Case Details

8 dogs neglected
El Cajon, CA (US)

Incident Date: Thursday, Feb 16, 2006
County: San Diego
Local Map: available
Disposition: Convicted

Abuser/Suspect: Todd D. Gaerin

Case Updates: 1 update(s) available

Case ID: 8652
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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An El Cajon man who told authorities he liked to keep his eight dogs "lean" was convicted of underfeeding seven of them and not cleaning their ears to the point where they seemed deaf.

After a half-day of deliberations, a jury found Todd Gaerin guilty of seven misdemeanor counts of animal abuse and not guilty on one count. Gaerin, 41, was also convicted of misdemeanor charges of failure to properly license the dogs, having an unlawful number of dogs in a kennel, failure to immunize and failure to care for an animal. A neighbor called Animal Control officers Feb. 16 to report several "skinny dogs" wandering around Gaerin's property. When questioned about the scrawny dogs, Gaerin said "I like `em lean," Deputy District Attorney Michael McCann said during the trial.

Gaerin's attorney, Lissa Balotro, told the jury all of the dogs were alert and that weight was not the sole indicator as to how they were cared for. "Mr. Gaerin loves dogs. He cares for dogs," Balotro said. El Cajon Animal Control Officer Wade Stalker testified that when he went to Gaerin's home, "the dogs were just a rack of bones."

He said his partner took an empty can of dog food outside and the dogs all got excited and went after it. Stalker said Gaerin had two full, unopened 50-pound bags of dog food in the home, and said he had fed the animals the night before. "He knew the dogs were a little thin," the witness said. A hose dripping into a bucket in the back yard provided the only drinking water for the dogs, Stalker said.

Gaerin told the animal control officer that he was at one time slow to feed the animals because he was injured in a car accident, had an abscessed tooth and was on pain medication. The defendant was upset when officers told him they were going to seize the dogs, Stalker testified.
Gaerin said there was a time when the animals were in worse condition and accused animal control of just trying to get money out of him, the officer testified.

"They were so emaciated, that had we let them go, there's a good chance some of them would have died," Stalker said. Stalker said the dogs are now in good health and have all had significant weight gains. The dogs' hearing improved as soon as their ears were cleaned, Stalker testified.

Sentencing was scheduled for June 8 before Superior Court Judge Larrie Brainard.

Case Updates

An El Cajon man convicted of animal abuse for failing to properly care for his eight dogs yesterday was placed on five years' probation and ordered to pay more than $12,900 in restitution to animal control authorities.

Last month, a San Diego jury found Todd Gaerin, 42, guilty of seven misdemeanor charges of animal abuse or neglect, failure to properly care for an animal and failure to obtain a license for a dog over 4 months old.

The jury also convicted Gaerin of failing to properly immunize his dogs and illegally operating a kennel, both misdemeanors. El Cajon allows residents to house up to two dogs on a property without a kennel license.

Gaerin was acquitted of one count of animal abuse pertaining to one dog that was not as thin or malnourished as the others, according to the testimony.

San Diego Superior Court Judge Larrie Brainard acknowledged at a hearing yesterday that Gaerin, who suffers from health problems and is unemployed, is currently unable to pay the restitution amount. Brainard said that may change if Gaerin inherits property from his family.

�I just want my dogs back,� Gaerin said in court yesterday.

After hearing from Gaerin's attorney, Lissa Balotro, the judge allowed Gaerin to have one dog while on probation. Brainard said he believed there was no �mean-spiritedness� in Gaerin's actions, and that he tried but was unable to properly care for the dogs when he became ill.

County animal control officers were called to Gaerin's home Feb. 16 after one of his dogs jumped into a neighbor's yard. The neighbor noticed the dog looked skinny and sickly, according to testimony during the one-day trial.

Prosecutor Michael McCann said Gaerin's dogs appeared so thin that their bones stuck out, and that their weight quickly increased when the officers began feeding them at a nearby shelter.

Gaerin testified he tried to restore the dogs' weight by feeding them a half-serving of food every 12 hours until their stomachs were able to handle larger amounts.

He said also that the dogs were licensed, although most of them were registered in Lakeside, not El Cajon.
Source: Union-Tribune - June 16, 2006
Update posted on Jun 16, 2006 - 11:04AM 

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References

North County Times
SignOnSanDiego.com - May 20, 2006

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