2007-06-26

Gabrielle D’Amour & Christian W Goldner - Sarasota


Convicted of animal cruelty in New York, now living in FL

Woman charged with child endangerment, criminal nuisance

June 26, 2007

A Granville woman who operates an animal rescue organization was arrested Tuesday and charged with endangering the welfare of a child and criminal nuisance.

State Police received a complaint about two Rottweiler dogs harassing horses at a nearby farm and riding stable. During the investigation, police learned that Gabrielle D'Amour, 33, who operates Peaceable Kingdom Animal Rescue LTD, was caring for 25 dogs and 25 cats inside her home on Route 22.

Police said the charges are based on the living conditions at her home where she lives with her two children.
D'Amour was issued appearance tickets to appear in the Town of Hebron Court on July 11.

Four are charged in animal cruelty case at Hebron shelter

Oct 4, 2011

HEBRON -- Four people were charged Monday with animal cruelty for their roles in the operation of an animal shelter raided by police and the SPCA last month.

Gabrielle S. D'Amour, 37, and her husband, Christian W. Goldner, 50, each face 54 misdemeanor counts in connection with the conditions of 68 dogs and cats taken from their 7491 Route 22, Hebron home on Sept. 21, according to Washington County Sheriff's Deputy Michael McWhorter.

The couple operates Peaceable Kingdom Animal Rescue from the home.

Two Vermont residents who assist them, Michael J. Lawyer, 40, and Lynn E. Lawyer, 39, both of North Bennington. Vt., were charged with a single count each of animal cruelty.

The charges against them pertain to a dog they were caring for that wound up on the property of a neighbor of D'Amour's, whose complaint prompted police and SPCA of Upstate New York to go to the home to check on the animals.

All four were released pending prosecution in Hebron Town Court.

McWhorter said the animals were found to be emaciated, dehydrated and with numerous medical problems that did not appear to have been treated, including mange, eye infections, dental problems and diarrhea.

The home was ordered closed by the Washington County Code Enforcement Office, pending a cleanup.

"The conditions were extremely unsanitary," McWhorter said.

Numerous dogs and cats were allowed to remain there as the house is cleaned up. McWhorter said the health of those animals did not seem as poor as that of the animals that were turned over.

D'Amour agreed to surrender the 68 animals to the SPCA of Upstate New York, and McWhorter said he had not heard that any had died or been euthanized.

McWhorter said the police investigation was continuing and more charges are possible.

One of the aspects of the investigation that remain open is D'Amour's past claims that Peaceable Kingdom was a registered nonprofit organization.

The organization's page on the social networking website Facebook had up until several months ago included a claim that it was a "501c(3)" nonprofit, referring to the section of the Internal Revenue Code that covers nonprofits.

But a search of the Internal Revenue Service's website shows Peaceable Kingdom is not registered under 501c(3).

"We would like to talk to people who adopted animals from Peaceable Kingdom or donated to them to understand what they were told," McWhorter said. "There's a lot to this case that we're still looking into."

The organization's Facebook page also listed a Route 22, North Granville address until a day or two after the police and SPCA visit to the home.

Anyone with information in the case was asked to call the Sheriff's Office at 747-4623.

D'Amour was also prosecuted in April 2007, after State Police found 50 dogs and cats and what they called "very unsanitary conditions" at her home, leading to her arrest on misdemeanor charges of endangering the welfare of a child and criminal nuisance for allowing her children to live there.

The charges were ultimately dropped with an agreement that she not operate the shelter from her home for at least a year.

Any children who live in the home are now older than 17, McWhorter said.

D'Amour, contacted for comment Tuesday, said, "My only comment is that there are still many dogs here available for adoption."

The day of the police raid, she told a reporter that she brings dogs to Peaceable Kingdom that were brought to shelters in other states where they would be euthanized if homes weren't found.

Peaceable Kingdom has been holding adoption clinics at pet stores in the Albany area earlier this year.

Its website lists an adoption clinic planned for Saturday, but also includes references to "trying to close our doors."

Investigation into animal rescue leads to animal cruelty arrests

October 5, 2011

Almost 150 animals were found in deplorable, disgusting conditions, according to SPCA officials. Now, four people have been charged with animal cruelty. Innae Park has the details.

