. Nixon said she lost her job and was diagnosed with cancer. She said the conditions inside the home went down from there.

"I love the dogs. I want people to leave me alone about the dogs," she said.

Nixon cried as some of the dogs were taken away. "They're my life," she said. "I ain't dirty."

Nixon said that she hoped to start a nonprofit to take in and shelter other dogs from around Adams County. No charges have been filed against Nixon.

Hughes said the dogs weren't necessarily being abused and that none of them appear to be malnourished.

Hughes said agents will return to the homes Tuesday to remove more dogs. The rescued animals were taken to a shelter in Peebles. They will be examined for possible health problems.

The Adams County Animal Response Team is looking for veterinarians to volunteer their time to help give those health exams. Vets who want to volunteer can call 513-702-8373.

Case Updates

One of two women found guilty in a companion dog case was sentenced Monday in Adams County Court. In November, Evelyn Nixon, age 72, entered an Alford guilty plea to one of 15 original charges of prohibitions concerning companion animals. "Unlike many cases I see in this court, I don't see any bad intent," Judge Alan Foster told Nixon. "You are a victim of your own emotions. You don't want to see animals suffer... You can't solve everybody's problems." After hearing recommendations by Kris Blanton, representing the state, and defense attorney Greg Carroll and a statement from Nixon, Foster sentenced Nixon to six months in jail, which were suspended; two years of probation, with six months of intensive supervised probation; no ownership of companion animals until further order of the court; a fine of $100; and court costs. Under the supervised probation, Nixon will have to report weekly to the Adams County Probation Department and undergo counseling as directed by the department. Foster told Nixon she was not to own any companion animal until he saw a modification of her behavior. There would be no exceptions - not any animal, not a bird, a horse or a Guinea pig, and especially not a dog. "I was never mean to animals," Nixon told the court. "We've had animals for 14 years, and I've spent close to half a million dollars taking care of them." Nixon also described to the court abuse she has received from other people since her arrest. "I've been shot at four times," she said. The state of Ohio had recommended that any jail sentence be suspended, and that Nixon only have to pay court costs. Believing that Nixon currently had dogs in her possession due to a report by Adams County Dog Warden Paul Hughes, Blanton asked that she be required to forfeit the animals and prohibited from owning more animals. He also recommended that she undergo a mental evaluation and counseling. "That would protect Mrs. Nixon from having to go through something like this again," he said. Upon learning from Nixon her monthly income, Foster ordered her to pay the fine and court costs in payments of $200 per month. Carroll reiterated that Nixon entered the Alford guilty plea, not because she was guilty, but because he and Nixon believed she would be found guilty. He also said that to his knowledge, she did not currently own any animals. "I think in reality what happened here - we are a throw away society," Carroll said to the court. "Parents let their children have pets... when they don't want them anymore, they get rid of them in the easiest way possible. Sometimes that just means opening the back door. When she sees a stray, it pulls at her heart strings. "I fail to see how my defendant was a threat to this county," he said. "She spent untold amounts of money on dog food, bedding and veterinary care, well into five figures." Following the hearing, Carroll said, "What is significant is the court recognized she is a person of immense good will. That good will may have put her in a position where she couldn't manage all the animals discarded by our society." One piece of evidence Nixon permitted Carroll to reveal, of the evidence they had planned for her trial, was a letter from an animal clinic. The letter said Nixon had been a client for eight years. During that time they saw 55 canines, and she had spent $17,367 at the clinic. On occasion, the clinic had provided services at no charge and/or discounted fees. "I volunteered to take her case, after four other attorneys turned it down, out of a responsibility to the court and the profession," Carroll said. "She was deserving of solid representation." In a companion case, Nixon's daughter, Joyce Nixon, is scheduled to be sentenced in January, 2011 after also entering an Alford plea and being convicted of the misdemeanor charge of prohibitions concerning companion animals.

