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Former Deputy Sheriff Enters Plea in Animal Shooting Case

(Boise) – Former Teton County Sheriff’s Deputy Joseph Gutierrez pleaded guilty today to a misdemeanor charge of trespassing, in violation of Idaho Code § 18-7008(10). The charge stems from a November 12, 2007 incident in which Gutierrez, while investigating a citizen’s complaint of a vicious dog, shot and wounded a dog owned by Leo Barboza of Felt, Idaho.

By pleading guilty, Gutierrez admitted that he violated Idaho Code § 18-7008(10), which prohibits “entering the property of another and, being unprovoked, intentionally and without the consent of the animal’s owner, kills or injures a domestic animal not his own.”

Gutierrez entered his plea in Teton County Magistrate Court in Driggs, pursuant to a plea agreement. Magistrate Judge Colin Luke sentenced Gutierrez to 30 days in jail, with 25 days suspended and 5 days on the sheriff’s inmate labor detail. The court also required Gutierrez to pay a $100 fine and serve 6 months of unsupervised probation. The court granted a withheld judgment.

The Attorney General’s Special Prosecutions Unit handled the case at the request of former Teton County Prosecuting Attorney Bart Birch.

Animal Welfare Advocates Support Cruelty Bill

Dr. Jeff Rosenthal, Director of the Idaho Humane Society said:
"Under current Idaho law the cost to care for neglected animals taken from their owners falls to the local agency or shelter until the case goes to trial. In some cases that process can take months before being resolved.

With help from state lawmakers the Humane Society wants to shift that financial accountability back onto the owner, in hopes of speeding up the hearing process and limiting the amount of money local agencies have to pay."

Financial accountability to the owner is fine if the private corporations are working within the law. Animal owners should not be guilty until they had their day in court.

Take a minute and let your elected officials hear your opinions.
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FDA Probes Tainted Pet Food

Diamond Pet Foods on Tuesday recalled 19 dog and cat foods made in its Gaston, S.C., plant after discovering a toxin caused by a fungus that grows on corn, an ingredient of the food. The contaminant, aflatoxin, causes liver failure.

Aflatoxin is the most common toxin formed by mold. Because it's so prevalent, the N.C. Department of Agriculture & Consumer Services says, all corn and corn products from processors are checked monthly.

Sheriff's office seizes 86 horses, citing starvation, neglect

01/2005: Idaho Humane Society and sheriff's officials describe the animals' condition as shocking and "pitiful," but the rancher says most of the horses are healthy and he vows to get them back.

Update 11/2005:
  • The Idaho Humane Society, Inc., and the Gem County spent more than $100,000.00 of taxpayer dollars to care and feed 10 neglected horses for 8 ½ months.
  • Gem County court dropped all charges against Paul Shay.

Rescued Horses Find New Homes

On April 1, Rosie was one of 58 horses rescued from a Meridian pasture. Many of the starving horses, including Rosie, were rated at 11/2 on a scale veterinarians use to rate an equine's physical condition.

Thirty-two Horses and Five Donkeys were Seized

Wednesday, October 6, 2004 thirty-two horses and five donkeys were seized from a rural Elmore County residence at Tipanuk, with the owners charged with permitting the animals to go without care. The animals were taken to the Idaho Humane Society shelter in Boise and later put up for adoption.

Elmore County authorities usually try to work with individuals they investigate for possible animal abuse. "The protocol is usually to give them 30-60 days to bring up the body scores to acceptable levels," Barclay said, noting that if properly fed, a malnourished horse can usually recover one score point every 30 days.

OCTOBER 25, 2004 Elmore County Commissioners met in regular session

Sheriff Layher stated that the horses seized and taken to the Humane Society in Boise was going to prove costly to Elmore County, a bill for $6,600.00 from the Humane Society will probably be coming for costs involved in caring for the horses.

Researchers from CDC find additional cat-related Salmonella cases

Four more Salmonella cases associated with kittens and cats from the Idaho Humane Society have been identified in the community, bringing the total to 10. Health officials from Central District Health Department (CDHD) are reminding people to wash their hands after handling pets and before preparing food.

In Ada County, the 10 confirmed human cases of Salmonella Typhimurium are among people who had previous contact with Idaho Humane Society cats between December 2003 and mid-January 2004. Because outbreaks such as this have occurred in other areas of the country, the Centers for Disease Control and Prevention (CDC) in Atlanta, Ga., has sent a group of veterinarians to Boise to research the situation.

