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Case #6644 Rating: 3.3 out of 5
57 dogs, 3 dead - seized from rescue
Waynoka, OK (US)Incident Date: Saturday, Dec 17, 2005
County: Woods
Charges: Misdemeanor
Disposition: Convicted
Case Images: 4 files available
Defendants/Suspects:
» Elizabeth A Miller
» Nana Marie Wheatley - Alleged
Case Updates: 4 update(s) available
A reported "animal rescue" site near Avard was raided December 17, 2005 by the Oklahoma Humane Society and Woods County Sheriff's Department.
About 60 dogs were being kept in four 6 feet by 16 feet open stock trailers at a so-called animal rescue farm near Avard.
The owner, Liddy Miller, was arrested on a felony count of animal cruelty and probably will face additional charges later in the week, said Woods County Deputy Sheriff Steve Ward.
When authorities arrived they found two puppies dead and another died enroute to the veterinarian, said Vickie Fox of the Enid Society for the Prevention of Cruelty to Animals.
Another woman who identified herself as a co-owner of the rescue arrived as the dogs were being taken away by authorities and also will have charges filed against her, Ward said.
Cynthia Armstrong, of the United States Humane Society in Oklahoma City said she has received reports on Waggin Tails Rescue, which has been under investigation for nearly a year. The group received complaints based on poor health of the dogs and the animal's living conditions.
"Not only does she pose as a rescue, but she is breeding animals that are ill and many puppies sent around the U.S. are very ill. Several people who have received them have called the U.S. Humane Society for assistance on the investigation," Armstrong said.
The remaining 57 animals were taken to triage facilities in Enid and distributed to five shelters across the state that volunteered to keep the dogs throughout the trial. The humane society is stressing the felony charges be pursued. "All of the animals had lice. I've never seen a dog with lice," said Vickie Fox, president of the Enid SPCA. "It probably has something to do with the conditions they were kept in."
'We've been receiving complaints about Waggin Tails since January 2005, complaints based on the poor health and conditions of the dogs," Armstrong said. Some of the complaints came from Enid SPCA.
"Recently we had another situation where we were informed she was keeping animals in livestock trailers in filthy and overcrowded conditions and in freezing weather," she said.
Armstrong contacted the Woods County Sheriff's Depart-ment and Ward went to the facility to examine it, found it in violation and filed a report. Deputy Justin McOscar served the warrant and remained while the animals were being taken away."We will press for a felony. She has done it for several years, she advertises over the Internet," Armstrong said. Fox said many of the animals were thin and the majority were dehydrated. Some were in poor condition and some in fair condition. The worst ones were kept at Enid SPCA. "Two of the puppies were already dead and one of them had been cannibalized by the other dogs," she said.
The dogs were kept in the open stock trailers, which were partially covered, but were open to the rain and snow that fell Saturday. "I saw some food in bowls, but I didn't see any water," Fox said. About 57 dogs were removed from the Waggin Tails facility. Armstrong praised the Woods County Sheriff's Department for their prompt action. "It was a very urgent situation and they acted immediately in the best interests of the dogs," Armstrong said.
Other animal shelters around the state participated in the rescue, including shelters at Ard-more and Edmond, Homeward Bound Humane Society in Dur-ant, and Washington County SPCA in Bartlesville, along with Enid SPCA.
Miller was arrested and released on bond.
Ward said Miller was in Avard previously and left due to what he called "public sentiment." She then moved to Waynoka where she eventually faced municipal charges for failure to care for animals, and recently returned to Avard. "That was two weeks ago. It didn't take them long to call us back," he said. Fox said the dogs were emaciated, living in the stock trailers with straw in the bottom. "We couldn't wait to get home and take a bath," she said.
Case UpdatesGabriella Watson is the president of the Enid chapter of the Society for the Prevention of Cruelty to Animals and testified during the trial of Elizabeth Ann Miller.
Miller had been facing six felony counts of cruelty to animals after more than 50 animals were confiscated from her property near Avard.
During the non-jury trial last week, Judge Ray Dean Linder dismissed the six felony counts and found Miller guilty of a single misdemeanor. Miller was ordered to relinquish ownership of the animals taken during the raid of her rescue center, ordered to pay a $500 fine and given a 1-year suspended sentence.
Watson says Miller was running a puppy mill and thought the penalty was too light.
But a Woods County prosecutor says he's pleased the animals went to a good home and his office obtained a conviction. | Source: KTEN - July 6, 2007
Update posted on Jul 6, 2007 - 4:22PM |
Assistant District Attorney Brian Mitchell filed additional felony charges last week in the Woods County District Court regarding the animal cruelty arrest back in December of 2005.