HEBRON, N.Y. -- Appalling conditions can be seen in photos of Peaceable Kingdom Animal Rescue, taken a few weeks ago when dozens of animals were taken from the house in Hebron, which was operating as a shelter. Officials described how there were feces everywhere - in the cages, on the walls of the cages, on the animals themselves and even inside the living quarters of the residents - and maggots could be seen.

Now four people have been charged with animal cruelty as a result of the confiscation in September. Gabrielle D'Amour and Christian Goldner face 54 counts of animal cruelty, and Michael and Lynn Lawyer of North Bennington, Vt., each face one count.

"As a rescue group, this is inexcusable, it's what you're supposed to be doing," said SPCA of Upstate NY Executive Director Cathy Cloutier. Cloutier helped rescue some of the animals that had serious health conditions, which ranged from extreme emaciation to mange.

This isn't the first time D'Amour faced the law. Back in 2007, she was charged with endangering the welfare of a child. In that case, police said they found more than 50 animals inside her home.

Cloutier says she tried to help her years before. "When Gabrielle started years ago, back in 2005, we talked her out of a few things, helped her out with a few things, gave her a few suggestions," said Cloutier. "I believe everything got way out of hand. She had more dogs at her house than we had at our shelter."

In total, Cloutier believes D'Amour and Goldner had 142 dogs and around 18 cats at the home on State Route 22. Many of them remain there, with the promise they will be taken care of. 56 dogs and 12 cats have been relocated to the SPCA, where they are getting treated, given much more space to roam and and have someone to play with.

Unfortunately, the arrival of dozens of animals all at once means the door is closing for other animals in need. The shelter is at overcapacity, and the shelter is forced to turn animals away daily.

"To take in that many dogs, in addition to what we had in the building, it has been burdensome," Cloutier admitted. "And the medical expenses that have been associated with it. So when you're looking for a new friend, SPCA of Upstate NY, give us a call!"

The investigation into Peaceable Kingdom Animal Rescue is ongoing. The Sheriff's Office is looking for anyone with information on any adoptions from the shelter or on donations made to the organization. If you would like to offer your knowledge, call (518) 747-4623.

Shelter owner heads to jail in animal cruelty case

July 10, 2012

HEBRON -- The former proprietor of a Route 22 animal shelter was sent to Washington County Jail Monday for up to 60 days as part of a plea deal in an animal cruelty case.

The deal required Gabrielle D’Amour to enter a so-called “Alford Plea” to a charge of misdemeanor animal cruelty in connection with neglect of cats and dogs at the shelter, which was based in her two-story farmhouse at 7491 Route 22.

The plea agreement allowed her to avoid admitting wrongdoing, but she acknowledged there is sufficient evidence against her for a conviction. The single charge satisfied 54 misdemeanor animal cruelty counts.

D’Amour, 38, agreed to terminate Peaceable Kingdom, the non-profit corporation that ran the shelter. She also agreed to not open another shelter and pay $2,500 in restitution for damage caused to a neighbor’s property by a donkey that escaped from her shelter.

She also paid $750 to the SPCA of Upstate New York, which cared for the animals she surrendered.

D’Amour was sentenced to a 1-year conditional discharge that will require her to follow the terms of the plea agreement or risk further jail time.

“She said she has no more animals, and she has vacated the property,” Washington County First Assistant District Attorney Katherine Henley said.

D’Amour, her husband and two supporters were charged in the fall, after the Washington County Sheriff’s Office and SPCA of Upstate New York took away an estimated 68 dogs and cats police said were suffering from malnutrition and a number of illnesses. Police said 142 animals were on the property at the time.

The house was condemned because of unsanitary conditions, though D’Amour’s family cleaned it and was allowed back in within a few days.

Misdemeanor animal cruelty charges against D’Amour’s husband, Christian W. Goldner, 50, and two people who assisted D’Amour with the shelter, Michael J. Lawyer, 40, and Lynn E. Lawyer, 39, both of North Bennington. Vt., were adjourned Monday for six months in contemplation of dismissal.

That means if they are not re-arrested in that period, the charges will be dropped.

The prosecution marked the second time D’Amour was charged. She was also prosecuted in 2007 on a misdemeanor charge of endangering the welfare of a child because of conditions in her home.

In an email exchange earlier this month, D’Amour said she chose to serve a jail term instead of three years on probation because she and her family plan to move from Washington County to Florida.

