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NEW: Read the full complaint in animal cruelty case

By WacoTrib.com staff | Friday, May 8, 2009, 02:08 PM

A hearing was held earlier today where James Van Winkle and his wife, Barbara Mitchell, who have been accused of operating an alleged puppy mill in Elm Mott, were ordered to pay $6,240 for care of the animals and agreed to surrender all 78 of the seized dogs to the Waco Humane Society.

The McLennan County Sheriff’s Office subsequently arrested Van Winkle on a Class A misdemeanor of cruelty to animals in the case. Click here to read the coverage on our breaking news blog.

Read the formal complaint in the case below.

Cruelty to Non-Livestock Animals
PC 42.092 (b)(3)
MSO Case #09-0976
Class A Misdemeanor

COMPLAINT

THE STATE OF TEXAS
COUNTY OF McLENNAN

In the Name of and by the Authority of the State of Texas

BEFORE ME, the undersigned authority, on this day, personally appeared Detective Joseph M. Scaramucci, known by me to be a credible person who after being duly swom, upon oath deposes and says that he has good reason to believe and does believe that heretofore on or about the 1st day of May, AD 2009, in the County of McLennan, and State of Texas, James Edward Vanwinkle, W/M, DOB 5/26/1942 did then and there, knowingly or intentionally fail reasonably to provide necessary food, water, or shelter for a non-livestock animal in the person’s custody. Affiant bases his/her belief upon the following facts:

On 5-1-2009 Corporal Roy Davis with the McLennan County Sheriff’s Office was called to 1209 Oak Knoll in Elm Mott in reference to an odor complaint. Upon arrival at the residence Corporal Davis discovered several pens containing canines. After walking the property with the owner, James Vanwinkle, Corporal Davis contacted the Criminal Investigations Division for assistance.

Upon arrival at the residence I was met by Corporal Davis, who stated that he estimates there to be approximately 150 canines living in the back of the residence. He stated that the canines were living within their own feces and that the conditions were “deplorable.”

While walking towards the back Corporal Davis walked us towards what appeared to be a converted shed located to the back right of the residence. Once inside I noted that there were several metal kennels against the exterior wall. I noted that the kennels all had what appeared to be dirt, dust, rust, and feces on the cages. There was no circulation of air within the area, which had a strong odor of urine and feces inside. Each of the interior cages was approximately 2’ x 2’, with a small door leading to an exterior cage. The exterior cages were approximately 2’ x 4’ and housed between 3 and 5 dogs each, which did not leave any room for them to exercise. On the floors of each of the cages I noticed there was between 1 and 4 inches of feces inside. On the ground under the cages there was also several inches of feces.

I then noticed a small fenced area to the right of the building that housed more dogs. These dogs had molded food which had feces inside of it, as well as on the ground throughout the cage. I noted that one of the dog’s fur was colored yellow on the bottom of its body, presumably from urine and feces stains. The water within this cage was a dark greenish-black color that could not been seen through.

I then observed another small area surrounded by a plastic cage containing several small puppies. These dogs had small amounts of feces within their caging, along with a bowl of food. Underneath their dog house we did locate several maggots.

I then observed another metal pin measuring approximately 3’ x 6’ containing between 3 and 5 dogs. These dogs had feces all over the ground, their water was brown in color, and the food within their kennel had mold on the top of it.

We then went towards the back of the residence where we located what appeared to be another shed converted into a kennel. On the floor inside we observed several puppies walking within trash. On the inside of this we located several cages’ that measured approximately 2’ x 2’ On the exterior portions of the cages opened into an area that was approximately 2’ x 4’ raised approximately 5’ off of the ground, and did not provide the dogs with room to exercise. Inside these cages there were between 3 and 5 dogs. There were feces that were between 2 and 6 inches high on tlie floor that had become hard. Under the cages there were feces that were also several inches high. All of these cages were covered with dirt, dust, rust, and feces. On the floor we observed several puppies walking within trash. This building did not have any air circulation, and the air smelled of feces and urine.

We then went to an area that was an old barn. There were several cages made of chain fencing within the barn housing between 3 and 5 dogs each. These cages measured approximately 3’ x 6’. Inside the cages I noted that the dogs’ water was dark brown and green in color, and there was molding food on the ground, as well as feces that appeared to have been there for a day or two. Inside this barn was a large amount of rubble which included scrap wood, scrap metal, and trash. Underneath this were a female dog and several puppies.

