Case Details
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Case ID: 8803
Classification: Neglect / Abandonment
Animal: dog (pit-bull)
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4-month old puppy dies from starvation
Milwaukee, WI (US)

Incident Date: Monday, Feb 13, 2006
County: Milwaukee

Disposition: Acquitted

Person of Interest: Elias L. Tapia

Case Updates: 3 update(s) available

An Oshkosh man could face a prison sentence if convicted of mistreating his pit bull puppy.

Elias L. Tapia, 21, will make an initial court appearance on June 16 on a felony charge of animal mistreatment and misdemeanor counts of obstructing police and intentionally failing to provide food for an animal. Workers at the Oshkosh Area Humane Society dubbed the puppy "Valentine" when Tapia and a roommate turned over the ill and emaciated dog on Feb. 13. The dog had to be put to death.

According to the criminal complaint, the 4-month-old dog had lost about 90 percent of its hair, its eyes were sunken and the dog was underweight to the point where its ribs and spine were visible beneath the skin. The dog also had cuts on its legs and abdomen, some of which were infected. Tapia initially told police that he and his roommate found the dog in poor condition and brought it to the humane society after deciding they couldn't nurse it back to health, the complaint states.

He later acknowledged that the dog was his, and that he didn't have a job to pay for shots or care of a skin condition that led to symptoms including the dog's hair loss. Tapia told police that he initially lied about his relationship to the dog due to fear that he would be considered a dog fighter, the complaint states. Tapia told police the dog wouldn't eat. A veterinarian told officers that the dog's skin condition would have been completely treatable in earlier stages, and that the dog had no sores in its mouth that would have kept it from eating, according to the complaint.

Valentine wasn't the only recent case of animal cruelty. In January, a severely injured pit bull was discovered in the town of Black Wolf. Officials initially thought the dog was the victim of dog fighting because of puncture wounds to her head, feet and body. One of the dog's ears was torn off. In ruling out dog fighting, tests instead showed the dog was the victim of "extreme blunt force trauma to her head, torso and legs," according to the humane society. That case still is under investigation.

Joni Geiger, director of the Oshkosh Area Humane Society, said her staff is seeing animal cruelty more often. She's not certain there's more animal cruelty, but rather that people are taking it more seriously. "Law enforcement is finally recognizing it for what it is, and I think more people are coming forward more often," she said. The humane society recently held workshops for law enforcement regarding the handling of animal cruelty cases. Geiger said they're particularly challenging cases, even with physical evidence, because animals can't tell investigators what happened.

Tapia faces a $10,000 fine and three and a half years of combined prison and extended supervision time if convicted on the felony. He could receive $20,000 in fines and 18 months in jail if convicted on both misdemeanors. Tapia was issued a summons compelling his appearance in court next month.


Case Updates

An Oshkosh man admitted he lied to police when he told them he didn't own a sick pit bull puppy, but a jury determined his actions did not contribute to the death of the puppy last year.

After deliberating about two hours Tuesday, a Winnebago County jury determined Elias L. Tapia, 21, was not guilty of mistreatment of animals and intentionally failing to provide food for an animal. He was found guilty of resisting or obstructing an officer.

"He was afraid and told the officer a lie in the initial contact," said Joseph Hildebrand, the attorney representing Tapia. "We didn't think he mistreated this animal, but he did lie."

Winnebago County Circuit Court Judge Thomas Gritton will sentence Tapia on the resisting or obstructing charge on March 20. He faces a maximum penalty of nine months in jail and $10,000 fine.

According to the criminal complaint, Valentine, the 4-month-old pit bull puppy was ill and emaciated and had to be put to death when Tapia and his roommate took it to the Oshkosh Area Humane Society Feb. 13, 2006. The dog had lost about 90 percent of its hair, its eyes were sunken and the dog was underweight to the point where its ribs and spine were visible beneath the skin. The dog also had cuts on its legs and abdomen, some of which were infected, the complaint states.