Source: peoplesdefender.com - Dec 28, 2010 Update posted on Dec 30, 2010 - 2:01PM

An Adams County woman accused of keeping dozens of dogs in filthy conditions has been found guilty of abusing the animals. Joyce Nixon made an Alford plea Monday, which means that while she was not admitting guilt, she was found guilty by the judge. More than 60 dogs were taken by animal control after being found in extremely unhealthy conditions in March. All of the dogs that were healthy enough were eventually adopted out. Nixon was convicted of animal maltreatment. Prosecutors said specifically it was the part of the law that deals with torture, torment and cruelty. Nixon will be sentenced on Jan. 31 and faces up to 180 days in jail, a mental health evaluation and the possibility of never being allowed to own animals again. Her mother, Evelyn Nixon, was found guilty in the same case last month. She will be sentenced Dec. 27.

Source: global-chronicle.com - Dec 29, 2010 Update posted on Dec 30, 2010 - 1:51PM

The first defendant in a dog abuse case was scheduled to go to trial today in Adams County Court. Joyce Nixon will face 54 counts of prohibitions concerning companion animals. Due to technicalities with discovery, the case was continued and will be rescheduled to a later date. The charges stem from alleged conditions under which 69 dogs were kept by the Nixons on E. Main Street, West Union, and on Lynx Drive, Lynx, in March, according to court documents. The complaints against the Nixons were signed by Adams County Dog Warden Paul Hughes in July. The dogs were confiscated by Hughes and volunteers in March. Nixon's mother, Evelyn Nixon, was also charged with 15 counts of prohibitions concerning companion animals for the same incident. Joyce Nixon has been in jail since Oct. 5, when she, her mother and another family member were arrested after a land owner filed in court that they were living on his property in Brush Creek Township "without permission to do so by anyone authorized to give consent." Eight dogs were allegedly found on the property, which was against a condition of her bond in the dog case. Upon the recommendation of both her public defender, Robert Rickey, and representative of the state of Ohio, Assistant Prosecutor Kris Blanton, Nixon was let out of jail on another own recognizance bond.

Source: peoplesdefender.com - Oct 27, 2010 Update posted on Nov 19, 2010 - 10:00PM

An Adams County woman has been found guilty of keeping dogs in deplorable conditions. Evelyn Nixon was found guilty Friday of one count of prohibitions concerning companion animals. Nixon and her daughter, Joyce, were initially charged with nearly 70 counts of animal cruelty after dozens of dogs were found at two homes near West Union. Images: Nixon will be sentenced Dec. 27. Haslam said she could be prohibited from owning or caring for pets indefinitely.

Source: wlwt.com - Nov 19, 2010 Update posted on Nov 19, 2010 - 9:51PM

Pretrials were held in Adams County Court during the past week in the cases of two Adams County women facing multiple misdemeanor charges stemming from alleged conditions under which more than 60 dogs were kept on their properties in West Union and Lynx in March. The complaints against Joyce Nixon and her mother Evelyn Nixon were signed by Adams County Dog Warden Paul Hughes. The dogs were confiscated by Hughes and volunteers in March. On Friday, Judge Alan Foster reviewed the status of the cases against 72-year-old Evelyn Nixon for 15 counts of prohibitions concerning companion animals. Upon a request by public defender Greg Carroll, he agreed to allow the case to be continued. "The more time I spend with this case, I assure the court there is a volume of material that I need to go through to be able to put into a fashion and present to the state for our discovery," Carroll said. "They (the prosecution) have had six months to put their case together." Carroll was assigned to Evelyn Nixon's case during her arraignment on July 19, and requested six to eight weeks to prepare the case. He described his client as being in a diminished financial condition and said she recently lost her husband. According to a death notice from Lafferty Funeral Home, her husband, Lloyd Nixon, died on July 29 at the Veterans Administration Hospital in Chillicothe. In addition, Carroll noted that Nixon had a lack of transportation and lacked a stable residence. When questioned about where she lived, Nixon responded she was living in a rental property in Lynx. Nixon stated she was willing to waive her right to a speedy trial. Foster scheduled a final pretrial in the case for Friday, Oct. 1 at 9 a.m. He told Carroll that he must have all discovery completed by that time, and a trial by jury, as requested by Carroll, would also be scheduled by that time. On Monday, Joyce Nixon appeared for a pre-trial with public defender Robert Rickey, of Georgetown. She faces 54 charges of prohibitions concerning companion animals. A final pre-trial was scheduled for Sept. 13 at 9 a.m.