She would not have been able to move while on probation because Florida does not take interstate probation transfers.

D’Amour said in an email the prosecution doesn’t solve the problem of a lack of animal shelter space in Washington County. She said animals were being dropped off at her shelter for months after the September visit by police and the SPCA.

“Personally, I was wanting the trial, but I had to think of the three other people (relatives) and expense of trial,” she wrote. “There is way too much info that wasn’t heard.”

2007-06-19

WIZARD OF CLAWS; James R. & Gilda Anderson - Fort Lauderdale

Puppy mill - REPEAT OFFENDER

Suit alleges store sold sick pets

June 19, 2007

The U.S. Humane Society filed a class-action suit against Wizard of Claws on Monday, alleging the Pembroke Pines pet store, in violation of state laws, has defrauded customers by selling them sick animals with genetic diseases without full disclosure.

The suit filed in Broward County Circuit Court against the pet store and its owners, James and Gilda Anderson of Fort Lauderdale, alleges Wizard of Claws engages in unfair, deceptive and illegal trade practices. The suit charges that the store claims to sell animals from reputable breeders but the pets are in fact bred in "puppy mills,"commercial breeding facilities where they are kept in deplorable conditions, are poorly socialized and more prone to health problems.

James Anderson did not return calls from the South Florida Sun-Sentinel seeking comment.
Dozens of pets, which in many cases suffered from severe health problems and genetic defects, died shortly after they were brought to their new homes, according to the suit.

Plaintiffs include members of the Humane Society, in addition to 100 pet owners from throughout Florida and 13 other states who claim they spent hundreds or thousands of dollars on medical expenses.

Under state law, pet stores must reimburse consumers the costs of medical care for their pets if an animal dies or if a licensed vet finds it to be unfit because of illness, disease or parasites.
The suit is seeking unspecified damages for consumers who bought pets from the store.

"This case highlights a nationwide epidemic of greed and deception in the puppy mill industry," said Jonathan Lovvorn, chief attorney for the Humane Society. "Pet stores and dog dealers like Wizard of Claws reap huge profits by pushing sick and dying animals on the public every day."

Weil, Gotshal & Manges, a law firm with offices in Miami that worked closely with the Humane Society and its attorneys, spent months tracking down Wizard of Claws customers and documenting their experiences.

Controversial dog seller back in business — and in spotlight

09.02.13

“Wizard of Claws” dog seller James Anderson, who shut his business four years ago amid numerous allegations of wrongdoing and a lawsuit by the Florida Attorney General’s Office, is back in business in Fort Lauderdale under a new name and again is involved in a legal controversy.

Anderson’s new businesses, the Puppy Collection and the Teacup Puppies Store, are the target of a federal lawsuit alleging that he has engaged in unfair and deceptive trade practices.

Also, a former customer of Anderson’s claimed in an interview that Anderson stocks sick dogs.

Competitor Eleonora Bonfini sued Anderson recently, alleging he violated a permanent state injunction when he infringed on Bonfini’s federal trademarks, causing unfair competition.

In 2010, Anderson and his wife Gilda consented to a judgment and permanent injunction after the late Broward Circuit Court Judge Cheryl Aleman found that they and Wizard of Claws had violated state law by misrepresenting to customers the source, pedigree and adult size of their dogs. Many had bought puppies believing that they would stay “teacup-size” into adulthood.

Puppy mills
The Wizard of Claws case, highlighted by allegations that the pet store sold unhealthy dogs that were mass-produced at puppy mills, made headlines across South Florida.

The injunction was the end result of about 17 lawsuits filed against the Andersons, including suits brought by the attorney general and the Humane Society of the United States.

The Humane Society’s suit was the first of its kind in its history.

A year before the injunction was finalized, the Andersons filed for bankruptcy and the national Humane Society removed more than 30 puppies from their store.

The injunction ordered the Andersons not to use the words “teacup puppies” and “puppy boutique” or several variations of those names in any future businesses or websites.

Bonfini’s business, TeaCups, Puppies and Boutique, is at 9003 Taft St., Pembroke Pines. Her website is www.TeaCupsPuppies.com. She has registered the store’s name and a picture of a puppy sitting in a teacup as trademarks.

Anderson’s Teacup Puppies Store is located at 4001 N Federal Highway. His many websites include www.TeacupPuppiesBoutique.com, www.TeacupPuppiesStore.com, and www.PuppyBoutiqueStore.com.

