Case Details
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Case ID: 7207
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Dog severely emaciated
Pontiac, MI (US)

Incident Date: Wednesday, Feb 8, 2006
County: Oakland

Disposition: Acquitted
Case Images: 2 files available

Persons of Interest:
» Carla Ruth Carmouche
» Albert Carmouche

Case Updates: 6 update(s) available

Animal rescue workers say it was among the worst cases of neglect they had ever seen. Thin skin clinging to her bones, the skinny wheaten terrier mix was too weak to lift her head or stand. Her gums were white from dehydration.

Volunteers with the Animal Care Network took the dog from a Pontiac home and brought her to the Michigan Animal Rescue League, where hopeful staff members are trying to nurse her back to health.

"I've never seen a dog as severely emaciated as this dog was," said care network volunteer Kathryn Tucker. "There was absolutely no tissue on this animal, just skin and its skeleton."

One of the dog's owners called the care network on Feb 7 to say she didn't know why the animal couldn't stand. The network provides food, water and shelter to outdoor animals in Pontiac, as well as other services.

Tucker and another volunteer responded on Feb 8 and were led into the basement of the home on the city's north side.

"She was just lying there with an empty food bowl next to her. ... There was no food," she said. "The dog was lying with (her) head down. She was not able to lift her head, but she was wagging her tail."

A man at the house surrendered ownership of the dog. She weighed 9 pounds instead of the ideal 30.

But her future grew brighter in the following hours. Badly matted fur was shaved off. After small doses of fluids though an IV and food, she's now able to briefly stand on wobbly legs.

Shelter staff named her Rosie.

"She has a rosy personality, considering," said Kayla Allen, director of the Michigan Animal Rescue League.

Allen said she plans to alert the Michigan Humane Society's animal cruelty department to the case. It's unclear whether charges will be filed against Rosie's former owners.

Pontiac's animal control department took a hit last year when it was reduced from two officers to one in the face of budget cuts. The care network often receives calls from residents requesting assistance.

About 1,200 dogs and cats come to the small rescue league shelter every year. Between 800 and 1,000 fi nd new homes.

Lying on the blanket on the shelter floor, Rosie's bright eyes darted around the room. Her stubby tail wagged whenever someone spoke to her or bent down to scratch her ears and run their fi ngers over her bony ribs.

Allen said she should be ready for adoption in a few weeks.


Case Updates

The Pontiac husband and wife accused of animal cruelty after their dog was found to be underweight were acquitted of criminal charges Monday.

Albert and Carla Carmouche, who called animal welfare volunteers to their home after their dog was too ill to walk, were found not guilty of misdemeanor charges of animal cruelty through neglect, a potential 93-day misdemeanor. A jury of five women and one man deliberated for just over an hour.

"Thank you, Jesus," Carla Carmouche said after the second verdict, her husband's, was read by the jury foreman.

Defense attorney Cyril Hall shook hands with the relieved couple after the verdict, while members of the Animal Care Network shared their frustrations at the jury's verdict with the assistant prosecutor.

"We are pleased with the outcome," said Albert Carmouche, 43.

Hall successfully challenged medical testimony about the dog, a wheaten terrier mix that was taken from the Carmouche home Feb. 9. He presented an expert witness who said the enzyme levels could indicate that the dog - named Rosie since being taken but initially named Shade - suffered from a liver ailment.

But Hall also attacked the volunteers who took the dog, suggesting they jumped to conclusions in saying the dog was starving.

"Rosie made a good story," Hall told the jury.

With much of the testimony over the four days of trial about the medical tests, Hall asked the jury how the case was widely reported before the results of those tests were known.

"How can it get into the media on the same day that it's starvation, and you don't even have blood work?" Hall questioned during his lengthy closing argument. "How can you claim it before the doctor can declare it?"

Though Hall argued there was food in the home for the dog, the prosecution said Rosie was quick to eat once given food and that she steadily gained weight.

