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Case ID: 14292
Classification: Neglect / Abandonment
Animal: dog (non pit-bull)
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Attorneys/Judges
Prosecutor(s): Aaron Kunz
Defense(s): Art Langvardt




Over 20 dogs found dead in field
Grand Island, NE (US)

Incident Date: Thursday, Jul 31, 2008
County: Hall

Charges: Felony CTA
Disposition: Convicted

Defendants/Suspects:
» Denise Withee
» Roland Bowling - Dismissed

Case Updates: 10 update(s) available

Animal Control workers are calling it one of the most disturbing cases of animal cruelty they have ever seen. Nearly two dozen dogs were found dumped in a ditch and scattered around a field near Grand Island. Most were dead with a few clinging to life.

The dogs were found Thursday afternoon.

There were 23 in all including pugs, labradoodles, Chihuahuas and Yorkies.

When crews got to the scene a few of the dogs were still alive. But in the end none survived.

Down a quiet dirt road just outside Grand Island Animal Control is picking up the pieces.

"Something like this, it is terrible, hopefully we can find the person who did this and take care of it," Michael Valdez.

Animal control was called there Thursday after someone reported seeing dozens of dogs in a cornfield. They expected them to be alive.

"He called me 10 minutes later and told me to bring cadaver bags, so right there my stomach just dropped," said Jane Keuhn, Central Nebraska Humane Society.

"They were dead, there were 23 of them. We did send one to the hospital but it did not make it," Valdez said.

Animal Control and Humane Society officials said it is one of the worst cases of animal cruelty they have ever seen.

"Finding three alive makes me wonder how many more were alive and had to die like this," said Keuhn.

"Yeah, I was upset, very frustrated, angry," Valdez said.

Investigators found a syringe, some rubber gloves and newspaper at the scene. But they do not know if the items are connected.

They are also trying to determine how the dogs died and when they were dumped.

"We are not sure how long they were sitting out there before the person who found them saw them," said Valdez.

This is the second case of animal cruelty in two days.

Thursday, 70 dogs were rescued from poor conditions at a Frontier County home.

"Right now I am hoping it is just coincidence. We do not want to see a trend like this," said Keuhn.

"We always tell people if they cannot take care of their animals, bring them to us," said Valdez.

Officials said neglect and cruelty like this will not be tolerated. It is what they work day and night to try to prevent.

"I have worked here for 3 years not and I have never worked a case like this and I hope I never have to work a case like this again," said Keuhn.

Animal Control workers said some of the dogs were found in better shape than others. Many were underfed. One was pregnant. That dog died on the way to the vet. Officials said she would have given birth in just a couple weeks. The puppies could not be saved.


Case Updates

Animal rights supporters say the guilty verdict against a woman who dumped three dying dogs and 20 dead dogs in a cornfield near Grand Island sends a message about the seriousness of animal abuse.

"We were thrilled," said Carol Wheeler, director and founder of Hearts United for Animals in Auburn.

Wheeler and seven others with the no-kill dog shelter in the southeast Nebraska town attended the two-day trial of Denise K. Withee. They demonstrated outside the courthouse before sitting in on some of the testimony.

Withee, 46, of Hastings, formerly of Mapleton, Iowa, was found guilty Friday morning of three counts of felony cruel neglect of animals.

Wheeler said Withee's explanation of what happened was "bizarre" and "not at all believable."

Withee, the only witness for the defense, said she was taking 36 dogs from Mapleton, Iowa, to North Platte on July 31, 2008, to give them to a woman from Denver. The woman never showed up, so Withee headed home. She testified she was suffering from back and pancreas problems that caused her to become sick near Grand Island. She pulled over, turned her vehicle off, got out, vomited and passed out. She said she was out for over an hour and when she awoke, some of the dogs were dead. She said she attempted to resuscitate the animals and started to take them to a veterinarian but changed her mind when she realized she didn't have any money. Instead, she turned onto a gravel road in search of water to try to revive the dogs.