Anderson also shows photographs of puppies sitting in teacups on one of his websites.

Anderson’s wife’ Gilda, is not connected with Anderson’s new business and is not being sued.

‘Sour apples’
Roberto Stanziale, Anderson’s attorney, said in an interview that the words and picture that Bonfini claims are hers couldn’t be trademarked because they are generic. The Fort Lauderdale attorney labeled the suit “sour apples” because Anderson “is very competitive in the market”

“Each one of those words is so pervasive in the industry that to say that they have exclusive use of those words is silly,” Stanziale said, adding that Anderson is in compliance with the injunction.

Bonfini’s attorney, Miriam Richter, said in an interview that in addition to the trademark infringements, Anderson is misleading customers into believing that are dealing with Bonfini’s company when they order dogs from him. Between 20 and 30 customers have complained recently to Bonfini about Anderson’s misrepresentation.

Richter said Bonfini noticed something was amiss during last Christmas’ shopping season when her business dropped by $50,000. Bonfini also heard reports about how Anderson was allegedly misrepresenting his store as her business.

Richter said several customers have given her client statements about the misrepresentation. Two women said they each deposited $2,000 with Anderson’s business to buy puppies after Anderson’s employees told them that they were at Bonfini’s store. After they realized that they had been misled, one woman stopped payment through her credit card company and the other woman demanded a refund from Anderson, Richter said.

Unhappy buyer
Morgan Rohrhofer purchased a Boston terrier puppy for more than $1,700 from Anderson’s store in May.

Within days of the purchase, the puppy got sick. A veterinarian diagnosed the puppy as having giardia, an intestinal parasite. Dogs become infected by coming in contact with contaminated food, soil, or water.

Rohrhofer sent Anderson an email to complain. “According to the vet he contracted the parasite from where he was picked up given the short amount of time between departure from Teacup Puppies and showing of symptoms,” she wrote.

Rohrhofer said in an interview that she spent nearly $400 in vet bills. Anderson’s business reimbursed her only more than $200. She said her now 5-month-old pup, Blake, is still ill and on medication.

Puppies at Anderson’s store were kept in cramped glass cages with three to six dogs per cage, she said,” she said. She saw the puppies “crapping on each other,” she said. “That’s how [Blake] got giardia…I’m so glad that I got him out of that situation. It’s so terrible.”

Rohrhofer said her Boston terrier came from RCW Kennels located in Elk City, Kan.

The Humane Society of the United States in a 2007 video report listed RCW Kennels as a puppy mill.

The puppies lived in “worn out wire cages exposing dogs to sharp edges,” the report stated, adding that a Kansas state inspector in 2006 reported that the “urine ammonia smell was so strong in an unventilated building that it burned her nose and eyes.”

The Florida injunction states that James and Gilda Anderson may not acquire animals from breeding facilities that they know “or have reason to know” that the animals were kept “in substandard conditions…”

Attorney Stanziale said his client does not buy puppies from suppliers who raise animals in substandard conditions.

“Mr. Anderson is under scrutiny every month about where he purchased the puppies,” he said. The injunction requires Anderson to report his business activities monthly to the state Attorney General’s Office.

Stanziale questioned the Humane Society’s objectivity in labeling RCW Kennels a puppy mill, claiming that the society “has its own interest.” He said the Humane Society wants to steer people to shelters and away from retail stores that sell “beautiful” dogs.

“There is no way in a million years you can sell thousands of puppies that one won’t be sick,” Stanziale argued. “Where would you want to buy a puppy? I would want to buy a puppy from a guy who is being monitored by the state of Florida.”

Molly McFarland, deputy press secretary for the Florida Attorney General, said in an email that her office is not investigating Anderson for any alleged injunction violations.

“Should consumers believe that this company and its owners are in violation of the injunction filed…under the previous administration, we encourage them to contact our office…,” she said.

CHARGES-CITATIONS


Anderson, James R.
Fort Lauderdale
1995-05-01
USDA Citation, USDA charges animal dealer under AWA
Anderson, James R.
Fort Lauderdale
1998-07-09
USDA Citation, AWA violations - USDA / APHIS
Anderson, James R
Pembroke Pines
2006-03-01
CONVICTED, Sick, puppy mill pups sold from pet store