Source: peoplesdefender.com - Sept 1, 2010 Update posted on Nov 19, 2010 - 9:41PM

The Adams County Prosecutor's Office has filed 69 charges against Evelyn Nixon, 72, and her daughter, Joyce Nixon, 55, for dog abuse. The complaints against Nixons were filed by Adams County Dog Warden Paul Hughes earlier this month. The Nixons were arraigned Monday afternoon before Adams County Court Judge Alan Foster. Evelyn Nixon was charged with 14 counts and Joyce Nixon was charged with 55 counts of first-degree misdemeanor companion animal abuse. "They were appointed a public defender and were released on an own recognizance bond with the stipulation they do not own or care for any companion animals," said Adams County Prosecutor Aaron Haslam. In similar cases, possible sentences for a conviction may be up to $1,000 fine and up to six months in county jail, Haslam said. An alternative sentence for a conviction could also be probation with a possible psychological evaluation, at the defendant's expense, and possible restitution for agencies which assisted in caring for the animals, he said. The charges relate to alleged conditions 69 dogs were kept in on the Nixons' properties on East Main Street, West Union, and on Lynx Drive, Lynx. After complaints about deplorable living conditions at residences in Lynx and West Union, at least 69 dogs were confiscated by Hughes and volunteers in March. The round-up of the dogs resulted in many of the dogs being placed in temporary, foster or adoptive homes, officials said. The Nixons continued to decry the confiscations; Evelyn often referred to several of the animals like children and as reminders of family members who had died. Joyce Nixon repeatedly requested to be left alone by the public and media about the dogs, prior to and during the confiscation. She stated to the media, on several occasions, there was nothing wrong with the conditions in her home. Dogs of all sizes and ages were discovered on the properties. During a recanvas of the property in Lynx, rescuers discovered a mother dog had been burrowing through muck to a partially covered dog house where her puppies were. Rescuers had to dig out the puppies which were reunited with their mother and turned over to a rescue organization. Feces covered animals, along with plastic boxes containing the remains of dead dogs littered the Lynx property. What officials also exposed was a nauseating conglomeration of free-roaming dogs, dogs confined in buildings, mobile homes, cages and barns, officials said. The Nixons blamed part of the problem on people who had abandoned dogs with them, and Joyce Nixon said she had been ill and unable to complete plans to develop a shelter and create an adoption program which would assure the dogs would not be killed. Evelyn Nixon claimed to spend $200 a week on dog food. "I went into the house (in West Union) just to check for any dogs that may have gotten missed," said West Union Police Chief Roy Stricklett. "I couldn't believe (Nixon's) had been living in that mess. It was nauseating and I will never forget it." Evelyn Nixon claimed they had attempted to adopt out some of the dogs, prior to the raid, but discovered an Internet-based agency they had dealt with may have killed the animals, so they stopped, she said. According to officials, the Nixons had been warned about dog problems, including harboring too many at a residence in West Union, in the past, yet complaints continued.

Source: maysville-online.com - Jul 19, 2010 Update posted on Nov 19, 2010 - 9:22PM