She testified she left 23 of the dogs she believed to be dead in the cornfield and even considered killing herself. Instead, she went to a Grand Island hotel with 13 living dogs.

The dead and dying dogs were discovered by a man working in the field. Five people testified three of the dogs were alive when they were found but died later.

A veterinarian testified Thursday that he did autopsies on four of the dead dogs and determined they likely died of heat exhaustion.

"Whatever was behind it, she shouldn't be allowed to have control over another living creature," Wheeler said.

She said the Hearts United for Animals group came to Grand Island to bring public attention to the trial and the issue of animal abuse.

Laurie Dethloff, Central Nebraska Humane Society executive director, also attended the trial. Like Wheeler, Dethloff was "thrilled and relieved" to hear of the convictions.

"They could see this was a clear case of neglect and abuse and they didn't listen to the smoke and mirrors," she said of the jury. "This is good news."

Dethloff said the trial brings to light Nebraska's limited laws on animal abuse. She would like to see a change in statutes to allow for more stringent charges in such cases, especially when they involve the dumping of dead animals.

"There are no repercussions for the others," she said of the 20 dead dogs that were found.

Of the 13 living dogs taken from Withee at a local hotel, three died and one pregnant dog lost her puppies. The remaining 10 dogs were all adopted, one by a person on the East Coast, she said.

"They are in good, happy, safe homes," Dethloff said.

She added that listening to Withee testify about not wanting to take the dogs to an animal shelter because they'd be killed was upsetting.

"It was very frustrating to listen to her excuse that once they come to a shelter, they'd be euthanized," she said. "That couldn't be further from the truth."

Dethloff said that animals are euthanized if they are sick or dangerous. There isn't a timeline for adoption and healthy animals won't be put down if they are considered adoptable.

The jury received the case at 5 p.m. Thursday and deliberated until 7:10. They resumed deliberation at 9 a.m. Friday and the decision was announced at 10:20. A presentence investigation was ordered and Withee's sentencing was scheduled for Sept. 24. She faces up to five years in prison and a $10,000 fine for each count.

Roland Bowling, also known as Ronald Lancaster, testified he planned to get medical help for Withee, who he said was suicidal, after the dogs were found in the field. He said he told authorities Withee was in Kansas when she was actually in Grand Island.

He pleaded no contest to two counts of misdemeanor false reporting, one of which was reduced from being an accessory to a felony. He's scheduled to be sentenced July 24.

A message left Friday at the office of Withee's attorney, Art Langvardt, wasn't immediately returned. Deputy Hall County Attorney Aaron Kunz wasn't available for comment following the verdict announcement.

In addition to the Hall County case, Withee faced animal abuse charges in Mapleton, Iowa.

Monona County, Iowa, Sheriff's Sgt. Roger Krohn said Withee agreed to pay the county $8,000 for the care of 15 dogs found on a farm and six dogs found in her home. He said he didn't know the status of the misdemeanor charges against her. A message left at the Monona County attorney's office wasn't immediately returned Friday.

Krohn said that, in addition to the animals found in Iowa, there was evidence at Withee's home that linked her to as many as 40 dogs.

Four of the seized dogs had to be put down immediately because of their poor health. Five more were taken to a vet who attempted to save them but failed. The remaining dogs recovered.

"These should have been felonies in Iowa," Krohn said. "It's sad to think that an agriculture state like Iowa doesn't have felonies for animal abuse. You can torture your dog once and it's a misdemeanor. If you're convicted and you torture your dog again, then its a felony. It's just sickening."
Source: Grand Island Independent - July 18, 2009
Update posted on Jul 20, 2009 - 9:08AM 
A Grand Island man accused of helping to dump nearly 2 dozen dead dogs in a field, did not show up for his sentencing Friday.

A bench warrant is now out for 51--year--old Roland Bowling.