"It's very disappointing," said Assistant Oakland County Prosecutor Christopher George. "The jury had everything they needed to find them guilty."

This charge required prosecutors to prove that the Carmouches had neglected Rosie by not feeding her, by not giving her proper medical care or by failing to keep her in sanitary conditions.

George said the dog weighed only 9 pounds when taken, though its weight should be 25 pounds at least. He said it was found with fecal matter matted into the fur on its backside and that it had not been taken to a veterinarian.

"This is not a case of intentional abuse," George told the jury. "Rather, they had certain duties under the law to do things, and they failed to do them."

A veterinarian who volunteers for the Animal Care Network testified that Rosie was within a day or two of dying, George said.

While disappointed, Helen Haywald, a volunteer for the Animal Care Network, a Pontiac-based group that helps pet owners in southeastern Oakland County, said it did not want the Carmouches jailed but for pet owners to appreciate their responsibilities.

"We hope this sends a message that animal owners need to take care of their animals," said Shari Scott, another volunteer.

Meanwhile, the allegations of abusing an animal have proved a difficult burden for the Carmouche family, a wellrespected couple in Pontiac with no prior brushes with the law.

"It's been terrible," Albert Carmouche said of being brought into criminal court. "It's been embarrassing. It's run down my whole family. On the job, people are looking at us like we are criminals."

While Rosie had her weight up to 31 pounds, living with a retired couple in Holly, Albert Carmouche said he wanted his family's dog back, a dog the family had for about two years.

"We will fight to get our dog back," he said.
Source: The Oakland Press - July 18, 2006
Update posted on Jul 19, 2006 - 12:57PM 
A Pontiac couple has been charged with one count each of animal cruelty after their dog was found severely emaciated and dehydrated. Carla and Albert Carmouche face a maximum of up to 93 days in jail. Their dog, Rosie, was recovered by the Animal Care Network, weighing nine pounds, well below her breed's normal weight of 30 pounds. She was so weak she couldn't lift her head, prosecutors said. Rosie has since been adopted by a Holly couple and weighs 23 pounds.
Source: Detroit News - April 27, 2006
Update posted on Apr 27, 2006 - 1:38AM 
Rosie is finally going home. The dog everyone has grown to love has finally found a home.

The Michigan Animal Rescue League announced Tuesday that Rosie will go home with Russ and Valerie Wilson of Holly, who said in a visit with Rosie, "She belongs with us."

Through hundreds of e-mails, phone calls and applications, the rescue league decided the Wilsons are the perfect match for Rosie, Local 4 reported.

With tears in their eyes and smiles on their faces, the couple happily accepted Rosie as part of the family.

Rosie was brought into the rescue league severely neglected, weighing only 9 pounds instead of the 30 pounds that is normal for the terrier mix.

Over a month of care, regular feedings and love, Rosie is energetic and happy, and so are the Wilsons.
Source: Click on Detroit - March 21, 2006
Update posted on Mar 21, 2006 - 5:16PM 
Officials from a local shelter say they've taken the case of a severely neglected dog to police and other officials, hoping to spur animal cruelty charges against the owner.

As they wait to hear back, Rosie, a wheaten terrier mix, is growing stronger and more mischievous.

"She's doing good. She's running around. ... You'll come in, and she'll be lying in the middle of her bed, surrounded by leashes and collars and bandannas" meant for other dogs that she playfully stole from a box, Michigan Animal Rescue League director Kayla Allen said.

Rosie weighed 9 pounds when volunteers with an animal agency took her from a home in Pontiac Feb. 8. Emaciated, she was extremely thin and too weak to stand.

Allen said a complaint that included pictures of Rosie and a veterinarian's report was recently given to officials at the Pontiac Police Department and Oakland County Prosecutor's Office. Information was also sent to Debby MacDonald, a cruelty investigator for the Michigan Humane Society.

