Case Details

Hoarding - 46 dogs, 5 cats seized
Custer, MI (US)

Incident Date: Friday, Oct 29, 2004
County: Mason
Local Map: available
Disposition: Convicted

Abusers/Suspects:
» Alvin Henry
» Jennell Henry

Case Updates: 4 update(s) available

Case ID: 2911
Classification: Hoarding
Animal: cat, dog (non pit-bull)
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Mason County authorities have seized 41 dogs and four cats from a barn and house, where they were kept in filty conditions. The agency took 34 dogs and four cats on Friday and seven more dogs Tuesday. They were taken to an animal shelter. The animals were living at a 200-acre property in Custer Township, near Ludington.

Greenlee and officer Dan Claveau, camera and video camera in hand, searched buildings on the property Tuesday afternoon after being alerted that they did not get all the dogs Friday.

"I was getting real emotional yesterday," Claveau told the Ludington Daily News. "I'm an animal lover; the animals knew what we were there for. It's hard."

Greenlee said the animals were in very poor condition, held in dark cages, two to three dogs to a cage. There was an overwhelming over, and the animals were soaked in feces and urine," Greenlee said.

"They had a lot of skin disease and the eyes were foggy," Claveau said. "They had foot sores and they're very malnourished; these dogs don't even have shots."

The agency said it plans to seek charges of animal cruelty against the couple who owned the dogs.

The animals are straining the agency's facilities, Claveau said.

Fran Sinnett of Lakeshore Animal Friends has been on hand since Friday to help with the animals.

"We're going to get you some food and figure this out," she said to one of the dogs as she let it lick her fingers. "It looks like they're starving for attention. We're going to help as much as we can. I would say that some of these dogs just need to be held for a while."

Greenlee said the dogs taken into custody cannot be adopted until court proceedings are finished, which she said could take several months.

Case Updates

The Henrys pleaded no contest Friday morning to eight counts each of failure to provide an animal with adequate care. They were set to go to trial Monday on a total of 40 counts each of misdemeanor animal cruelty.

Mason County Assistant Prosecutor Paul Spaniola said there will no longer be a trial, which had been scheduled to begin Monday, since the couple pleaded.

"We feel that, considering the charges that were available to them, this is a reasonable resolution," Spaniola said.

The highest penalty for the Henrys is 93 days in jail, a fine of $1,000 and up to 200 hours of community service, Spaniola said. The Henrys will be sentenced at 9 a.m. on Tuesday, Feb. 22.

The couple agreed to forfeit close to 60 dogs and cats during a hearing in 79th District Court on Dec. 29. Most of the animals were seized from the couple's properties on Oct. 29 and Nov. 2, and there were some dogs and cats born while in custody at the Mason County Animal Control facility. All of the animals were adopted following that hearing, which ruled that the Henrys may not own animals for two years.

Animal Control Director Lisa Greenlee said she's happy about the outcome of the case.

"I'm just glad it's almost over and that all the animals are in good homes now," she said.

The couple will be sentenced on Feb 22.
Source: Ludington Daily News - Jan 1, 2004
Update posted on Jan 22, 2005 - 8:25PM 
The animals were officially taken from Alvin and Jennell Henry following a forfeiture hearing yesterday, and they will be available for adoption.
Update posted on Dec 30, 2004 - 9:36PM 
After an hour delay Wednesday, a full courtroom of concerned citizens watched the beginnings of the forfeiture hearing for Alvin and Jennell Henry, 62 and 63, respectively. District Court Judge Peter Wadel is hearing arguments in the case.

After about two hours, just after 5 p.m., Wadel adjourned the hearing due to the time. The hearing will continue at 1:15 p.m. on Wednesday, Dec. 29.

The Henrys, 1989 N. Custer Road, have each been charged with two sets of misdemeanor animal cruelty charges, for a total of 40 counts each. The hearing is to determine if the Henrys will be allowed to take back their approximately 40 dogs and several cats; Animal Control is currently housing the animals, after seizing them from the couple on Oct. 29 and Nov. 2.

The Henrys are represented by Shawn Davis, of Nolan & Nolan & Shafer PLC of Muskegon; Paul Spaniola is prosecuting the case.

During Wednesday�s session, Spaniola called Animal Control Director Lisa Greenlee to testify about the events that took place on the two days animals were seized from the Henrys� property.

Greenlee, who has held her position for about four months, told the court she had received complaint tips from different people about what was going on at the Henry residence, which prompted a District Court search warrant.

Greenlee described the conditions of the home, outbuildings and animals, also describing photographs for the court of those areas, taken by Greenlee and fellow Animal Control officer Dan Claveau.

She said the smell of ammonia was persistent everywhere and that cages, many rusted, were stacked with one or two dogs or cats in each. She described newspaper in the cages as dirty with feces and urine, and that some cages did not have food and water for the animals.

�They were very quiet in their cages, kind of scared,� Greenlee said. �At times I had to crawl into the cages and get them; it wasn�t a good situation.�

Greenlee also described the animals� health problems that she observed, including a lack of hair on some dogs, skinny animals, cataracts and rotten teeth. The seven dogs seized Nov. 2 were in the worst shape, she said.

�One Yorkie couldn�t stand up and I had to pull him out,� she said. �Some of them should probably be euthanized.�

One issue, the address listed on the search warrant from Nov. 2, caused Wadel to call a break in the hearing. Davis objected to the warrant, stating that the incorrect address was listed on the warrant for the second property owned by the Henrys, about half a mile south of their main residence on North Custer Road.

Greenlee testified that she attempted to get the correct address by driving by the property and checking the mailbox and with central dispatch. She said that, with the help of Assistant Prosecutor Jack Bulger, an aerial map was used, connecting the tax parcel numbers to the correct properties.

Wadel ruled that Animal Control had sufficiently connected the properties to their tax parcel numbers and said that the warrant was acceptable, even though the address listed, 1861 N. Custer Road, is not an identifiable address.
Source: Ludington Daily News - Dec 16, 2004
Update posted on Dec 18, 2004 - 9:25PM 
Mason County Animal Control still needs the following items to help take care of the 36 dogs, 10 puppies, four cats and one kitten. Animal Control is located at 305 N. Meyers Road in Ludington and is open from 9 a.m. to noon, Monday through Saturday.

� Cascade dishwasher detergent
� Bleach
� Dog soap/flea soap
� Carpet samples
� Blankets
Update posted on Nov 9, 2004 - 6:25PM 

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References

Detroit Free Press - Nov 4, 2004
The Detroit News - Nov 7, 2004
Wood-TV - Dec 30, 2004

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