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261 Dogs Seized From Polk City Couple
May 27, 2010
Joe Morgan with the Humane Society of Polk County, from left, and Neon Mauldin with the SPCA in Lakeland hold dogs as Deborah Fuller, animal care technician, examines them at the Polk Sheriff's Office Animal Control in Winter Haven on Thursday.
POLK CITY | Deputies took custody of 261 dogs Thursday - the largest seizure in Polk County history - and arrested the owners of a Polk City non-profit dog rescue organization on animal cruelty charges.
Chuck and Diane O'Malley, who operate Mid-Florida Retriever Rescue Inc. at 15195 Angus Road were booked into the Polk County Jail with bail set at $130,500 each. Each was charged with 261 counts of animal cruelty.
Sheriff's deputies were called anonymously Wednesday by someone who complained about the condition of the dogs and the environment they were living in, Polk Sheriff Grady Judd said.
"What we found was absolutely startling," he said.
When agricultural and animal control deputies arrived at the home Wednesday, they were greeted by a herd of emaciated dogs inside and outside the house, officials said.
Judd said the deputies asked to check on the well-being of the dogs, and the O'Malleys were "very reluctant" to let them into the home.
When deputies entered, they were met by the stench of urine and feces, officials said. The smell was so pungent, some officers chose to wear gas masks or other coverings over their faces.
Once inside, the dogs in the home stampeded the deputies, Judd said. And some were unfriendly, biting the deputies several times and forcing them back outside.
The O'Malleys agreed to bring the dogs out one at a time for inspection.
After viewing 117 dogs, the O'Malleys were advised by their lawyer, whose name was not immediately available, to make the deputies get a search warrant if they wanted to inspect more, the Sheriff's Office said.
When they did, the deputies found a 3,000-square-foot home that appeared to have been severely damaged by the presence of so many dogs, according to the Sheriff's Office.
The bed in the master bedroom was so tattered, springs in the mattress were exposed. Sheriff's officials said furniture was piled up, along with numerous dog cages, and dirt and feces were on the walls and floors.
"If they wanted to live in that house that's their business," Judd said. "The house wasn't fit for humans or dogs."
According to its website, Mid-Florida Retriever Rescue is a nonprofit organization that places "purebred Labrador retrievers and other working dogs in loving, permanent homes."
The dogs seized between Wednesday night and early Thursday were of a variety of breeds and were being examined by veterinarians. By Thursday afternoon, about 100 of the dogs had been examined. None were euthanized.
One dog died while deputies were seizing the animals.
Dr. Joseph Ertel said all the dogs were infested with fleas, and most had some form of dermatitis. Others were found to have hookworm or whipworm or were in need of dental care.
Many of the dogs appeared to be severely underfed and had lost significant muscle mass.
"We are treating everything we are finding," Ertel said. "If this continued, they would lose their life."
The case was shocking for animal control deputies, who knew the couple from their work with the rescue group and numerous adoptions of animals from the animal control facility.
A man who said in an e-mail to The Ledger that he has fostered dogs for the O'Malleys defended the couple.
David Lundeen said in the e-mail that while he was surprised at the number of dogs found at the home, the couple's hearts were in the right place.
"These are good people, with good intentions, who have helped rescue and place hundreds of dogs a year throughout Central Florida," Lundeen wrote.
He said the dogs he fostered had received veterinary care.
"I know they have worked tirelessly to care for and feed the dogs they had in their possession," Lundeen's e-mail said.
Judd said the seizure of 261 dogs is having an impact on the county animal control facility. Donations of blankets or food by the public can help.
Sheriff's Office lawyers will prepare court documents to take possession of the animals.
Adoptions of the animals won't happen until a judge rules on the custody of the dogs in the case. But Judd said there are many other dogs at the facility that can be adopted now and are in need of homes.
261 dogs confiscated from Polk rescue organization
May 27, 2010
LAKELAND - Dog rescue groups are known as havens of safety, companionship and love for unwanted dogs.
But authorities said a local organization's mission went awry and the dogs were found extremely underweight and with visible ribs, pelvic bones and vertebrae.
The Polk County Sheriff's Office confiscated 261 dogs on Thursday from the home of Diane and husband Charles "Chuck" O'Malley, who ran the Mid-Florida Retriever Rescue out of their house, 15195 Angus Road, Polk City.
They were each charged with 261 counts of animal cruelty and are being held at Polk County Jail with bail set at more than $100,000 for each.
