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CONVICTED: Was justice served?
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Case #16471 Rating: 2.6 out of 5
Tuesday, Jan 19, 2010
County: Brazoria
Charges: Misdemeanor
Disposition: Convicted
Defendants/Suspects:
» Mary Lu Spencer
» George Spencer
Case Updates: 1 update(s) available
When George and Mary Spencer walked out of court on Wednesday morning, they thought that turning over the animals they had abused was the end of their problems.
The couple was arrested shortly after Judge Bill Pannell removed nearly 120 animals from their possession.
Alvin police officers handcuffed the couple, as Mary Spencer said, "I thought that was the end of it".
Officer Bruce Trent explained to the couple that the warrants were issued by Brazoria County.
In his ruling, Judge Pannell said that he believed that the animals were treated cruelly, and ordered that all of the animals which had been on the couple's property be forfeited.
He then required them to reimburse the Houston Society for the Prevention of Cruelty to Animals $18,676.80;
The Animal Welfare League of Alvin $671.88 and the City of Alvin $148.99 for expenses incurred thus far for the care and transportation of the dogs, cats, horses, ponies, guinea pigs and mini-ponies which were found in "deplorable" conditions at the couple's home.
Judge Pannell required they pay the fine within 30 days.
On Thursday, the couple posted the bond of $4,000 each and were released. Two charges of Cruelty to Animals were filed against each of them, regarding ponies, according to Animal Control Supervisor Sgt. Jamie Crabtree.
More charges may be filed after the District Attorney reviews the case, he added. No charges have been filed regarding the other animals found on the property, which are now with the Houston SPCA.
The Spencers have 10 days to appeal the ruling by Judge Pannell in a county court. No court date has been set for the charges for which they were arrested. If they fail to file an appeal, Crabtree says the animals will be available for adoption when they are healthy.
During the hearing, Mary Spencer apologized for the condition of the animals, saying she has had breast cancer surgery and had put hay down for the dogs, and was worming them.
"I've been doing everything I can," she told the judge. "I am not able to take care of them right now."
She present binders with immunization records for some of the animals, and asked that one bulldog be returned since it belonged to her granddaughter. "I'd like to have him back," she said.
When given an opportunity to address Judge Pannell, George Spencer only spoke about one dog. "I want my house dog, my white dog. I take care of him," he said. "The other dogs... I did not go out to the barn," he added.
Police Officer Bobby Vincent, who spent most of Jan. 19 at the home after the animals were found in several locations, testified that when an investigator went to the home to discuss another issue, he found a Bulldog tied near the door.
Because the City of Alvin has a "No Tethering Ordinance" in place, the investigator called animal control and asked Officer Tonya Douglas to come to the home.
As Douglas looked around the home, she noticed several other dogs, more than the city ordinance allows, and eventually found many in deplorable conditions, Vincent testified.
"Douglas and Mrs. Spencer went to the barn where there were 50 plus dogs in small crates. There was newspaper in each, with feces on them, then more paper, and more feces, from two to four inches of urine and feces," he said. "There was only a few inches left from the top of the crate where they were standing."
He also told Judge Pannell that two dead puppies were found in the barn, and two miniature ponies stood in mud "probably four inches thick" in 4 foot by 5 foot stalls, barely able to move, and noted they were covered in mud.
In mud about six inches deep, Vincent said he walked around the barn and found it "deplorable".
"One dog house was leaning in the mud, with eight inches of mud and water around it. There was no dry area. I also found equine in the same condition as the dogs," he said. "I didn't see any food or water."
Vincent also said that police officers, animal control, and the Houston SPCA waded in 4--8 inches of water and mud trying to capture the equine on the property. "There was no grass whatsoever," he said.
Behind a trailer, seven English Bulldogs, as well as a dead Boxer, were found tethered to trees, and had clearly been there for some time, according to Vincent.
Upon further searching, a mini pony was found in a 10X6 foot horse trailer. "The floor was rotting, the pony was walking in feces, urine and mud, it could not lay down," said Vincent.
Four dachshunds were found in crates, with feces on the crates and floor. "The smell was horrible," he said. Another four were found in crates in the Spencer home.