He pled no contest to misdemeanor false reporting. He had been charged as an accessory to a felony, but that charge was dropped.

Authorities said Bowling helped an Iowa woman leave dead dogs in cornfield.

Denise Withee is charged with felony cruel neglect of animals.

Last July, 23 dogs were found dead or dying in a field in Grand Island.

Withee is scheduled for trial next month.
Source: KHAS - April 17, 2009
Update posted on Apr 19, 2009 - 11:48PM 
A pre-trial hearing was held Wednesday in Hall County, Nebraska for a Mapleton, Iowa woman accused of animal cruelty.

Denise Withee allegedly dumped at least 20 dead or dying dogs in a cornfield near Grand Island last July. The dogs died of dehydration, diseases and malnutrition.

A jury trial for Withee is scheduled to begin on April 22nd.
Source: wowt.com - Jan 30, 2009
Update posted on Jan 30, 2009 - 1:18PM 
Denise Withee has plead 'not guilty' to three counts of cruel neglect of animals.

With each count, Withee faces up to 5 years in jail and a $5,000 fine.

The charges stem from an August 1st incident, where 23 dogs were found dead or dying in a Grand Island cornfield.

Authorities linked the dogs to Withee through a microchip found in one of the animals.

Withee appeared for an arraignment in Hall County District Court Tuesday.

A pre-trial conference has been scheduled for January 28.

Her bond was continued.
Source: kolnkgin.com - Dec 3, 2008
Update posted on Dec 4, 2008 - 3:09PM 
A judge has amended the charges against an Iowa woman accused of dumping dead and dying dogs in a farm field near Grand Island.

Denise Withee, of Mapleton, Iowa, was originally charged with five counts of animal cruelty and animal abandonment. A judge on Wednesday amended the charges to three counts of cruel neglect.

On July 31, 23 dogs were found dead or dying in a cornfield. Thirteen more were taken from Withee when she was arrested at a motel on Aug. 2.

Withee is scheduled to appear in Hall County District Court on Dec. 2.
Source: KTTC - Nov 13, 2008
Update posted on Nov 13, 2008 - 9:35AM 
The preliminary hearing for an Iowa woman charged with leaving nearly two dozen dead and dying dogs in a cornfield near Grand Island has been continued.

Denise K. Withee, 45, of Mapleton, Iowa, is charged with five counts of felony cruel neglect of animals.

She was scheduled to be in Hall County Court today for a preliminary hearing, but the hearing has been continued to 3 p.m. Nov. 12.

On July 31, 23 dogs were found dead or dying in the cornfield and 13 more were taken from Withee when she was arrested at a local motel Aug. 2. The hotel room had been paid for by Roland Bowling, according to the Hall County Sheriff's Department.

Bowling, also known as Ronald Lancaster, 50, of 2534 W. North Front St., is charged with being an accessory to a felony and misdemeanor false reporting.

His trial is scheduled for January in Hall County District Court.
Source: The Grand Island Independent - Oct 29, 2008
Update posted on Oct 29, 2008 - 11:00PM 
A Grand Island man accused of being involved in the death of nearly dozen dogs said he is not guilty. Roland Bowling entered the plea Tuesday morning in Hall County District Court.

He is charged with being an accessory to a felony and providing false information to law enforcement. Bowling is associated with Denise Withee.

Withee is accused of dumping 23 dogs in this cornfield near Grand Island. Most were all ready dead. The only 3 alive died soon after being discovered.

Withee is charged with 5 counts of animal cruelty and animal abandonment.

She is scheduled to be back in court later this month.

Bowling will be back again in December.
Source: KHAS - Oct 21, 2008
Update posted on Nov 13, 2008 - 9:33AM 
A Grand Island, Nebraska, man accused of helping a western Iowa woman who allegedly dumped 23 dead and dying dogs in a Hall County farm field has been bound over to district court for an arraignment.

