Case Details

Dogs beaten during seizure process
Garnett, KS (US)

Date: Oct 12, 2004
Disposition: Convicted

Abuser/Suspect: Danny Berry

Case Updates: 2 update(s) available

Case ID: 2806
Classification: Beating
Animal: dog (non pit-bull)
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An unlicensed dog breeder allegedly beat four dogs to death Tuesday in Garnett as state officials tried to seize several dogs and cats, officials said.

Danny Berry was arrested in connection with animal cruelty charges after Kansas Animal Health Department officials attempted to take 37 Dachshunds and five cats from him. The officials were acting on a district court search warrant and an Emergency Order of Seizure signed by the state livestock commissioner, according to a statement from the department.

Shortly after the search warrant was served, Berry told officials the state wasn't going to take his dogs, the news release said. Officials said he grabbed a metal pipe and ran for the kennel, killing one dog before following an order from an Anderson County Sheriff Department official to drop the pipe.

The animal department said Berry then grabbed more Dachshunds by their hind legs and swung them into the air, then smashed their heads against dog houses and fencing. In all, he killed four dogs and injured three others that required immediate veterinary care, officials said.

Several minutes later, a deputy was able to restrain Berry and the dogs were removed.

"Danny was single-minded and focused on one thing -- viciously killing the dogs," said Debra Duncan, director of the state's animal facilities inspection program.

The animal department statement said the "dogs were very thin with extremely low body scores; vertebrae, hips and ribs were prominent and their abdomens were distended; very few of the dogs had any food in food receptacles." The dogs also didn't have potable water, officials said.

Case Updates

Posted on Jan 9, 2005 - 4:56AM
State officials said Berry was breeding dachshunds illegally and in poor conditions. Thirty-nine surviving dogs and five cats were taken from the property and have been adopted.

Berry was sentenced this week by Anderson County District Judge Edwin Smith on six charges of cruelty to animals.

Debra Duncan, director of the state's Animal Facilities Inspection Program, said that when officers arrived, Berry grabbed a metal pipe and ran for the kennel, where he killed the first dog. After being ordered to drop the pipe, Berry grabbed several dogs by their hind legs and swung them in the air, hitting their heads on fencing and dog houses before being restrained, Duncan said.

She said the dogs were thin with distended stomachs. Few had food and most did not have water, she said, and the inside of the dogs' house appeared not to have been cleaned in weeks.

Berry originally was charged with 53 misdemeanor counts of animal cruelty. He was fined $18,000 in October for violations of the Kansas Pet Animal Act.
Source: The Morning Sun - Jan 9, 2005 
Posted on Nov 10, 2004 - 12:03AM
Several of the dogs that authorities say they found living in horrible conditions on the farm of Danny Berry in Garnett, Kansas have been adopted.

After living in what health officials called deplorable conditions on Berry's farm in Garnett, Kansas, the Betz family has taken one of the little female dachshunds into their home with open arms.

"She needed a good home," says Kenee.

The Betz's immediately got on a list to adopt one of the dachshunds after hearing their story.

"The Health Department called on Friday and we went on Saturday. She was one of two left," says Kenee.

And though it hasn't been an easy adjustment for her they've been celebrating little victories as she adjusts to her new life.

"She wagged her tail today," says David, "That was a good sign."

And with another dog to play with, along with a curious cat, the Betz family hopes she'll soon fully adjust to the comforts of home.

"She's got her own crate, her own space, her own blanket, her own toy," says Kenee.

"It's going to be a whole new world," says David.

Danny Berry, the dog�s former owner will make his first appearance in court Tuesday Nov 9. The Anderson County Attorney says he plans to file several more charges of animal cruelty against Berry for the living conditions of each dog. Each offense carries a maximum penalty of one year in prison.
Source: 13 News - Nov 3, 2004 

References

kbsd6.com
Topeka-Capital Journal - Oct 13, 2004
WIBW
KCTV - Jan 8, 2005
Kansas City Star - Jan 8, 2005

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