Severe neglect - 14 seized, two found dead Andalusia, AL (US) Incident Date: Tuesday, May 3, 2005 County: Covington Local Map: available Disposition: Alleged Charges: Misdemeanor Alleged: James D. Hughes

Case ID: 4553 Classification: Hoarding Animal: cat, dog (non pit-bull) View more cases in AL (US) Login to Watch this Case

James D. Hughes has been charged with almost two dozen counts of animal cruelty. Hughes, a resident of Andalusia, was arrested on May 3 on 22 Class A misdemeanor charges of cruelty to dogs and cats.

According to an incident/offense report filed by Officer Jason Ballard, Hughes allegedly severely neglected the animals, and two of them were found dead upon officers' arrival.

Several of the animals were deceased upon law enforcement officials' arrival, circuit clerk documents state.

None of the animals had access to any food or water, and there was already two dead dogs. One of the dead dogs was in a makeshift pen on the side of the residence and the other was a puppy in the front of the residence.

Ballard noted in his report that all of the dogs and cats he noted at the home in the Andalusia area seemed grossly neglected.

"Every single animal at the residence looked as if they had not eaten in a long time and had their ribs showing through their skin," Ballard stated. "The majority of the animals also had the mange."

According to the law enforcement officials, the Andalusia Animal Control department came out to the home to assist in the situation.

"Andalusia Animal Control came out to the residence and we caught 14 of the dogs and four of the kittens," Ballard stated.

"There (were) four other animals at the residence that we did not get to catch. We attempted to catch these animals, but once we took them off of the chains that they were on, the animals ran/hobbled off into the woods away from myself and Andalusia Animal Control Officer 344."

"None of the animals had any type of ID tag, nor Rabies ID tag." Ballard and others attest that more animals were located inside the residence, animals they could not get to. "There was also more animals inside the residence, which could be seen through the side window, but we were unable to rescue these animals because they were in fact inside the residence and the residence was locked," the officer noted in his report.

Hughes has been charged with 22 Class A Misdemeanors, each requiring a bond of $3,000 for release from the Covington County Jail. The local man was released the day following his arrest, on May 4.

The man is allegedly in violation, according to District Court Judge Frank "Trippy" McGuire, of Alabama Statute 13A-11-241 (Degrees of Animal Cruelty).

A subsection of that statute states, "A person commits the crime of cruelty to a dog or cat in the second degree if he or she, in a cruel manner, overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily or cruelly beats, injures, mutilates, or causes the same to be done. Cruelty to a dog or cat in the second degree is a Class A misdemeanor."

Each of the defendant's misdemeanors carries with it a maximum sentence of one year in jail and a $2,000 fine. Therefore, Hughes is looking at a total maximum sentence of $44,000 and 22 years in jail if given the full conviction under Alabama law.

Whether he has any prior felony convictions will play a part in his possible conviction, according to court officials. It is unlikely, however, that he will receive the maximum penalty set by state law in this case.

The man is allegedly in violation, according to District Court Judge Frank "Trippy" McGuire, of Alabama Statute 13A-11-241 (Degrees of Animal Cruelty).

A subsection of that statute states, "A person commits the crime of cruelty to a dog or cat in the second degree if he or she, in a cruel manner, overloads, overdrives, deprives of necessary sustenance or shelter, unnecessarily or cruelly beats, injures, mutilates, or causes the same to be done. Cruelty to a dog or cat in the second degree is a Class A misdemeanor."

Each of the defendant's misdemeanors carries with it a maximum sentence of one year in jail and a $2,000 fine. Therefore, Hughes is looking at a total maximum sentence of $44,000 and 22 years in jail if given the full conviction under Alabama law.

Whether he has any prior felony convictions will play a part in his possible conviction, according to court officials. It is unlikely, however, that he will receive the maximum penalty set by state law in this case.

Prosecutors in the district attorney's office note that occurrences of this type are rather rare in Covington County.

Hughes will face a hearing before Judge McGuire on June 7 at 9 a.m.

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References

The Andalusia Star-News  - May 11, 2005

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