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Case Snapshot
Case ID: 17603
Classification: Hoarding
Animal: dog (non pit-bull), cat
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Attorneys/Judges
Defense(s): Michael Penrod
Judge(s): Butch Gunnels


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250+ Animals Rescued
Apache, AZ (US)

Incident Date: Wednesday, Mar 23, 2011
County: Navajo

Disposition: Alleged
Case Images: 4 files available

Alleged:
» Mary Port
» Joshua Davis
» Wayne Miller

Case Updates: 2 update(s) available

Three people have been arrested in northeastern Arizona in a disturbing case of animal cruelty. Hundreds of animals were found suffering from medical problems and living in deplorable conditions.

86-year-old Mary Port is one of the three suspects facing numerous charges of animal cruelty and neglect. The other suspects are Joshua Davis, 49, and Wayne Miller, 53.

When the Humane Society and the Apache County Sheriff's Office responded to a Witch Wells residence Wednesday morning, they found nearly 200 dogs, 50 cats, and several chickens, ducks, and pigs in varying stages of health.

The investigation began in February. ACSO was called out about a number of dead animals found on a 40-acre property. The animals had perished during the extremely cold winter weather.

Wednesday morning, authorities executed a search warrant to seize the living animals.

The dogs and cats had tufts of fur missing, and were severely underweight, with sores on their skin and parasites -- and some of them were living in pens piled with feces. Camp trailers were being used to house cats, and old vans used to house dogs.

Some of the dogs were near-death, experiencing seizures, and had trouble breathing.

"We don't believe she necessarily was intentionally cruel to them, just the body of animals she has here, there's no way she can adequately support them and feed them," says Apache County Sheriff's Office Sgt. Richard Guinn. "We think it's more of a hoarding issue rather than intentional cruelty."

A PetSmart portable emergency relief vehicle was sent to the scene to help with assistance and medical care.

Animal-rescue teams operating out of the emergency animal shelter are providing the animals with crucial supplies, including pet food, wire crates, plastic carriers, fenced kennels, clippers, bowls, and leashes.

There is not yet an estimate as to how many animals, if any, will have to be euthanized because of their advanced medical conditions.

Port had been involved in a similar animal hoarding situation in Colorado, and that's why she moved to Arizona, Sgt. Guinn told us.


Case Updates

It took two months to organize the rescue of 230 animals on March 23 and it's taken another month to decide the fate of those animals.

After a day-long hearing, April 15, Judge Butch Gunnels issued his ruling on Monday, April 18. "...the State has met the burden of proof ... all animals seized that belong to Mary Port (will) be forfeited," said the order.

A delay in the hearing resulted from the defendant's search for an attorney to represent her.

Michael Penrod from the Wood Law Office represented Port and Allan Perkins was the prosecutor from the County Attorney's Office.

Sgt. Lance Spivey from the Sheriff's Office was the investigating officer and a witness for the State along with Adam Parascandola, Director of Animal Cruelty Issues for the Humane Society of the United States, and veterinarian Dr. Abby Reidhead.

The witnesses were all present at the rescue operation that took two days to remove the 201 dogs, 26 cats, two geese and one pig. They testified to the conditions found at the 40-acre property in Witch Well Ranches north of St. Johns.

Many of the dogs were in fenced pens, most without food and water. Other dogs were found loose on the property or were tied to trees or in abandoned vans and trucks. Several dead animals were also found in the pens, under buildings and in a pit some distance from the main area. The cats were found housed in several trailers.

Dr. Reidhead said that many of the animals were underweight, dehydrated, had mange and skin diseases, and several had severe enough injuries that they had to be euthanized. Other animals had chronic conditions that had been going on for a long time and a few had broken bones and infections. Reidhead said that most of the animals were undernourished and needed medical attention and only a few were found in good condition.

Further descriptions of the conditions by the witnesses included finding deep piles of garbage and animal excrement in most of the buildings including where Port lived. Over 25 dogs were also found in her trailer, including a litter of puppies.

Perkins asked Reidhead if it was her assessment that given the number of animals found on the property (there were several loose dogs that were never caught though no one knows for sure how many) if two people were enough to provide for them and she replied "no." She said that six to eight people at a time have been caring for the animals since their rescue.

Asked how many enclosures there were on the property, she replied that there were 43 pens, not counting the vehicles and trailers and that only four were found with some food in them and 27 had no water at all. The chained animals had no food or water.

The condition of the trailers where the cats were found was worse than that of the pens with lots of garbage and strong odors from the excrement.

Port testified that she had about 1,500 gallons of water a week delivered to the property and stored in a big tank. A pump, run by solar and wind, was used to get the water to a hose that would not reach the entire property. Port testified that she and her sometime helpers would carry the water by buckets to the pens because the pump was frequently broken.

Asked how the animals were doing since they were seized, Reidhead reported that the change in most of them has been profound. They are more sociable, friendly, happy, and able to be somewhat trained.

"A white shepherd was very aggressive at the site and he's had a big change," said Reidhead. He rolls over to have his tummy rubbed now."

The Humane Society along with several other non-profit organizations have been caring for the animals and providing the supplies and medicine to treat them, at considerable cost. Now that they animals have been released, they will be taken by the Humane Society to various shelters and organizations around the country to be adopted out or worked with to increase their chances.

Tara Loller with the Humane Society provided a tour of the temporary shelter at the Fairgrounds in St. Johns. She said that 73 animals will be transported on Wednesday, April 20 and the rest will be gone within a week. The geese and Daisy the pig will be adopted locally. Daisy has also shown a big improvement and Loller said she is happy, though somewhat lazy, and wraps herself in a blanket.

Two animal behaviorists have been to the shelter to assess which animals were ready to be adopted and which ones needed further socialization said Loller.

Loller is from Philadelphia and is on the road three weeks every month and loves what she does. She was a humane officer in Philadelphia for two years before joining Humane Society in October of 2010. She worked undercover on animal cruelty cases, testified in court and had the authority to arrest violators.

"Kari (Nienstedt, the State Director for Humane Society made it possible for us to come in and rescue these animals," said Loller. "She deserves a lot of credit."

Once the animals are moved, any extra supplies will be donated to local organizations.

Mary Port and Josh Davis, who was living on the property and also arrested, will be in court on Wednesday, April 20 on various criminal charges relating to abuse and neglect.
Source: wmicentral.com - Apr 28, 2011
Update posted on Apr 28, 2011 - 2:33PM 
A woman with a history of animal hoarding in Colorado is now facing animal cruelty charges in Arizona, after 229 animals were found in deplorable conditions on her property.

Mary Port, 86, ran the Colorado Animal Refuge in Elbert county. It burned down in 1995, and she moved to Ellicott, where apparently the hoarding continued.

In 1997, after receiving hundreds of complaints, vets and state workers confiscated 62 dogs from her property. She was running the refuge without a license, and the State Supreme Court ordered that she could have no more than 24 animals. State workers described conditions there as deplorable.

She moved the shelter back to Elbert County, and two years ago she moved near St. Johns Arizona. In late March, 229 animals were found on her property. Arizona investigators say the animals were malnourished. They had no food or water. Most of those animals also had skin problems.

They were treated medically and sent to Colorado. They are at shelters across the state.
Source: newsfirst5.com - Apr 22, 2011
Update posted on Apr 23, 2011 - 8:48PM 

References

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