"These animals have been neglected, mistreated and were living in deplorable conditions." said Sheriff Grady Judd.
The sheriff's office received an anonymous tip Wednesday afternoon that the O'Malleys had about 100 dogs that were being neglected.
An employee with the sheriff's Polk County Animal Control went to the home and noticed there wasn't enough food or water for the number of dogs at their property. The officer asked to see the dogs.
The O'Malleys wouldn't allow officials into the home, but they brought dogs out one at a time to be inspected.
Around midnight, after showing 117 dogs, they said they wouldn't continue to cooperate, said Carrie Eleazer, a sheriff's office spokeswoman.
Deputies served a search warrant around 2 a.m. Thursday to remove the rest of the dogs. By 7 a.m., the sheriff's office had seized all 261 dogs, which were taken to Polk County Animal Control to be treated and registered.
Of the 261 dogs, 35 are puppies. The dog breeds include Labradors, golden retrievers, Labrador mixes, great Danes, cattle dogs, Sharpei, Dalmations, shepherd mixes, bulldogs and Belgian malinois.
The dogs had a run of the 3,000-square-foot home and 5 -acre property. They were found in closets, bathrooms, bedrooms, porches and the kitchen. The dogs had chewed the stuffing of the couch and mattress, Eleazer said.
The home had a strong smell of urine and feces. Deputies had to wear gas masks while removing dogs. Two deputies were bitten by dogs during the investigation, Eleazer said.
About 100 dogs had been examined by Joe Ertel, the veterinarian with animal control, and he found them to be malnourished and flea-infested. The dogs also had parasites and tartar on their teeth. Several of the dogs had not been neutered or spayed, which is against the policy of rescue organizations, Eleazer said.
"The irony of it is, the O'Malleys state on their Web site that they do home visits to ensure you have adequate living conditions before they'll adopt one of their dogs to you," Judd said.
The Facebook page for Mid-Florida Retriever Rescue said the nonprofit was founded in 2005. The page also states that the organization is dedicated to placing "Labrador retrievers and other working dogs in loving permanent homes."
The organization's website asks that those wishing to adopt be serious and committed. It also asks that potential adopters meet them in a location in Lakeland or Orlando.
Eleazer said the sheriff's office had never received a complaint about the O'Malleys or the organization.
Diane, 52, and Charles, 54, moved to the area several years ago.
Neighbors Jim and Cindy Tergliafera said they have known the O'Malleys for about two years. They considered them wonderful, genuine people who seemed to care for their dogs.
Although they never visited inside the home or in the backyard, they said it was common to see Charles walking a dog day or night. They also saw Diane taking care of the dogs. The dogs all appeared in good condition, according to the couple.
Jim Tergliafera said he would see Charles on a regular basis drive home with a van filled with dog food.
Cindy Tergliafera added that their rural community is an area where people drop off their unwanted dogs and wonders whether the O'Malleys may have been overwhelmed trying to assist the animals they love.
"I can't imagine - having talked to these people - there was any malicious intent of any kind," she said. "These were true dog lovers."
Ertel indicated that all the dogs he has examined should make a full recovery, Eleazer said.
The sheriff's office has acquired temporary custody of all the dogs. It will petition the courts to get full custody of the dogs and then offer them for adoption, Eleazer said.
PCSO Animal Control Seizes 261 Dogs From Mid-Florida Retriever Rescue, Inc.
May 31, 2010
Polk County Sheriff’s Animal Control Officers and Agricultural Crimes deputies arrested a husband and wife today, Thursday, May 27, 2010 – Charles “Chuck” O’Malley and Diane O’Malley, of 15195 Angus Road in Polk City - and charged them both with 261 counts each Animal Cruelty, after investigation revealed they were neglecting dogs they had in their home and on their property, also known as Mid-Florida Retriever Rescue, Inc. The dogs are malnourished, infested with fleas and parasites, and in very poor health.
The investigation began around 1:35 p.m. on Wednesday, May 26, 2010, when PCSO Animal Control received an anonymous tip that Mid-Florida Retriever Rescue, Inc., a 501(c)3 organization located at 15195 Angus Road in Polk City, had approximately 100 dogs that were being neglected.
According to the affidavit (see attached) an Animal Control supervisor responded to the scene and noted there was not enough food or water present for the number of dogs she located on-scene. She then requested to see each of the dogs to ensure they were healthy. At first the O’Malleys were cooperative and brought out 117 dogs, one-by-one, to be seen by Animal Control Officers and Agricultural Crimes deputies. However, as the evening approached, the O’Malleys ceased cooperating with Animal Control, and deputies had to serve a search warrant to remove the rest of the neglected dogs from their home. By 7:00 a.m. on Thursday, May 27th, all 261 dogs were seized and brought to Animal Control to be treated and catalogued as evidence in the case.
