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Case ID: 16117
Classification: Hoarding
Animal: cat, dog (non pit-bull), chicken, captive exotic, rodent/small mammal (pet)
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Attorneys/Judges
Prosecutor(s): Bill Gleason


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Over 50 animals seized from RV
Jefferson, TX (US)

Incident Date: Wednesday, Jan 27, 2010
County: Marion

Charges: Misdemeanor
Disposition: Alleged
Case Images: 1 files available

Alleged:
» Barbara Hoffman
» Fred Lulling

Case Updates: 1 update(s) available

Marion County's Sheriff's Office arrested Barbara Hoffman, 58, and Fred Lulling of Jefferson for six counts of animal cruelty January 27, 2010, after seizing more than 50 animals from their home.

"We have a warrant to seize the animals and a warrant to search the premises," said Marion County District Attorney Bill Gleason, adding they were also searching for any carcasses.

An entourage of about six state and county officials caravaned from the Marion County Courthouse to the property at 950 Lewis Chapel Road, taking all animals into custody.

Animals included 10 caged wild cats -- six tigers, one cougar, two black panthers and one spotted leopard -- and about 20 dogs, dozens of cats, reptiles, a diseased monkey, mice, eight chickens, geese, guinea pigs, six goats, miniature horses, Shetland ponies and a turkey to name a few.

"The USDA (United States Department of Agriculture) has been after them for a while," said Caroline Wedding, president of the Humane Society of Marion County. "She's been like the hoarders -- she moves on out. "In Marion County, we try to stop this," said Ms. Wedding.

Responding to the scene were the Texas Animal Health Commission, the Marion County District Attorney's Office, U.S Marshals Office, the Texas Game Warden, Waskom Police Department Reserves, Marion County Sheriff's Office, Humane Society of Marion County and Marshall Animal Control.

Marion County Sheriff Bill McKay said Ms. Hoffman, a former circus queen and deed owner of the property and animals, was harboring the animals illegally.

"She never requested a permit or applied for a permit," McKay said. "The sheriff's (office) is responsible for all wild animals. She never contacted my office about anything. She didn't follow proper procedures nor did she have the proper paperwork."

Gleason said, under the law, Ms. Hoffman can be cited for a Class C misdemeanor for not following regulations and sued by Marion County for fines up to $2,000 per day per animal.

"She is saying she was going to set up a refuge for the animals," Ms. Wedding said, expressing how hurt she was to see the animals residing in such unhealthy conditions.

The animals were found living in small cages in at least three RVs and semi-trailers that reeked of ammonia and urine.

"The right thing to do is not let these animals be living in these trailers," Ms. Wedding said.

Ms. Hoffman and Lulling seemed to be living in one of the RV trailers filled with about a dozen cats, a sugar glider, six doves, three guinea pigs, parrots, pigeons, a wallaby, turtles, tarantulas, a coatimundi, iguanas, four boa constrictors and mice in every room.

About 20 dogs and some mice occupied another trailer. Several other dogs -- including bald Chihuahuas -- sat shivering in an outdoors enclosure, wearing matted sweaters. A few other pooches remained chained to the back of a semi-trailer truck.

"She even has a raccoon," said Ms. Wedding. "That's against the law."

Marshall's Animal Control was on the scene assisting with the seizure, loading crates of animals into vans.

Ms. Hoffman, who is originally from Florida, was run out of Edingburg for the same thing -- her animals. She moved to Jefferson two weeks ago. Authorities learned of her animals after someone called with a complaint.

"We went out there Sunday night," McKay said, noting they've watched the place every day since.

Upon their arrival Wednesday, Lulling, who is said to be deaf, stood near the gate entrance, baffled at the raid.

"I do not know what is going on here," Lulling, Ms. Hoffman's business partner, said. "I have no idea what's happening." "What's happening," he inquired, requesting a sign language interpreter. "I don't know what I'm being charged with. No one has read me my rights. No one has told me a thing.

"All I know is an animal rights activist came here trying to look in my refrigerator, under my bed," he said. "I don't know what she's talking about. Where are my rights? This is private property. "Today, at 12:45, helicopters were circling overhead. Now, they're bringing in everybody. What am I doing? What is going on here?" he asked again, claiming he and Ms. Hoffman are a non-profit animal organization.

Ms. Wedding said the animals had borderline health issues and were living in unhealthy conditions. "They are being fed, but the situation is it takes a lot of food for these animals, but they do have to be fed properly," she said. She said the wild cats' confinement is cruelty.

"They should in no way be kept in this size confinement other than for transport," Ms. Wedding said. "She just basically set up shop here. We have a wildlife sanctuary where they'll be given the best of care."

Ms. Hoffman said her lion died of "stress" while in transport from Edingburg to Jefferson.

