CONVICTED: Was justice served?
more information on voting
When you vote, you are voting on whether or not the punishment fit the crime, NOT on the severity of the case itself. If you feel the sentence was very weak, you would vote 1 star. If you feel the sentence was very strong, you would vote 5 stars.
Please vote honestly and realistically. These ratings will be used a a tool for many future programs, including a "People’s Choice" of best and worst sentencing, DA and judge "report cards", and more. Try to resist the temptation to vote 1 star on every case, even if you feel that 100 years in prison isn’t enough.
Case #8679 Rating: 4.5 out of 5
10 dogs found neglected in basement, 6 euthanized
Frederick, MD (US)Incident Date: Monday, May 1, 2006
County: Frederick
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Emanuel Powe
Case Updates: 1 update(s) available
Six dogs have been euthanized after they were found neglected in a basement. 31-year-old Emmanuel Powe has been charged with animal neglect. Animal control officers said they found ten pit bulls in his home that had no food or water. They were locked in crates that hadn't been cleaned. Officers were called to Powe's home on Palladian Way earlier this month after neighbors complained about a foul odor.
Six of the dogs were just too sick, so they had to be put down. The other four all have homes.
Harold Domer of the Frederick Co. Animal control, said "To maintain and try and feed, take care of, exercise, and provide proper care to animals in any format is pretty difficult. I mean farming is one thing, but when you have domesticated animals--dogs and cats--I personally own one and they can be a handful."
Each count of animal neglect carries a maximum 90 days in jail, a one thousand dollar fine, or both. Powe has been released on his own recognizance.
Case UpdatesA 32-year-old Frederick man prosecutors believe was training pit bulls to fight in his feces-covered basement is prohibited from owning or caring for animals for three years.
Judge Oliver John Cejka Jr. made that a condition of Emmanuel A. Powe's three-year term of probation ordered Wednesday in Frederick County District Court.
Powe was arrested in May after animal control officers investigated complaints of a strong odor and found 10 dogs hungry, thirsty and barking in the basement of Powe's residence in the 1200 block of Palladian Way.
Convicted of four counts of animal cruelty in August, Powe could have been sentenced to a year in jail and fined as much as $4,000.
Instead, Judge Cejka followed the recommendation of a presentencing investigation and imposed a suspended sentence. But he crafted the sentence so that should Powe violate any conditions of his probation, he's facing six months in jail.
The judge also fined Powe $2,000; he suspended all but $200 of the fines and court costs.
Defense attorney Jack E. Blomquist said the judge may have been swayed by letters presented to the court "about how gentle Mr. Powe is with animals."
"He loves animals and particularly pit bulls," Mr. Blomquist said. "To him, (pit bulls) are the most misunderstood animal … he got in over his head. This was not a case of intentional cruelty."
Powe began boarding pit bulls for others to raise extra income to support his wife and seven children, Mr. Blomquist said. He took in three dogs when their owners, who are soldiers, could not care for them. One of the soldiers was sent to Iraq.
During Wednesday's sentencing hearing, Judge Cejka reviewed about two dozen photos of the basement where the dogs were kept.
The judge was concerned about the treadmill, a weighted collar and the conditions inside the cages.
Assistant State's Attorney Kirsten N. Brown said animal control officers found the basement void of food and water. Feces was caked in the pads of the animals' feet.
"A treadmill and weight collars found indicated the dogs were being trained to fight," Ms. Brown said. "The items are used to make the dogs' necks, backs and legs stronger."
Powe's convictions follow three earlier civil citations for similar offenses in Montgomery County, Ms. Brown said.
After his arrest, Powe relinquished his animals to the Frederick County Division of Animal Control. He returned the others to their owners.
Of the animals turned over to animal control, six had to be euthanized because they were too vicious to be adopted, according to court testimony. | Source: Frederick News-Post - Nov 16, 2006
Update posted on Nov 17, 2006 - 10:58AM |
References« MD State Animal Cruelty Map
« More cases in Frederick County, MD
|
