Case Details
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Case ID: 7774
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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28 puppies seized from mall pet store
College Station, TX (US)

Incident Date: Wednesday, Nov 30, 2005
County: Brazos

Disposition: Not Charged

Person of Interest: The Puppy Store at Post Oak Mall

Case Updates: 3 update(s) available

College Station police seized 31 puppies March 18, 2006 from a pet store in Post Oak Mall, saying the dogs were removed following complaints about the conditions in which they were kept.

Police refused to provide more specific reasons for the warrant search and seizure at The Puppy Store. Lt. Mark Langwell, a spokesman for the department, said making such details public could jeopardize the investigation. A custody hearing is set for March 22, 2006 before Justice of the Peace George Boyett, Langwell said.

A man at the store who said he was the owner would not comment, except to say he did not believe police provided and accurate count of the seized animals. He refused to give his name.
The puppies were taken to the Brazos Animal Shelter, where they were evaluated and will be cared for, said Kelley Durham, executive director of the shelter. "They've been fed and bedded down for the night," she said. "Right now, none are in imminent danger." Durham said a "handful" of puppies were examined by a local veterinarian, just to make sure they were OK.

Police also seized store business records, including contracts, purchase invoices, sales invoices and breeder records. About a dozen puppies remained on display in the store on March 18, 2006, and the business was open. Several resident complaints prompted the investigation, which began in December 2005, Langwell said. The seized puppies will remain at the Brazos Animal Shelter pending the outcome of the custody hearing, Durham said. "We'll just respond based on whatever the judge tells us to do," she said.


Case Updates

Two puppies that were removed from a College Station pet store last weekend will remain in the care of the Brazos Animal Shelter, a judge decided March 22, 2006 after finding evidence the dogs were mistreated. But Justice of the Peace George Boyett ordered that 26 other puppies seized Saturday from The Puppy Store in Post Oak Mall be returned to owner Justin Sitz because no mistreatment had occurred.

Spencer Giles, an assistant Brazos County attorney, asked the judge to permanently remove all of the animals from Sitz's care, because the dogs were not examined by a veterinarian before being placed in the store for sale. Lane Thibodeaux, Sitz's attorney, said Sitz was not required to have every puppy examined, and the store's blanket policy to give all of the puppies wormer, vaccinations and a preventative treatment for the intestinal disease coccidiosis was sufficient. Thibodeaux said Sitz was unhappy with the way he was treated by animal control officers throughout their investigation. The damage to the store's reputation may be irreparable, Thibodeaux said. "We understand that [the animal control officers] were just doing their job, but this is an example of good intentions run amok," he said.

College Station police seized 28 puppies, along with business records dating back to October 2005, from the store Saturday morning after an animal control officer reported finding poor living conditions. Police originally said they had seized 31 puppies from the store.
The two puppies that were turned over to the animal shelter - a pit bull and a Chihuahua - were among seven examined by veterinarian Johan Nieuwoudt of Wellborn Road Veterinary Medical Center. Nieuwoudt testified during the hearing that the pit bull had roundworms and coccidia, a single-celled parasite that infects the intestines. He described the Chihuahua as malnourished, saying it would not eat or drink, was not active and had separated itself from two other puppies with which it was caged. The other five puppies were bright and alert, and their physical exams were normal, Nieuwoudt testified. The Chihuahua was hypoglycemic and required constant monitoring and food every four hours, according to the testimony of Melissa Jarrett, operations director with the animal shelter.

The court ordered The Puppy Store to pay $190 in veterinary bills and fees for the two puppies. Jarrett testified that three of the puppies seized from the store, including one that was examined by Nieuwoudt, tested positive for giardia, a microscopic protozoan that can cause illness. Giles argued that the case was a public health concern because the diseases that were diagnosed in puppies from the store could be passed to humans. "Without proper checking and veterinary care, all of the animals in that store could be exposed to those same diseases," he said following the hearing. Giles said he thought the store should be required to have all of the puppies it sells tested for basic diseases.

Sitz said after the ruling that he plans to meet with police about their concerns. "We've got nothing to hide, and we proved that today," he said. "... We've made a good effort, even in these last few months, and we want to do the best job we can."
Source: The Eagle News - March 23, 2006
Update posted on Mar 24, 2006 - 9:18PM 
Published November 3, 2000 on the Texas Dept of Health website:

Texas Department of Health rabies control officials are asking for the news media's help in locating out-of-town visitors to a College Station pet store who may have been exposed to a kitten that later tested positive for rabies.

TDH officials say people who visited the Post Oaks Pets store from Oct. 15 through Oct. 19 of 2000 and were bitten, scratched or licked by a kitten should contact a doctor or call the TDH zoonosis control office in Houston at (713) 767-3300 or the Brazos Animal Shelter at (979) 361-0675 to determine if post-exposure treatment to prevent the development of rabies is needed. The pet store is in the Post Oak Mall at the intersection of the Highway 6 Bypass and Harvey Road in College Station. More than 100 people have contacted rabies control officials following local news coverage, but health authorities say pet store visitors from out of town may not be aware of the situation.

The kitten, one of a litter of four brought to the mall on Oct. 15, 2000 was sold on Oct. 19, 2000. Rabies tests on the other three kittens were negative. Officials said the rabid kitten was exposed to rabies prior to arriving at the store. Rabies is most often transmitted by bites, but transmission can occur in other ways that allow the saliva from an infected animal to enter a person's bloodstream. A series of post-exposure shots, if given in time, can prevent rabies from developing. Once symptoms develop, rabies is almost always fatal.
Source: Texas Dept of Health - November 3, 2000
Update posted on Mar 23, 2006 - 10:26AM 
"We've had several complaints off an on over the last several months about issues involving the store. We've had some personnel that's been there to check it, some animal control officers have been doing an investigation," said Lieutenant Scott Simpson of the College Station Police Department. But police won't comment on the nature of the complaints being investigated. In fact, authorities aren't saying much of anything about the seizure. However, they do confirm along with the animals, they also confiscated store business records dating back to October 2005. "(We) obtained a warrant to search and seize some records so that we have records of inventory and sales. We have other folks we can contact and records of vet care," said Simpson.

The Brazos Animal Shelter was able to accommodate all the seized the puppies, but it has put an added stress on the staff. "It's a lot of extra work for the staff. Usually that means overtime," said Kelley Durham of the Brazos Animal Shelter. Durham says in addition to caring for the animals, the shelter has been inundated with phone calls. "We've gotten a number of phone calls of people concerned about the condition of the dogs we've also had a lot of people wondering what is the next step," said Durham. That step will be a March 29, 2006 court hearing to determine if the animals have been abused or neglected. So far, no one has been arrested and representatives from the Puppy Store refuse to comment. Until then, the investigation continues with many questions left unanswered.
Source: KBTX News - March 23, 2006
Update posted on Mar 23, 2006 - 10:19AM 

References

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