Roland Bowling is charged with felony accessory to a felony and misdemeanor false reporting for incidents that happened between July 31 and Aug. 2.

Denise Withee, of Mapleton, Iowa, is charged in Hall County with five counts of cruel neglect of animals.

During a hearing on Monday, Hall County sheriff's Capt. Jim Castleberry testified Bowling lied to authorities and paid for a hotel room for Withee.

Bowling's arraignment is set for Oct. 21.

Withee's preliminary hearing is Oct. 30.
Source: KTIV - Oct 7, 2008
Update posted on Oct 7, 2008 - 10:49PM 
The woman accused in the deaths of 23 dogs near Grand Island was booked into the Hall County Jail on Monday.

Denise K. Withee, 46, of Mapleton, Iowa, had been undergoing mental evaluation in Hastings.

Hall County Chief Deputy Sheriff Chris Rea said Withee was booked into the jail on three counts of animal neglect resulting in death, which are Class 4 felonies.

No charges had been filed as of this afternoon, however.

Withee is expected to be arraigned in Hall County Court at 11 a.m. Tuesday.

She was arrested in Grand Island on Aug. 2 after 20 dead dogs were found in a cornfield outside town. Three additional dogs that were found in the field died shortly after they were discovered.

Rea said previously that the dogs were various small breeds and none of them were puppies. It appears that they died of dehydration and heat exhaustion, but tests were being done on tissue samples.

A syringe without a needle was also found in the cornfield.

Authorities said that, when Withee was arrested, she had 13 additional dogs in her possession. The surviving dogs are being cared for by the Central Nebraska Humane Society.

Roland G. Bowling, also known as Ronald Lancaster, 50, of 2534 W. North Front St., has been charged with being an accessory to a felony and providing false information to law enforcement officials in the case. He's being held in the Hall County Jail and is scheduled for a preliminary hearing on Oct. 6.

Withee is facing additional charges in Iowa for 20 dogs that were found running at large and 27 more dogs that were found in two separate homes in Monona County, Iowa, said Sgt. Roger Krohn of the Monona County Sheriff's Department.

Mapleton is in Monona County.

According to the Associated Press, some of those dogs were in such poor condition that they had to be euthanized.

Krohn said, for "all intents and purposes," Withee had been charged in Iowa. He is meeting with the county attorney there on Tuesday to determine how many charges of misdemeanor animal abandonment and neglect will be filed.

"If I have my way, it will be more than 20," he said.
Source: The Independent - Aug 11, 2008
Update posted on Aug 11, 2008 - 6:15PM 
45 year-old Denise Withee of Mapleton, Iowa will face charges as soon as Thursday for animal abuse and abandonment after being accused of breeding dogs and then dumping them on the side of the road.

She's looking at more than 20 counts of animal abuse and abandonment, which in Iowa are not felonies, but rather misdemeanors.

On July 27th, Monona County, IA, investigators rounded up nearly 40 dogs that were wandering around the area. The dogs were later linked to Withee through microchip technology. Authorities say some of the dogs had to be put down because of bad health. Five of the abandoned dogs are now being cared for at the Animal Control in South Sioux City, NE. An additional five are at the Siouxland Humane Society and 12 are at Sioux City's Animal Control. The director at Sioux City's Animal Control, Cindy Rarrat, says they received small and large dogs including Cockapoos and Wheaton Terriers. They've been cleaned up and vaccinated but Rarrat says when she got them they were infested with fleas and lice, dirty with matted fur and had soars all over their bodies.

"They're lovely dogs. None of them have given us any problems. Their temperaments are wonderful. They're so thankful to have something, so they've been absolutely wonderful for us," says Cindy Rarrat.

Withee also faces felony animal abuse charges in Hall County, Nebraska where she's accused of dumping nearly 30 more dogs, 23 of which were found dead.
Source: KPTH - Aug 6, 2008
Update posted on Aug 6, 2008 - 10:07PM 

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