Case Details
Case Snapshot
Case ID: 9558
Classification: Neglect / Abandonment
Animal: rodent/small mammal (pet), marine animal (pet), rabbit (pet)
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Case #9558 Rating: 1.0 out of 5



Pet store neglect
San Mateo, CA (US)

Incident Date: Friday, Aug 25, 2006
County: San Mateo

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: Mohammed Olfat

Case Updates: 2 update(s) available

A pet shop owner already on supervised probation for animal neglect could face additional charges for allegedly keeping small animals in poor living conditions.

On August 25, 2006, officers from the San Mateo County Probation Department and the Peninsula Humane Society conducted a regular probation search on Laurelwood Pets, at 1232 W. Hillsdale Blvd. in San Mateo. Officers allegedly uncovered several small animals living in unclean cages, rodents being fed improper food, feces in food containers, fish without proper amounts of water and dirty rabbit cages.

About 200 birds, fish and other small animals were seized. At least one rabbit is being treated for upper respiratory problems, said Humane Officer Debi DeNardi.

Mohammed Olfat could face charges for violating his probation. His wife, Farzaneh Bitque, is the current owner of the business and was cited for failing to maintain the pet shop to current health standards. Olfat claims unfair treatment from the Humane Society, claiming racism as the underlying reason why the PHS would not help the store despite repeated requests for help.

"Instead of coming to assist us, they came and cut our throat," Olfat said. "The officer is prejudiced ... we are from Iran. They are prejudiced against Iranians."

In January 2006, Olfat pleaded no contest in San Mateo County Superior Court to a misdemeanor charge of animal neglect. He reportedly sold sick animals to "dozens" of customers. He was previously convicted in 2004 for similar charges.

In 2004, Olfat was placed on three years probation and ordered to keep his pet shop up to legal standards. He also served five days in jail.

In March, Olfat was placed on supervised probation for selling sick dogs and cats. As part of the plea agreement, Olfat was ordered to not sell dogs and cats but was allowed to sell small animals such as rabbits, birds, fish and rodents. Olfat was also ordered to pay restitution to victims who purchased the sick animals, serve 14 days in the county jail, pay a $1,100 fine, and maintain his pet store to the standards of San Mateo County.

In July 2006, store manager May Asher drafted two letters to the PHS asking for its assistance in determining whether the store was meeting standards. The requests were never answered, Asher said.

DeNardi said it is not up to the society to determine whether Olfat is meeting the terms of his probation.


Case Updates

A San Mateo pet shop owner with a history of animal neglect was banned last week from selling all animals.

Mohammed Olfat, owner of Laurelwood Pets at 1232 W. Hillsdale Blvd. in San Mateo, was ordered Thursday by a San Mateo County Superior Court judge to stop selling all animals. He was already under probation for previous animal charges and restricted from selling cats and dogs.

In August, officers from the San Mateo County Probation Department and the Peninsula Humane Society found small animals in poor living conditions at the store. Probation officers allegedly uncovered several small animals living in dirty cages, rodents being fed improper food, feces in food containers, fish without proper amounts of water and dirty rabbit cages.

Approximately 200 birds, fish and other small animals were seized. At least one rabbit is being treated for upper respiratory problems, Humane Officer Debi DeNardi told the Daily Journal in August.

In 2004, Olfat was placed on three years probation and ordered to keep his pet shop up to legal standards. He also served five days in jail.

In January, Olfat pleaded no contest in San Mateo County Superior Court to a misdemeanor charge of animal neglect. He reportedly sold sick animals to "dozens" of customers. He was previously convicted in 2004 for similar charges.

In March, Olfat was placed on supervised probation for selling sick dogs and cats. As part of the plea agreement, Olfat was ordered to not sell dogs and cats but was allowed to sell small animals such as rabbits, birds, fish and rodents. Olfat was also ordered to pay restitution to victims who purchased the sick animals, serve 14 days in the county jail, pay a $1,100 fine, and maintain his pet store to the standards of San Mateo County.
Source: San Mateo Daily Journal - Dec 19, 2006
Update posted on Dec 20, 2006 - 1:34PM 
When Debi DeNardi accompanied police officers last month on a surprise probation search of a pet store whose owner had twice been convicted of keeping his animals in filthy conditions, she expected the fish tanks and the cages to be sparkling.

Instead, she found dirty fish tanks without enough water, rodents without food and urine leaking out the sides of the rabbit cages.

DeNardi, cruelty investigator for the Peninsula Humane Society (PHS), wrote the reports that resulted in two misdemeanor convictions for pet store owner Mohammad Olfat in August 2004 and March 2005. To her frustration, he was banned from selling dogs and cats, but allowed to continue selling fish and rodents under supervised probation. The PHS seized all of Olfat's animals after last month's violation and she is hoping the pet store will now be shut down for good. Despite her best efforts, DeNardi says abusive animal owners are often let out of court on a simple misdemeanor, because she can't prove they've been cruel to their animals. Evidence is hard to collect and even a felony conviction doesn't usually net more than a year in jail, she said.

In July of this year, the PHS seized several more sick animals from Wherry's ranch. This time, the District Attorney's Office filed an animal cruelty charge against Wherry. She now faces up to one year in prison and up to $20,000 in fines, said Morris Maya, the deputy district attorney in charge of animal cruelty prosecutions.

Proving animal cruelty cases is tough, especially when there aren't enough witnesses to testify about it, DeNardi said, or when judges are too lenient.

"They give the defendant the benefit of the doubt that they're doing the right thing," said DeNardi. "If we don't have enough evidence to file a case, we have to let the animals go back. It just kills you."

"Back then, we didn't have the rapport with the DA's office that we do now," she said. "Honestly, they didn't really care about animal cruelty cases."

In Olfat's previous court appearances, he was convicted of misdemeanors that led to half a month in jail, but allowed him to continue selling certain animals.

Proving that an animal was neglected at a pet shop is more complicated than it might seem, since it's difficult to say whether it arrived in a sickly state, said Maya.

"It's not considered animal cruelty or neglect because we don't know what condition he got the animals in. What we can say is that the condition in which they were found was substandard," said Maya.

Olfat now faces up to 90 days in jail.

"I spent three years submitting reports to the DA," DeNardi said. "He should be ordered to not sell a creature out of his store."

Both Wherry and Olfat were prosecuted under a section of the penal code reserved for animal neglect and cruelty. Its sub-sections cover everything from the willful poisoning of animals to abusive behavior toward elephants.

Felony charges are reserved for cases of sadistic behavior toward animals, said Maya. He cited the example of a man who was sentenced to four years in prison for killing his grandmother's dog by strangling it and them hitting it over the head with a mallet in January.

In spite of the disturbing cases he has seen, Maya said he didn't believe that ratcheting up the punishment for people who are cruel to animals would act as a deterrent.

Animal abusers are not punished as harshly as people who kill and maim humans, and never will be, he said.

"The jury's still out on whether (the law) has deterred these people. I hope it does. I hope they realize this behavior doesn't come without cost to themselves," said Maya.
Source: Inside Bay Area - Sepy 20, 2006
Update posted on Sep 20, 2006 - 7:19AM 

References

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