Recently, 10 cases of human salmonella infection were reported in the Treasure Valley area. The bacteria was linked to kittens and cats from an Idaho Humane Society kennel.

Boise Town Square has been charged 6 times

[From an article by Lindie Patton for KBCI 2 Boise, April 8, 2005]
Since September of 2004, Pet City in the Boise Town Square has been charged 6 times with animal cruelty by the local Humane Society. The charges include accumulated waste in the cages, inappropriate caging and overcrowding, and lack of food and water. The latest charge was on April 1, 2005, several months after the Humane Society warned Pet City the animals would be impounded if better care was not provided. Pet City is owned by Ron Hope.

Forty-nine confirmed cases of human illness

An outbreak of Salmonella in Idaho Humane Society cats resulted in closure of our cattery for 3 weeks in February. Forty-nine confirmed cases of human illness were traced to contact with cats originating at the Idaho Humane Society.

Outbreaks of Multidrug-Resistant Salmonella Typhimurium Associated With Veterinary Facilities ---Idaho 1999

CDC received reports in 1999 from three state health departments of outbreaks of multidrug-resistant Salmonella serotype Typhimurium infections in employees and clients of small animal veterinary clinics and an animal shelter. Salmonella infections usually are acquired by eating contaminated food; however, direct contact with infected animals, including dogs and cats, also can result in exposure and infection (1). This report summarizes clinical and epidemiologic data about these outbreaks and reviews methods of reducing the likelihood of Salmonella transmission in veterinary settings by avoiding fecal-oral contact.

During September--October, the Idaho Department of Health and Welfare identified through routine surveillance an outbreak of Salmonella infections among employees of a small animal veterinary clinic; 10 of 20 persons had abdominal cramps and diarrhea, and two of the 10 had bloody diarrhea. The median age of the ill persons was 31 years (range: 19--44 years), the median duration of illness was 7 days (range: 4--12 days), and four persons sought medical care. The index patient reported caring for several kittens with diarrhea 1 or 2 days before illness onset; stool specimens were not cultured and the kittens died. All 10 ill employees ate meals in the clinic and had no common exposures outside the clinic. Stool specimens from five ill employees yielded S. Typhimurium. All isolates were indistinguishable by pulsed-field gel electrophoresis (PFGE); reacted to phage but did not conform to a definitive phage type; and were resistant to ampicillin, ceftriaxone, cephalothin, chloramphenicol, clavulanic acid/amoxicillin, gentamicin, kanamycin, streptomycin, sulfamethoxazole, and tetracycline.

Humane Society of the United, Jan 3 2002

Humane Society of the United, Jan 3 2002 States only spending a miniscule amount of their annual income on Shelter related activities for animals.

The Financials:
In FY 2000 the HSUS received in Revenue, $65,528,552 from contributions, grants, bequest, investment income, sale of literature, plus transfer of net assets released from restrictions.

They spent it as follows:
$16,022,486 on Animal Protection Programs including membership info and publications, and public education. (No shelter related expenses here, only communications.)

$4,236,509 on Cruelty investigations

$7,623,999 on Wildlife, animal-habitat, and sheltering programs. (likely location of all shelter and wildlife habitat spending.)

$2,883,501 on Youth and Higher Education Programs

$2,063,233 on Legal Assistance, Litigation, Legislation, and Govt Relations

$1,705,846 on Animal Research issues and bioethics and farm animals

$4,661,450 on Managment, Salaries, and General

$844,500 on Membership Development (recruiting, etc...)

$16,865,282 on Fundraising

$8,622,053 back into investments. They lost $4,092,219 on investments for a net increase in Assets of $4,529,834.

To summarize:

11.634% of FY'2000 revenue went to Habitat Improvement and Shelter Related Activities.

25.737% went to Fund Raising

7.114% went to salaries and administration

13.157% went to investments

42.358% (the remainder) went to litigation, communications, education, etc...

Who holds our local humane shelters accountable for the revenue received from cities, counties, animal fees and your donations?









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If you have suggestions to help pets or pet owners affected by code enforcement officers or just a story to share drop me a comment at

**Disclaimer: Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality or State. Humane Society provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken.**

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