According to the affidavit, there were dogs in every room of the house, to include closets, bathrooms, bedrooms, the kitchen, porches, etc. Bare concrete floors of the home were visible and the odor of urine and feces was so strong, deputies had to wear gas masks while removing the dogs.
Several of the dogs showed signs of aggressive behavior – two deputies were bitten by dogs during this investigation.
Dr. Joe Ertel, DVM, PCSO Animal Control veterinarian, is still examining all of the dogs, assisted by local veterinarians who responded to Animal Control to help. So far, of the dogs he has examined, nearly 100% of them are flea-infested, have parasites (such as hookworm), are malnourished, and have tartar build-up on their teeth.
Of the 261 dogs seized, which are of various breeds, 35 of them are puppies. Some of the breeds noted are: Labradors, Golden Retrievers, Lab mixes, Great Danes, Cattle Dogs, Sharpei, Dalmations, Shepherd mixes, Bulldog, Belgian Malinois. Several of the dogs have not been neutered or spayed, which is against rescue organization policy.
“These animals have been neglected, mistreated, and were living in deplorable conditions not even fit for humans,” said Sheriff Grady Judd. “The irony of it is, the O’Malleys state on their website that they do home visits to ensure you have adequate living conditions before they’ll adopt one of their dogs to you.”
Polk County couple on trial for animal cruelty
January 16, 2013
BARTOW, Florida (AP) - A jury began hearing testimony in the trial of a Polk City couple accused of animal cruelty in the single largest animal seizure case in Sheriff's Office history.
The Lakeland Ledger reports that the trial continued Wednesday.
Prosecutors say Charles and Diane O'Malley were trying to care for hundreds of unwanted dogs at their home, but their conduct became criminal when the task proved too much for them.
During opening statements, prosecutors told jurors that deputies and animal control officers responded to an anonymous tip on May 26, 2010, and found 261 dogs living in poor conditions.
Their lawyer says the dogs weren't mistreated and that prosecutors retreated from the original charges because deputies failed to conduct a proper investigation.
O'Malleys Found Guilty of Animal Cruelty, Given 1-Year Probation
January 19, 2013
BARTOW | A jury found a Polk City couple guilty Friday on animal cruelty charges stemming from the largest animal seizure case in the history of the Polk County Sheriff's Office.
Instead, the judge ordered the O'Malleys to serve a year of probation with the condition that they not possess any animals — except for one bull named "Bob" that has been allowed to live on their property while the criminal case has been pending.
The judge also ordered that the couple undergo mental health evaluations and follow any recommended treatment.
Bennett agreed to withhold adjudication, meaning the O'Malleys will not have a criminal conviction on their records.
During Friday's closing arguments, Mitchell Ladner, a lawyer representing the O'Malleys, insisted his clients weren't criminals, but good people who were trying to find new owners for abused, neglected, sick and unwanted dogs so the animals wouldn't be euthanized.
Over the years, the O'Malleys found homes for more than 700 dogs, according to court testimony.
"What they are guilty of is compassion," Ladner told jurors. "They may not get the award from Better Homes and Gardens."
The couple were basically living in a "doghouse" because they let dogs freely roam throughout their home, and it would get dirty, he said.
However, they tended faithfully to the dogs' needs and developed a daily routine to care for them, Ladner said.
"These people were tending to the medical needs of these dogs," he said. "These people were housing the dogs, feeding the dogs, (and) watering the dogs. They even played with the dogs."
Charles O'Malley testified that he and his wife paid for expensive treatments from specialists to address serious health problems in some dogs.
"We felt it was the true and ethical thing to do," he said.
Ladner criticized the Polk County Sheriff's Office and Animal Control for not conducting a thorough investigation. He said they didn't question the O'Malleys about how they took care of the dogs, but made a hasty decision to seize all of the dogs without giving them time to correct any deficiencies at the rescue.
Earlier this week, the judge agreed that the investigation was virtually nonexistent, but ruled that there was enough evidence for jurors to consider.
A hearing will be held later this month to determine whether the O'Malleys must pay any investigative costs.
All the dogs seized were sent to A New Beginning Pet Rescue, which has found homes for all but 35 of them.