Two women, whose dogs were removed from their property by Adams County Dog Warden Paul Hughes and volunteers in March, say they loved the dogs as they would children. During a four-day span, the Adams County Dog Warden and volunteers collected the dogs from two properties in Lynx and West Union owned by Joyce Nixon, allegedly in response to complaints about the dogs and the properties and to rescue the dogs from living in unhealthy conditions. Most of the dogs allegedly belonged to Nixon and her mother, Evelyn Nixon. The Nixons said 72 dogs were taken. "I feel like they took our life away," Evelyn Nixon said in an interview last week. "We left because we couldn't stand to see it." The colony of dogs the Nixons kept began with a few they adopted, according to Joyce Nixon. Others were dropped off or just came, she said. "I started a no-kill shelter 14 years ago," said Joyce. "I think a dog should be treated as a baby would. A few of them of them I adopted out. I would tell the people, 'If you get rid of them, call so I can find a good home for them.'" Joyce also said she would have liked to have better shelter for the dogs. "I would like to have a barn built so (the dogs) could have a better place," she continued. "I had plans drawn up." Construction of a barn on Nixon's 6.3-acre property in Lynx was never begun, Joyce explained, due to her own health issues beginning in 2005 and due to the loss of her job. "Why not just get somebody to help me? Wouldn't it be better to leave the dogs with someone who loves them?" Joyce said. "If all of the volunteers who came out to take our dogs had helped put up the barn, it would have gone up in no time." In lieu of a building to keep the dogs in, Joyce said she used dog houses and kennels. She said she dug holes six to 12 inches deep to put the dog houses in so they would be cooler in the summer and warmer in the winter. She said she also used cedar shavings or straw to put in the pens or cardboard covered with straw when it was really muddy. Joyce said she and her mother would go out to feed the dogs at night, and it would take them five or six hours. "It took all night if we put straw down," she added. In previous years, the Nixons bought dog tags at the Adams County Auditor's Office for as many as 11 dogs and kennel licenses for the purpose of raising hunting dogs. This year, there is no record that they bought a kennel license, but dog tags were purchased for a total of eight dogs. The Nixons mentioned several dogs had died and were being kept until the animals could be cremated. Evelyn brought along a varnished wooden box, with a reproduction of a paw on top, which she said contained the cremated remains of her dog Mikey. "The place where they cremated him made an impression of his paw print, and then made a cast of his paw," Evelyn said. "We planned to get the other dogs cremated when we got the money. We thought this was a way to keep the memory of them." "We took the last money we had and put it into feed for those dogs," said Joyce. "We would rock them and sing to them. If someone takes them in and treats them like a kid, then that's fine," she said.

Source: peoplesdefender.com - Apr15, 2010 Update posted on Nov 19, 2010 - 9:16PM

As Adams County animal control officials continue to clean and sort dozens of dogs and puppies recovered from two properties belonging to members of Joyce and Evelyn Nixon's families, legal professionals are pondering possible charges against the two West Union women. A week ago, efforts began to seize more than 70 dogs and puppies from a home in West Union and a residence in Lynx. "I went into the house (in West Union) just to check for any dogs that may have gotten missed," said West Union Police Chief Roy Stricklett. "I couldn't believe (Nixon's) had been living in that mess. It was nauseating and I will never forget it." The seized dogs have been taken to a safe location where they can be cared for, officials said. Feces covered animals, along with plastic boxes containing the remains of dead dogs littered the Lynx property. What officials also exposed was a nauseating conglomeration of free-roaming dogs, dogs confined in buildings, mobile homes, cages and barns. One cage contained so much waste and mud the doghouse was buried in three to four feet of muck and beneath the muck, in the doghouse, were several live puppies and their mother, officials said. Cleaned up, the mother and puppies are doing well, said Laura Morris, a volunteer who helps by providing a foster home for the canine family. "They are doing very well now that their living conditions have improved. They are so sweet," Morris said. "Mom still growls a little at strangers, but I think it just being protective of her pups after all they have been through. The puppies had urine burns on their little feet from the filth, but they are healing and getting fat." Morris asked the public to come forward as volunteers to help care for the remaining dogs. Professionals are also needed to help provide veterinary care and health evaluations. Members of the initial rescue volunteers from County Animal Rescue Team will be leaving in the next couple days, officials said. CART is similar to a HAZMAT team for animal situations, never intended to be long-term care providers, officials said. "There is a mistaken impression, because a few of the dogs have been placed in rescue homes they are all in rescues; that is not the case. Paul (Hughes, Adams County Dog Warden), is handling the situation and I know they need more help coordinating the process, Morris said. This is not the first time the situation at Nixon's West Union home was cited. "There were charges a few months ago due to the trash and violation of the ordinance on the number of dogs per household," Stricklett said. "The limit is three dogs per household; the other day they had at least eight. Paul (Hughes) is handling the current case." Charges against both Nixons have been presented to Adams County Prosecutor Aaron Haslam for consideration, Hughes said. "At this time the exact charges have not been released, but there are charges pending," Hughes said Monday. For information on how to help contact Hughes at 937-544-2431 or through the Adams County Sheriff at 937-544-2314. Contact Wendy Mitchell at [email protected] or call 606-564-9091, ext. 276.

Source: maysville-online.com - Apr 5, 2010 Update posted on Nov 19, 2010 - 9:11PM

References

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