"It's nothing I can do about that," she said. "It's nothing I can do about a freeze, trying to keep animals warm in trailers. The semi caught fire on the way here. We were broke down -- $2,500 later, we fixed the semi. "On a final voyage, this was supposed to be my home -- my mom's home and Fred's home," she continued.

Ms. Hoffman considers herself an educator and said she had planned to educate youth about the animals or display them in an entertaining fashion. "What we wanted to do and what my husband and I have done over the years, before he passed away, was these educational things," she said. "We have costume characters of a horse, a tiger, a lion ... different things that we do to make it a fun experience. That way the children learn and remember it.

"We don't take tigers anywhere. This was supposed to be their home. They weren't supposed to leave this property -- ever. They were supposed to remain here in sanctuary.

"They'd given us the best of their lives. I wanted to give them something in return," she said. "That's one thing that's sad about the lion going because he really enjoyed being out."

Ms. Hoffman said the move to Jefferson was astronomical. "I have not even done my hair in three or four months, we've been so busy preparing for this move," she said. "I haven't slept since Sunday night, worrying about my animals and my life. This is concerning me," she added while sitting in a chair, watching authorities search the premises. "What happened to the welcome wagon lady? You know the one that brings you the brownies and say, 'Hey you wanna join the chamber? You want to be my friend?" Ms. Hoffman asked.

Ms. Wedding, the Humane Society's president, said officials' primary concern is the animals.

"In Marion County, when we see a situation where the animals need some help, we don't want to push this problem off on someone," Ms. Wedding said. "This is so sad."

A hearing is set for 11 a.m. on Thursday, Feb. 4, 2010.

Ms. Hoffman said she has contacted a lawyer.


Case Updates

Barbara Hoffman vowed last year to pack up and leave Edinburg for a city more appreciative of her menagerie of wild cats and other exotic animals.

Jefferson, Texas �" as it turns out �" wasn’t that place.

Two weeks after the retired circus performer moved her 60-animal collection into the rural town on the state’s border with Louisiana, authorities seized them all and placed her and her business partner under arrest on charges of animal cruelty.

Now, the fate of six tigers, three black leopards, one cougar, a wallaby, a monkey, and a host of cats, dogs, lizards, turtles and horses lies in a courtroom again.

"It’d be fine if she got all of her licenses," said Larry Nance, an investigator for the Marion County District Attorney’s Office. "But she just moved in here in the dead of night without the proper permits, and we’re not going to keep pushing this problem down the road."

In January 2009, Edinburg city officials gave Hoffman, 58, and partner Fred Lulling until the end of the year to remove their animals from an 8-acre tract of land just outside of city limits.

The business partners had failed to register the animals with the city, state or the U.S. Department of Agriculture, and they posed a danger to public safety, a city spokeswoman said at the time. The pair attempted to appeal that decision in court, but their lawsuit was thrown out after a judge found they had not filed it in a timely fashion.

But Hoffman �" who toured in a traveling circus act for more than two decades �" maintained she was more than capable of caring for such wild beasts and merely wanted to open an educational wildlife preserve for children and Winter Texans. She had previously kept them at the San Benito fairgrounds before Hurricane Dolly made the area unsafe, prompting her move to Hidalgo County.

"These aren’t pets," she told The Monitor last year. "They’re burdens. But they’re also something I’ve given my whole life to take care of, and I know what I’m doing with them."

Investigators in Marion County �" of which Jefferson is the county seat �" disagreed.

"We got a complaint from one of her neighbors saying they heard some roaring," said Nance, the district attorney’s investigator. "This was just down the road from a day care."

On Jan. 27, authorities from at least eight agencies raided Hoffman’s Jefferson property and found the animals in deplorable conditions, said Marion County Humane Society President Caroline Wedding, whose organization has taken temporary custody of the menagerie.

Several were kept in small cages inside three trailers that reeked of ammonia and urine. Hoffman and Lulling were living in one of the RVs along with about a dozen cats, a sugar glider, three guinea pigs, several birds, four boa constrictors and mice in every room, authorities said.

The duo’s collection of large cats remained housed in a group of travel trailers, but Hoffman told the Marshall News Messenger that her lion had died from "stress" en route from Edinburg.

"The tears running down our faces when we saw all those animals," Wedding said. "I don’t see how she lived in there with them, but I really don’t see how those animals were surviving."

A Marion County judge is expected to rule February 4, 2010 on whether to permanently take the animals away from Hoffman and Lulling, who remained jailed as of late Tuesday evening on $30,000 bonds.

While hopeful his client could beat the criminal charges, Lulling’s attorney Bruce Abraham all but conceded the fight for their animals was probably lost.

"Some people just don’t want big cats in their community," he said.
Source: The Herald News - February 2, 2010
Update posted on Feb 4, 2010 - 4:13AM 

References

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