Pontiac ordinances and state laws require people to provide pets with adequate food, water and shelter.

The prosecutor's office has pledged to help Pontiac officials if they decide to pursue animal cruelty charges. Pontiac police would have to investigate and bring the results to prosecutors for the office to get involved, said Ed Cibor, chief of the warrants division.

"They need to file that complaint with the police department if they want police action taken. ... We don't do the investigative reports," Cibor said. "We request that the officers prepare it. They're trained (in investigations)."

Pontiac police Sgt. William Ware said the police department has been notified of the case. He said animal control officer Donnie Benion turned the information over to the city's law department. Ware referred questions to the law department.

City Attorney Mark Hotz did not return calls seeking comment.

Rosie's owner has said the dog was a loved family pet who always had enough food and water. She declined to give her full name.

In the days after the dog's rescue was made public in media reports, more than 400 calls and 90 e-mails came into the Michigan Animal Rescue League from people who wanted to adopt her. About 30 people have submitted formal adoption applications. The deadline for turning them in is Friday. "I think somebody who is going to spoil her, and give her the run of the house, and attend to her every need" would be a good fit, Allen said. Who will take Rosie home? Allen said she'll invite applicants to meet Rosie and watch how well she interacts with them.

"She'll have a say, too," Allen said. "We'll consider her input, as well as the application."

For information about adopting Rosie, call the Michigan Animal Rescue League at (248) 335-9290.
Source: The Oakland Press - March 6, 2006
Update posted on Mar 6, 2006 - 8:32AM 
An underweight dog rescued last week from a home in Pontiac and dubbed Rosie has gained 5 pounds and is growing stronger. As requests to adopt her pour into a local shelter, the dog's former owner denies that the canine was ever neglected. "This is not neglect," said a woman named Carla, who didn't want to give her last name. "My dog evidently got sick." Carla said the dog - which the family knew as Shade - was fed early every morning and every evening, usually by her 14-year-old son. She said her son had noticed on the Friday before Super Bowl that the dog was limping. They suspected a paw problem. Carla said she couldn't afford to take the dog to a veterinarian, so she contacted a local rescue group called the Animal Care Network. Carla said her husband agreed to sign the dog over to the network the next day so she could get help. "She was never left unfed or without water," she said.

Animal workers say the dog's physical state showed it was severely emaciated. Animal Care Network volunteer Kathryn Tucker said the pooch immediately gobbled down the small handful of food she gave it after she took it from the house and to her truck. "She completely devoured it within a second. ... If she would have been ill for any other medical reason, I don't think she would have been as motivated as she was to eat," Tucker said. Tucker took the dog to the Michigan Animal Rescue League, where she weighed in at 9 pounds instead of an ideal 30. After eating small amounts of food every hour for the first few days and now every couple of hours, she's up to about 14 pounds. "She's doing a lot better. She's cruising around" the shelter, said Kayla Allen, director of the Michigan Animal Rescue League. Staff named her Rosie. Allen said more than 400 phone calls, 90 e-mails and five letters have come into the Michigan Animal Rescue League from people who want to adopt the dog.

Linda Cedillo, a former Pontiac animal control offi cer who works for the city as a licensing and zoning inspector, said she plans to bring Rosie's case to the city attorney's office this week with the hope of spurring animal cruelty charges. She's waiting for a written report from a veterinarian. Blood work showed the dog was severely anemic and had low protein levels, low white blood cell counts and some high liver enzymes, all signs of starvation. "Fortunately, this is not something that we see a lot of," said Jonathan Ross, who practices at Ross Hospital for Animals in Bloomfield Hills. "Very rarely do you see a dog in this terrible shape from starvation. People just aren't that cruel." State laws and Pontiac ordinances require pet owners to provide adequate food, water and shelter. However, enforcement is often spotty. Pontiac Police Sgt. William Ware said animal control officer Donnie Benion has not received any complaints about the case and therefore is not following up. "We have to have a written complaint to do a follow-up," Ware said.
He said a complaint logged by the animal control officer himself, or a written complaint submitted to the department, is the impetus for an investigation.