Past the barn was another kennel area which was approximately 3’ x 6’. These cages were made of fencing, and had a metal roof. Inside these cages were also 3 to 5 dogs that had feces on the ground and in their food. The food in this cage was molding and the buckets containing their water were green in color.

Behind the barn we observed 3 barrels standing up. Inside one of the barrels, which was approximately half fall, we located an unknown amount of deceased and decomposing dogs. In the other 2 barrels we located what appeared to be decomposing goats. Next to the decomposing barrels we located a Great Pyrenees dog with several puppies that were lying under a semi-trailer. No food or water was located with these dogs.

After the arrival of Dr. Tamra Walthal we did walk her around to each kennel to evaluate the dogs health as well as their living conditions. Dr. Walthal stated that the overall conditions were very unsanitary. She also noted that pens had feces in them, moldy food, and drinking water that was black with contaminants. She also stated that one of the kennels had very poor air quality within it due to the amount of feces. Dr. Walthal did agree that the dogs did not have living conditions kept to the extent that is required to maintain the dogs in a good state of health.

Following seizure of the 78 dogs they were transported to the Waco Humane Society. On May 4, 2009 Dr. Walthal returned to the Waco Humane Society where she evaluated five dogs that had noted concern with her on the date of the seizure. She evaluated a male Rat Terrier, labeled by the Humane Society as ID # A07570456. She state that this dog had multiple bite ounds on the head. This dog was kept with a female and another male at the time of the seizure. She did treat this dog with antibiotics. She then evaluated another male Rat Terrier, labeled as # A07570508. She stated that this dog has an old, non-union fracture of the left radius and ulna. The dog walks with a limp and deformity of the leg. She did state that this was an old injury that did not heal correctly. She then evaluated ID # A7570608, which was also a male Rat Terrier. This dog had and old puncture wound that has scar tissue and blood present in the eye. She stated that this appeared to be an old injury that healed some time ago. She then evaluated ID # A07570433, also a male Rat Terrier. This dog had old lacerations to the eye lids, and a puncture wound on the top of the head. The eyes also had a green / yellow discharge. She then evaluated # A07570383, also a male Rat Terrier. She stated that rales were heard on ausculation of lungs. The dog did test positive for heartworms, and was given medication to clear the lungs. The Waco Humane Society also tested 17 of the 78 seized dogs for heartworm, 11 of which tested positive. They also tested 17 of the 78 s ized dogs for hookworms, roundworms, and tapeworms, all 17 dogs tested positive for all 3 parasites.

The dogs were also evaluated at the Waco Humane Society by Sandy Wittliff, who is a dog trainer and rehabilitator. She did state that her overall impression was that the dogs show signs of being bred with no socialization, adding that even the friendlier ones have aggressive issues. She did locate one King Charles Spaniel that has had it’s vocal cords cut. She stated that this is done to quiet dogs that bark and is accomplished by surgery or “ramming something down its’ throat.” She did indicate that, “None of these issues happened overnight, but was a daily occurrence of neglect and abuse of a long period of time.”

I further obtained records of visits from the Mid Tex Veterinary clinic regarding visits to Dr. Croll by the dog owners. I could not locate any records that would account for treatment of the injured dogs, treatment or evaluation of the dogs found dead in the barrel, nor surgery to have the King Charles’ vocal cords cut.

Finally, the written and verbal statements of Barbara Mitchell. Mrs. Mitchell did state that she feels cruelty and neglect of animals to be not providing food, water, shelter, and unsanitary conditions. She did agree that the conditions the 78 dogs were living in were not conditions that would keep them in good health. She stated that her husband, James Vanwinkle, is responsible for the feeding, watering, and cleaning of the dogs. This was confirmed in Vanwinkle’s written statement.

Affiant #2987

SWORN TO AND SUBSCRIBED before me, this the 8 day of MAY, A.D. 2009.

Kristi DeCluitt (signed)
MAGISTRATE
McLennan County, Texas

Note: the foregoing document was electronically translated from hard copy into a text format and many contain some errors.

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Comments

By NIKKI

May 8, 2009 2:38 PM | Link to this | Report comment abuse

THEY ARE COMPLETELY SICK PEOPLE. So basically the family that had all of these animals couldnt afford them to begin with that is why they found so many dead, why they were so dirty, laying in their own fesces and mold in their food�.then you charge them over $6000 dollars in fines and leave more animals out there�.how do you expect them to feed them now. you just put them in more dept. Take the rest of the dogs/animals out of there NOW!! it is not fair for these animals to be living this way nor the people that live around them. This is a sick situation, and its only half dealt with. Finish the job!! ps. the first thing that came out of the mans mouth when yall took his dogs, was �damn, they didnt leave me a male to breed this female with� hmmmmm??? think they are going to quit breeding animals?? I think not�..take care of the situation now before it gets out of hand again. THEY DO NOT DESERVE TO OWN ONE FREAKING ANIMAL, PERIOD!!!!