Guinea pigs were also found in other crates, and "all were thin" reported Vincent.
After the animals were removed, Dr. Greg Knape, a local veterinarian, reviewed the equine being sheltered by a local family.
Dr. Knape told police and humane officers that they are scored from 1 to 10, with 10 being the highest for their amount of body fat. He determined that many of them scored 4 or 5 and a few 6 and 7. He also said that they had body sores and rotting teeth, while others scored 1, 2 and 3.
"Ninety percent of the equine have hair loss, sores in their mouths from a virus from not being fed, and several ponies had bad feet," Officer Margaret Ray testified.
She noted that there is a major problem with lice on all the animals.
When Judge Pannell asked if any of the equine had received treatment, Officer Ray explained that all had been wormed, and the one that they feared would not survive was doing better with antibiotics and B-12 shots. Dehydration had caused caregivers to have difficulty administering injections.
Mark Lutkenhaus, an investigator for the Houston SPCA told the judge that his organization had custody of 93 animals, mostly dogs, and that about 50 percent had tested positive for heartworms, some had hearts almost completely full of worms.
"Overall, those examined are in extremely poor condition," he said.
He added, "Once we moved them to our facility, we found them social, and they would do anything we wanted them to do."
Lutkenhaus said that they have had to hold off on treatment for heart worms because the medication is back ordered and is not available anywhere at this time. The remains of an adult dog were found on a pallet near where the English Bulldogs were tethered.
Mary Spencer asked to address the court again, telling Judge Pannell that she had been trying to get rid of the chihuahuas and dachshunds. "A Boxer wandered up a week ago, and I cared for it and it died," she said. "I asked my cousin to bury it, and I never knew he didn't," she said.
The Alvin Animal Welfare League has stepped up to assist with the livestock in Alvin. Joan Moore, treasurer on the organization, said they ordered 40 bags of feed and medication.
"Every one must show a negative response to the "Coggins" test in order to be moved anywhere in Texas", she said after the hearing.
Swamp Fever can be passed on to other equine and the state is very strict about making sure every horse has a negative result on tests. She estimated that it cost $25 per horse for the medication and the Welfare League has spent a total of $671.88, not including vet visits.
Donations to the organization earmarked for the horses will be directed to their care, she said.
After a recess to review the testimonies, Judge Pannell came back to hand down his ruling.
No animals would be returned to the couple, including the dogs they had asked to have back, and the couple would be required to pay the expenses for the care of the animals within 30 days.
Following the hearing, Animal Control Supervisor Sgt. Jamie Crabtree said that there is already a list of people asking to adopt the horses, mini ponies and donkeys.
However, he added that anyone wishing to apply to adopt any of the equine can still do so. A background check, and site visit will be conducted and not everyone who has asked to adopt an animal will qualify.
Since all the other animals were sent to the SPCA, they will conduct adoptions after the animals are healthy and ready to go to new homes.
"The response from the public has been wonderful. I don't know what we would have done without the help of the SPCA," he said. "We don't have the ability to handle something this big, it's a godsend."
Donations are still being accepted, with Stantons, Steinhausers and Tractor Supply all agreeing to set feed, hay, halters, ropes and other supplies aside for the horses. They will stay in touch with Animal Control officers to have the supplies picked up frequently.
Donations of money can be made to either the Alvin Police Department in person, or by mail at 1500 S. Gordon Street.
Several individuals have donated bales of hay, round bales, bags of feed halters and lead ropes.
More are still needed as the animals begin to regain their strength, a they prepare to find forever homes.
Case Updates
An Alvin couple has had their day in court for their actions regarding the abuse of dogs, ponies, horses, and other animals at their Alvin home earlier this year.
Charges were filed against George and Mary Lu Spencer for only a few of the large number of animals taken from their property in mid-January.
When Animal Control officers were dispatched to the couple’s home on Davis Bend Road on Jan. 14, they found: 79 canines (dogs), two felines (cats) , six equine (horses and mini-horses) and 10 guinea pigs in what they describe as “deplorable conditions’.
When an Alvin police detective visited the home to follow up with the couple regarding another issue, they noticed one dog tethered to a pole near the home.