Tapia told workers at the humane society that the dog wouldn't eat, the complaint states.

Hildebrand said the dog had gotten sick after Tapia got him and that Tapia tried to nurse the dog back to health, treating him with over the counter medications, but the dog did not recover. Tapia, who couldn't afford to take the dog to the vet, eventually took the dog to the humane society, where the dog had to euthanized, Hildebrand said.

"(Prosecutors) tried to establish there is a duty on an owner of an animal to take the animal to a vet if it gets sick," Hildebrand said. "And I don't think there is a duty."
Source: Oshkosh Northwestern - March 8, 2007
Update posted on Mar 11, 2007 - 11:17PM 
Winnebago County Judge Thomas Gritton on July 6 will decide whether the accused conduct of a man charged with animal abuse is substantial enough to maintain the felony charge against him.

Elias L. Tapia, 21, will appear in Winnebago County Circuit Court for a continuation of his preliminary hearing on a felony charge of mistreating an animal. Tapia is also charged with two misdemeanor counts for failing to provide food for animal and for obstructing police.

Workers at the Oshkosh Area Humane Society dubbed the pit bull puppy "Valentine" after Tapia and a roommate turned over the ill and emaciated dog on Feb. 13. The dog had to be euthanized. According to the criminal complaint, the 4-month-old dog named Minerva by Tapia had lost about 90 percent of its hair, its eyes were sunken and the dog was severely underweight.

Tapia told The Northwestern in May that he loved his dog, but couldn't afford veterinary care for treatment of a skin condition because he lost his job. Friends of Tapia said he used over-the-counter treatments to no avail.

Defense lawyer David Keck argues that Tapia was not purposely hurting his dog, and therefore the felony charge doesn't fit the actions.

"If the cruelty is intentional, it's a felony," Keck said. "If it's negligent or reckless, it's a misdemeanor."

Assistant District Attorney Mike Balskus could not be reached for comment Monday on the prosecution's stance on whether the felony charge should be maintained. The felony charge carries a maximum term of three and a half years of prison and extended supervision.

Animal supporters including workers from the Oshkosh Area Humane Society have been attending Tapia's court appearances on behalf the dog.

Tapia is free from custody on a signature bond. Conditions of the bond include that he have no pets.
Source: Oshkosh Northwestern - July 4, 2006
Update posted on Jul 5, 2006 - 6:04PM 
An Oshkosh man accused of mistreating a pit bull puppy will not be allowed to have animals in his home. Eias L. Tapia, 21, made an initial court appearance on a felony charge of animal mistreatment and misdemeanor counts of obstructing police and failing to provide food for an animal. Tapia's supporters sat on one side of the courtroom while animal advocates sat on the other. Workers at the Oshkosh Area Humane Society dubbed the puppy "Valentine" when Tapia and a roommate turned over the ill and emaciated dog on Feb. 13, 2006. The dog eventually had to be euthanized.


Judge Thomas Gritton Friday granted a bond condition requested by prosecutors requiring that Tapia to have no animals in his care. Tapia's roommate has two cats. "Either they're going to have to go, or you are, Mr. Tapia," Gritton said.


According to the criminal complaint, the 4-month-old dog had lost about 90 percent of its hair, its eyes were sunken and the dog was severely underweight. Tapia initially told police that he and his roommate found the dog and brought it to the Humane Society after deciding they couldn't nurse it back to health, the complaint states. He later acknowledged that the dog was his, and that he didn't have a job to pay for shots or care for a skin condition that led to the dog's hair loss. Tapia last month told The Northwestern that he loved his dog, cared for his dog, but couldn't get the dog to eat. Friends said he attempted to cure the dogs skin condition with over-the-counter products.


Tapia faces a $10,000 fine and three and a half years of combined prison and extended supervision time if convicted on the felony. He could receive $20,000 in fines and 18 months in jail if convicted on both misdemeanors.
Source: The Northwestern - June 17, 2006
Update posted on Jun 30, 2006 - 1:15AM 

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