By Shelly

May 8, 2009 3:04 PM | Link to this | Report comment abuse

OMG, I cannot believe that these people are getting a slap on the hand! Ok, now they are being made to take care of the dogs that they neglected. BIG DEAL!! They should have been doing that all along! The investigators quoted this, as being the worst case they had ever seen and this is all that is going to be done about it? Why wasn�t Mitchell arrested? O, let me guess she has an illness, lets all feel sorry for her. She was well enough to keep breeding her dogs and selling them. YES, still selling them. The quote that you haven�t sold any in two years is bull. A friend of my cousin came out to buy a dog from you a few months back and decided not to because of the condition of the puppy and the living conditions. What about all of the other poor animals??? They are just going to be left there to suffer? They did find dead goats in barrels too, correct? The goats are still on the place, so we have to wait until more suffer a long drawn out death? I guess its good news for them, now you have your barrels empty and you can start filling them up again!
The reason the sheriff was ever called out in the first place was because a neighbor complained about aggressive dogs and odor. I drove by there this morning, there is still 10+ dogs laying beside the road and chasing cars! So we are just going to leave them??? Is nothing going to be done about the pack of aggressive dogs that roam up and down the road? Does someone have to be attacked first, or worst someone killed?? If these people are in such bad health and can�t find anyone to work for them, how are these animals going to be taken care of? I am just appalled that any animals are going to be left on the property. We as concerned citizens have got to band together and try to get something done about this. Call the judge, write the congressmen, call PETA, hell even send letters to the owners of all of these poor animals! You would think these people would at least try and show they are cleaning things up. Just drive by, it still looks like a junkyard. A junkyard where animals are still being kept, but at present time not showing signs of abuse. So a year from now they will have there puppy stock built back up and there will be another barrel of dead animals?? I just can�t believe this~!

By so sad

May 8, 2009 3:05 PM | Link to this | Report comment abuse

I agree with Nikki make it where these people cannot have another animal in there lifetime. Make them live in the same conditions these poor animals had to live. They are the scum of the earth. Anyone who will hurt and animal would hurt a human they have no conscious. And they are not paying enough money for what they done. Also Mrs. Mitchell sure threw Vanwinkle under the bus she was aware of what was going on she should be arrested also.

By Doubt struck!

May 8, 2009 3:16 PM | Link to this | Report comment abuse

Ok, so they are letting them keep how many dogs?? Lets just say they are letting them keep 10 female dogs that they are not required to have fixed. (which we all know its more than that, probably at least 35) and each of these dogs has 2 litters each of puppies with 6 puppies in each litter. In a year from now they can go out and find more barrels of puppies and seize another 100+ dogs and cost more taxpayer money?? How does this make sense???? Come on people, stand up and let them hear you on this. They need to remove everything with a heartbeat from this place!!

By ladybug

May 8, 2009 6:48 PM | Link to this | Report comment abuse

I think that before some of you talk nasty, you need to go out and look around…Bet you could find alot more places like this or even worse…If you are going to talk so cruel about these people, then you need to turn those others in too…Did you actually see this!!!

By Judy

May 8, 2009 9:09 PM | Link to this | Report comment abuse

Ladybug I totally agree with you!!

By Brenda

May 8, 2009 9:30 PM | Link to this | Report comment abuse

Animal cruelty cases are documented by photo, as well as written documents prepared by the Animal Control Officers, AND the veterinarian who met them at the scene. THEN, each animal is evaluated at the shelter/vet office/rescue they are taken to. I have no reason to believe that the complaint does not accurately state what was found. The number of animals out there WAS TOO MANY FOR ANYONE TO PROPERLY CARE FOR! These people should be prosecuted to the fullest extent the law allows (which unfortunately isn’t a whole heck of a lot!) Furthermore, they should be prohibited from owning animals of any sort in McLennan County again. These people could have contacted the Humane Society, Fuzzy Friends, etc, at ANY TIME, and asked for assistance, and admitted that they were in over their heads. So, yeah, I have no problem talking cruel about these people. And quite frankly, if you know these people, and you did nothing, then you aren’t any better than they are.

By Keep it real

May 8, 2009 9:57 PM | Link to this | Report comment abuse

AMEN Brenda,,