The original charges for Elizabeth A. Miller, 36, of Avard, were amended on February 9, 2006 to include five additional felony charges of animal cruelty. Additionally, six charges of animal cruelty were filed against Nana Marie Wheatley, 51, of Avard. The charges against Wheatley and Miller list six specific dogs which were held in stock trailers without adequate shelter, food and water.
The affidavit accompanying Wheatley's charges stated that the crime of 60 counts of cruelty to animals had been committed. Miller's amended affidavit stated that 59 counts of cruelty to animals were committed in addition to the one in which she was already charged. According to the new affidavit, Wheatley identified herself as a partner in Waggin' Tails Rescue with Elizabeth Miller. The affidavit further states that WCSO Deputy Steven Ward spoke with Vicky Fox of the Enid SPCA and that all of the dogs had lice.
Fox stated in the affidavit that lice infestations are very uncommon for dogs, and also that most of the dogs were malnourished and dehydrated. The dogs also had internal and external parasites. Two of the 60 dogs found in the stock trailers were dead and one of them had been cannibalized by other dogs. A third dog died shortly after the Humane Society took possession of the dogs. During the removal of the dogs, Deputy Justin McOsker stated that he did not observe any food or water in any of the four stock trailers.
Deputy McOsker also stated that the trailers were extremely overcrowded.
The Woods County Sheriff's Office expects Wheatley to turn herself in. Miller is free on a $500 appearance bond and is due back in court on March 7, 2006 at 10 a.m. | Source: Alva Review Courier - February 16, 2006
Update posted on Feb 26, 2006 - 1:05AM |
The 11 dogs taken to Enid Society for the Prevention of Cruelty to Animals from the Waggin' Tail Rescue Center in Avard are doing better, officials said, but still have a long way to go. Enid SPCA kept 11 of the sickest dogs found during a raid on the Woods County animal shelter. The other dogs were taken to shelters in Ardmore, Edmond, Durant and Bartlesville. The animals brought to Enid SPCA are beginning to signs of personality and are responding well to treatment, SPCA officials said.
"They have gained at least 25 percent of their body weight," Vickie Fox, vice president and shelter director, said. Fox said all of the dogs had lice, round worms and tapeworms, and most were suffering from intestinal infections. "I think they are doing well considering the conditions they came from," Fox said. "We're hoping we've gone over the worst hump and everything is all downhill from here." Fox said the animals are continuing to progress and figures the cost to care for the animals to the SPCA for each animal, not including medications, on average is $5 per day.
Kennel supervisor Ramona Voelzke said she had seen marked improvements in some of the dogs' behaviors. "They would just tremble at the thought of you touching them," Voelzke said "Now, they run circle-eights around my legs in the morning."
Woods County resident Elizabeth A. Miller, owner and operator of the Waggin' Tails Rescue Center, is facing felony animal cruelty charges and if found guilty faces up to a $500 fine and up to five years in prison. Miller was charged with cruelty to animals, Woods County Assistant District Attorney Brian Mitchell said, with the possibility of more charges.
The dogs most likely will have to stay in custody of Enid SPCA until Miller's trial is complete or Miller releases the dogs into the shelter's custody. Fox said the second option was not likely. "There isn't any telling how long we'll have to care of them," she said. "It's up to the courts. | Source: THe Enid News - December 31, 2005
Update posted on Dec 31, 2005 - 9:15PM |
No one knows how long it will be before the dogs taken in the sting of an animal rescue location near Avard can be adopted. Vickie Fox, of Enid So-ciety for the Pre-vention of Cruelty to Animals, said it could be as long as three months.
"The problem is Oklahoma doesn't have laws governing seized animals. They won't be available until after they have been removed from her custody," Fox said.
Elizabeth A. Miller, 36, of Avard, was arrested and charged with felony cruelty to animals. Woods County Assistant District Attorney Brian Mitchell said more charges may be added. Charges also may be filed against Nan Wheatley, who reported she was a co-owner of the rescue facility, Mitchell said. Miller did not return repeated telephone calls for comment.
The only way for anyone to obtain the animals is for Miller to release custody of them, Fox said, or for the court to find her guilty and remove custody. The animals are considered Miller's property until she is proven guilty.
The 11 dogs most seriously ill were taken to Enid SPCA, where they are being treated. The additional animals have seriously strained the animal shelter's budget and volunteers, Fox said. The dogs are beginning to respond to treatment, she said. The other dogs were taken to shelters in Ardmore, Edmond, Durant and Bartlesville. | Source: The Enid News - December 22, 2005
Update posted on Dec 23, 2005 - 6:00PM |
References
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