Second person

charged in animal

cruelty case
By Melanie Davis
melanie@highcountrymedia.net

A second person has been charged in the animal cruelty case involving Anna Mae Warner, 18, of Todd.

According to Watauga County Animal Care and Control (WCACC) officer Steve Norris, Richard “Ricky” Hurt, 22, also resided in and owned the 10430 N.C. 194 North, Todd, home occupied by Warner.

Further investigation also lead to the discovery of Hurt's ownership of an unspecified number of the 80 live and four dead dogs seized from the todd premises.

Hurt has been charged with counts identical to Warner's charges, which total 74 cruelty to animal misdemeanors. As both the property owner and owner of a number of the dogs, Hurt was deemed by officers to be equally responsible for the animals’ care.

The investigation began when a stray dog was picked up in the area. The dog was in poor condition leading officers to search for the person responsible for the animal.

On March 13, officers of WCACC visited the kennel run by Warner and Hurt. At that time. three live dogs and one dead dog were seized. Warner was charged with four counts of animal cruelty as a result.

Officers continued to investigate the treatment of the numerous dogs in the kennel.

Warner and Hurt are alleged to have been breeding the animals for sale. All of the 84 dogs seized were small dogs, often referred to as toy breeds. Of the animals seized, there were miniature schnauzer, Papillon, Maltese, Jack Russell, toy poodle, Yorkshire terrier, shih tzu, chihauhua, pug, Pomeranian, spitz, Pekingese, Boston terrier and cocker spaniel breeds.

Officers said the reason for the seizure were animals not receiving proper water, nutrition or medical care.

The dogs now remain in the custody of the county pending the outcome of the trial. The majority of the animals are housed in an undisclosed private kennel rented by the county. Some of the pregnant and nursing mothers remain in the care of the Watauga County Humane Society.

An undisclosed number of puppies have been born to some of the seized dogs. They are not included in the count of 80 listed above.

On April 24, the prosecution filed a motion which said, “Pursuant to NCGS [general statute] 19A-70 requesting that the defendant be ordered to deposit funds with the clerk of court in an amount sufficient to secure payment of all the reasonable expenses expected to be incurred by the animal shelter in caring for and providing for the animals taken into custody pending the deposition of these cases.”

The county cited the cost as $5,160 for the 30 days of care and veterinarian expenses. Norris testified in court the amount was calculated on the basis of the standard boarding fee for the county of $2 per day per animal for a total of 86 dogs. Veterinarian expenses totaling nearly $850 are also included in the total.

Defense attorney Tom Speed argued against the motion saying he felt the cost should be determined on a dog-by-dog basis. Speed also argued that the veterinarian bills did not apply unless the prosecution could prove Warner was the direct cause of the animal’s problem.

Speed contends Warner rescued the animals and was providing them care for conditions they were suffering when she took them in.

The presiding district court judge, Kyle Austin, ruled in favor of the motion. According to the statute, the animals would be forfeited if the defendant did not post the required amount in the clerk's office within five days. Speed, however, immediately gave notice of an appeal. The appeal is scheduled to be heard in Watauga County Superior Court on Thursday.

Warner's trial was scheduled to begin Tuesday, however, the trial has been postponed until June 9. Hurt was served with the warrants for 74 charges of animal cruelty over the weekend. Both the prosecution and the defense agreed they were ready to proceed regardless of the short time frame between warrant service and trial.

Hurt signed a waiver concerning his first appearance. Speed will also be representing Hurt in the matter.
A scheduling conflict arose concerning the judge's allotted time in Watauga County. Austin was scheduled for only one day during this week, and would not be returning to Watauga until June 9.

The prosecution estimated the case to be presented within a one day time frame. Speed said he expected the trial to last a minimum of three days.

The judge, defense and prosecution all said the case would be better to proceed continually, rather than the possibility of a two week recess.

Several members of the Watauga County Humane Society, the Friends for Life organization and WCACC volunteers were present in the audience to show their support for the dogs involved.

Some expressed their disappointment in the continuance of the case.

Lisa VanArnam, vice president of the Humane Society, said, “It's depressing and bad for the animals left in limbo. The image of some of the dogs continues to haunt me.”

A waiting list has been established at the Humane Society for the adoption of the dogs, pending the outcome of the trial. VanArnam added that donations of dog food were also still needed to help with the care of the animals.