Warner and Hurt

enter deferred

prosecution

agreement on

animal cruelty charges
By Melanie Davis
melanie@mountaintimes.com

More than 100 dogs are now in the custody of the Watauga Humane Society following the outcome of the animal cruelty trial this week in district court.

Richard “Ricky” Hurt, 22, and Anna Mae Warner, 18, both of Todd, were charged with 74 counts each of animal cruelty in connection with a kennel located at 10430 N.C. 194 North.

Officers of the Watauga County Animal Care and Control department seized animals from the kennel on two separate occasions. On March 13, three live dogs and one dead were removed from the kennel. The supervision of the remaining dogs' care continued. On April 10, officers returned with a search warrant and removed 77 live dogs and three dead.

A statement issued at that time of the seizure indicated the dogs were taken due to a lack of proper nutrition and water, as well as a lack of medical care.

Warner was charged with a total of 74 counts, four in March and 70 in mid-April, as a result of the two separate seizures. Hurt was charged in mid-May, as officers discovered Hurt owned and occupied with Warner the property on which the animals were housed. Officers also discovered an unspecified number of the animals were also owned by Hurt. He was therefore deemed to be equally responsible for their care.

The trial began Monday with testimony from chief animal care and control officer Steve Norris. An inspector with the U.S. Department of Agriculture, Cindy Lisle, also testified. Lisle had visited the kennel with Norris once in December.

The veterinarians who treated the animals, including Dr. Sarah Minis, a veterinarian with the Emergency Animal Clinic of Boone, were called to the stand by the prosecution.

Testimony continued through Tuesday with Warner called to speak in her own defense. She spoke about each dog individually as to the length of time the animal had been in her possession and the condition upon arrival at the Todd kennel.

The Wednesday morning session was delayed while defense attorney Tom Speed and district attorney Jerry Wilson and assistant district attorney John Middlebrook were in a closed meeting for approximately two hours.

As court was called to order, with an audience of Watauga Humane Society representatives in attendance, Wilson presented a deferred prosecution agreement signed by all parties to district court judge Jack E. Klass.

A deferred prosecution agreement is a designated set of conditions which will result in dismissal of charges at the end of the time frame set forth.

The agreement between Warner, Hurt and the prosecution states the defendants will not own or operate a kennel during a one-year period. Further, Warner and Hurt are to have no animals, with the exception of two dogs from the seizure that will be returned as personal pets, in their care or control for one year.

As a part of the agreement, the dogs seized and the puppies which have been born, estimated to be more than 100 animals, will be forfeited to the county.

An attorney for the county was present in the courtroom and custody of the animals was transferred to the Watauga County Humane Society at this time.

At the close, Speed spoke on behalf of Warner. He spoke of his own mixed feelings when approached to represent Warner. “After meeting with her, I never doubted her intentions with these animals,” he said. “Had I doubted it, I wouldn't be involved with this case as an animal lover myself.”

Speed also spoke of Warner's willingness to meet with animal care and control officer Norris to give additional information for each dog to assist in the adoption process.

Klass closed the court session by saying, “We all love our animals and we can leave here today with the assurance that these animals will be taken care of.”