Wednesday, June 13, 2007

400 hours of community service ordered in animal cruelty case

Jackie Schlotfeldt News-Bulletin Staff Writer; jschlotfeldt@news-bulletin.com

A woman convicted of 15 counts of misdemeanor animal cruelty charges was sentenced by Magistrate John "Buddy" Sanchez Tuesday morning.

Joy Herbain of Highland Meadows was sentenced to 364 days in the county jail with all but 15 days suspended, $2,125.62 in restitution for veterinarian bills, 400 hours of community service to Valencia County Animal Control and five years probation.

Herbain was convicted in May after an animal control officer testified to the "unhealthy living conditions" where more than 12 dachshunds were being kept.

Animal Control Officer John Jaramillo said he received a tip from an anonymous caller who reported hearing several dogs in a metal building.

Upon investigation, Jaramillo said he found more than a dozen dachshunds in what he described as unhealthy living conditions. He said several of the dogs had litters of puppies, and three dead animals, including one dead rat, were found in a cage.

Herbain did release 11 of the animals to Jaramillo, and she was allowed to keep those that were kept in her home.

During her trial, Herbain told Sanchez that she had been having a hard time in the past few months caring for the animals that she bred and sold. She testified that her husband had passed away in November and she had been working two jobs to make ends meet.

At Herbain's sentencing, Sanchez said her case was a little different since her husband had passed away.

Nevertheless, Herbain is to serve no less than 400 hours of community service, pay restitution and spend 15 days in the county jail.

Sanchez said she could serve her time on weekends, and although she will have to spend the night in jail, Animal Control Officers could pick her up in the morning and take her over to the animal control department to work as part of her community service hours.

Sanchez also informed Herbain that if she planned to move she would have to inform the courts so the jurisdiction she was moving to could be made aware of her sentence.

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