Tucker said Rosie or Shade was in a small basement utility room without food or water. She was too weak to lift her head or stand.
Carla said the dog was kept in the laundry room when she was little. Since June or July 2005, she has been living in a cage in the garage. She was also sometimes tied on the side of the house, and there was also a doghouse outside. Carla said the family has had the dog since she was 9 weeks old. She said it's an 18-month-old schnauzer and chow mix, not a wheaten terrier mix as the staff at the Michigan Animal Rescue League believed. Carla said the family would like to get the dog back. "My son loves his dog," she said. "I think they blew this totally out of proportion, and we would never neglect any animal."

People have pleaded to be picked as Rosie's new owners in letters, e-mails and calls to the Michigan Animal Rescue League. One woman e-mailed from Florida, saying her grandmother in Warren would treat the dog like royalty. Others are irate at her owners.

Anyone interested in adopting Rosie can pick up an application from the Michigan Animal Rescue League. Applications can be mailed out if people send selfaddressed, stamped envelopes to the Michigan Animal Rescue League, 790 Featherstone, Pontiac, MI 48342
Source: The Oakland Press - February 15, 2006
Update posted on Feb 21, 2006 - 7:18PM 
Since images of her frail, skinand-bones frame covered by straggly gold fur were in media reports Wednesday and Thursday, the shelter has received more than 300 calls and 60 e-mails from people who want to adopt her.

A former Pontiac animal control officer plans to bring her case to the city attorney's office in hope of initiating animal cruelty charges against Rosie's owners.

"This is the worst I have ever seen," said Linda Cedillo, who worked in animal control until about nine years ago. She now is a licensing and zoning inspector for Pontiac.

The wheaten terrier mix was picked up Wednesday afternoon from the basement of a Pontiac home. One of her owners had contacted a rescue group called the Animal Care Network the evening before to say she wasn't sure why the dog, which was kept in a crate in the garage, could no longer stand.

The emaciated dog weighed 9 pounds instead of the ideal 30 when care network volunteers found her. She was too weak to lift her head or stand, but her tail wagged.

A man at the house surrendered ownership. The dog was taken to the Michigan Animal Rescue League, where staff named her Rosie.

"She's just still very sweet," Michigan Animal Rescue League director Kayla Allen said. "She is still wagging her tail."

Allen called Cedillo and Michigan Humane Society cruelty investigator Debby MacDonald. Humane Society spokeswoman Amy Popp said MacDonald was told that the city is handling the case, but said the society would be willing to help in an investigation.

Drawing on her 15 years of experience in animal control, Cedillo took photos of Rosie and is going to spend the next couple of days collecting evidence. If there's enough, she plans to present the case to the city attorney's office Monday and ask for the approval of an arrest warrant.

Messages left at Mayor Clarence Phillips' office and at City Attorney Mark Hotz's office were not returned. Pontiac Police Sgt. William Ware said animal control officer Donnie Benion may be pursuing an investigation.

"I'm assuming, with the press coverage on this, I would believe that our city is doing what is necessary" to follow up on the case, Councilwoman Susan Shoemaker said.

It's rare for people to be punished under Pontiac's animal cruelty ordinances or state laws against mistreating animals. The city's animal control department shrank from two officers on the street to one last year in the face of budget cuts.

"I will follow it through to the end, no matter what," Cedillo said.

Allen said she is waiting to hear the results of blood work that will show how Rosie's kidneys and liver are functioning.

She seems to be improving. Even during her night at a foster home, she nibbled every hour on small amounts of soft food mixed with a trace of kibble. Rosie stood and took a few steps on her own for the first time Friday.
Source: Oakland Press - Feb 11, 2006
Update posted on Feb 11, 2006 - 9:21AM 

References

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