He contacted Animal Control and two officers, Tonya Douglas and Heidi Hunting who investigated the condition of the home, barn, crates and cages the animals were in. For hours, Douglas and Hunting continued to find underfed, animals with little or no water, standing in feces; horses standing in water, covered in mud and others in cages with layers of feces covered in newspaper, the complaint states. Alvin Health Inspector Shelly Crist was also called in to the scene to review the conditions regarding health concerns, and to document the condition of the animals.
Although there were a total of 97 animals alive, and several dead, the couple was only charged with three counts of cruelty.
According to the complaint, the first count was “intentionally, knowingly, or reckless fail unreasonably to provide necessary food, water, care or shelter for an animal in the defendant’s custody, to-wit: a brown boxer canine, by failure to provide water, food, care, shelter to the extent required to maintain the animal a state of good health...”
Count Two read the same, other than naming the animal as a “Catahoula mix male canine”.
Count Three simply used the word “canine” in its charge.
Both George and Mary Lu Spencer pled no contest to all three counts of the Class A misdemeanor charges, and both received the same sentence.
They will serve 12 months of community service each; participate in a community based program, and attend and successfully complete readiness to change class and pay the assessed fees, as well as community supervision fees of $27.50 per month and a $200 fine.
When the Animal Control officers originally learned how many animals were in such dire straits at the home, an Alvin municipal judge authorized the removal of all of the animals, giving the “care and control of the dogs” to the Houston Society for the Prevention of Cruelty to Animals. The horses and other animals were kept in Alvin, and later adopted to new families, after screenings took place.
Many of the dogs were so ill with heartworms that they could not be adopted out, and were destroyed.
One mini-horse was cared for by a volunteer while it recuperated. Veterinarians feared it would not survive, since it suffered from malnutrition and other major medical problems. In fact, Animal Control Officer Douglas said at the time that a veterinarians had rated it a “1” on a scale of 1 to 10, believing it would not survive.
It did survive, and thanks to donations from the Animal Welfare League of Alvin, and local families who donated their time, food and medication were provided for all of the equine.
All of the horses had mouth sores, lice, and fungus on their skin when they were rescued. Caregivers had to limit the amount of water and feed they could give them because they were so hungry from lack of nutrition.
In late January, George and Mary Lu Spencer were brought to municipal court, where Judge Bill Pannell officially removed the animals from their possession.
At court, Mary Lu Spencer apologized for the condition of the animals, saying she had undergone breast cancer surgery and had put down hay for the dogs, and was worming them.
“I’ve been doing everything I can,” she said. “I am not able to take care of them right now.”
She presented binders with immunization records for some of the animals, and asked that one bulldog be returned, since it belonged to her granddaughter. “I’d like to have him back,” she said. Her husband asked that his own pet also be returned. “I want my house dog, my white dog,” he said. “I take care of him. Those other dogs...I did not go out to the barn.”
Judge Pannell refused both requests.
The couple agreed to give up the animals, but were arrested as they left the courtroom.
In his ruling, Judge Pannell also required the Spencers to reimburse the Houston Society for the Prevention of Cruelty to Animals $18,676.80; the Animal Welfare League of Alvin $671.88, and the City of Alvin $148.99 for expenses incurred up to that point. He required that they pay the fine within 30 days of his ruling.
According to Alvin Welfare League Treasurer Joanie Moore, only half, $335.94, was paid to the League, with the understanding that the balance would be paid two weeks later. The payment was never received. The AWLA must take the Spencers to small claims court and have a lien placed on them, if they hope to recover the money.
“I thought that was the end of it,” said Mary Lu Spencer, as she was handcuffed after being informed that the Brazoria County District Attorney planned to take the couple to court with cruelty to animal charges.
The couple was taken to jail immediately from the court, and posted bonds of $4,000 each, and were released.
A huge outpouring of concern and outrage came from the community after they heard about the conditions the animals were living in. Many offered to adopt the horses and dogs, and some donated towards feed and equipment for them. |
Source: Alvin Sun-Advertiser - Aug 8, 2010
Update posted on Aug 9, 2010 - 4:05AM |
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