A Canine Gem operator put on probation, ordered to pay $15K in restitution

Yahoo

30-01-2025

PLATTSBURGH — Hilary A. Davis, the operator of former animal rescue A Canine Gem in Beekmantown, which 49 dogs were seized from in February 2024 due to poor conditions, was sentenced Wednesday for five charges relating to the incident.
Davis was given probation and must pay fines and restitution, but she avoided prison time.
DOG HEALTH ISSUES
The charges stem from her mistreatment of dozens of dogs at her animal rescue facility, A Canine Gem, at 30 Ashley Road in Beekmantown. After receiving complaints about the condition of the dogs at that location, the Clinton County Sheriff's Department seized 49 of them Feb. 26, 2024.
Following the seizure, the dogs were temporarily housed at the Clinton County Jail in a cell pod that was not being used for inmates while they recovered from a variety of health issues.
While the condition of each dog varied, many were reportedly found malnourished and crammed into small cages with bare cement floors, causing several to have injuries and issues to their paws.
According to veterinary evaluation documents, other health issues found in the dogs ranged from emaciation, respiratory infections, hair loss, wounds, eye infections, umbilical hernia, ear mites, heartworm symptoms and heart murmurs to overgrown nails, dehydration, dermatitis, dental problems, matted coats, smelling of urine and happy tail.
Two of the 49 dogs eventually had to be put down — one due to a heartworm ailment, the other due to a throat tumor — the rest have since been adopted out.
After several court appearances in Beekmantown Justice Court last year, Davis's case made its way to Clinton County Court in November of 2024, where she pleaded guilty to one charge of second degree forgery, a felony, and four charges of overdriving, torturing and injuring animals, (failure to provide proper sustenance) under Agriculture and Markets Law section 353, all misdemeanors.
Since then, a negotiated plea agreement between Davis, her attorney Nicholas Evanovich of LaMarche Safranko Law in Plattsburgh, and the Clinton County District Attorney's Office was reached.
DEAL REACHED
In county court Wednesday, Judge William Favreau agreed to go along with the terms of that plea and sentenced Davis to a five-year felony term probation, a $5,000 fine, — the maximum allowed by law — a mandatory $300 surcharge, $50 DNA fee and a $25 crime victim fee for the felony charge.
Favreau also ordered Davis to pay a $12,000 restitution to Elmore SPCA for the shelter's role in taking care of the 49 dogs when they were seized, with $7,500 to be paid that same day, and a $3,000 restitution fee to the Clinton County Sheriff's Office.
'Those are agreed upon amounts,' Favreau said.
'The actual cost to those agencies, just in terms of the stress upon the sheriff's department and Elmore SPCA, far outweighed those numbers for restitution.'
A 10-year prohibition on owning, harboring or having custody or control of any animals, with the exception of her 12 companion animals she already has, was imposed on Davis as well. The prohibition also includes the breeding of animals Davis has been allowed to own, Favreau said.
Additionally, Elmore SPCA leadership requested a provision in the prohibition that says Davis must provide proof of proper care for the animals she owns, including proof of spaying/neuter certificates, vaccinations records, tests for diseases and any other medical forms that could be requested by the Probation Department. Favreau granted that request.
For the four misdemeanors, Favreau imposed a three-year misdemeanor term probation for each charge; these probation terms will run concurrent to the five-year probation.
ELMORE CONCERNS
Ahead of sentencing, assistant district attorney Kurt Reh had read a victim impact statement on behalf of Elmore SPCA's Executive Director Becki Moss-Patnode.
In the statement, Moss-Patnode said how she wanted to be a voice for the voiceless — the dogs — and detailed how tough the first hours and days were for them after being rescued.
'The eyes of these dogs had no sparkle to them, their bodies struggled for energy,' she wrote.
'However, within days of being with us, those ravenous dogs started to realize that food was coming. Instead of frantic and panicked barking, there was silence and they started calmly lying by their doors for us to come around with their breakfast and dinners. We vaccinated them and began treatment for their illnesses, parasites that plagued them. Their bodies had changed. They gained weight, and their fur started to shine. They became playful, and that glow slowly but surely returned to their eyes.'
Davis also spoke on her own behalf before sentencing and called the incident a 'sad situation I'm very sorry for.'
'I'm an honest person with no criminal record, not even a traffic ticket in the last 20 years,' she said.
'This situation is a very sad one for all involved, and I'm truly sorry for this. I have tried very hard to be a pillar in this community.'
An emotional Davis said she has been in the animal rescue business since December of 1996 and helped find homes for 'over 15,000' animals including dogs, cats and horses.
'Saving animals has been a passion of mine for most of my adulthood,' she said.
JUDGE COMMENTS
However, Davis's statement did not seem to move Favreau, who said 'I don't know how to take those comments, Ms. Davis.'
'If you were that good at what you were doing for so many years, since 1996 to this event in 2024, how could it go so sideways? Unless, throughout those years, there were many other animals that suffered,' he continued.
'Anyone who cares for animals, it's impossible to understand how they could let it get so far out of control. This really affected the community and a lot of people, who have their own pets, pet lovers, were shocked at the sheer number of animals who had to be rescued from your own rescue operation.'
After Davis's court appearance was over, Moss-Patnode said they were happy to get $12,000 in restitution but added the costs of care far exceeded that amount.
Of the punishments handed down, Moss-Patnode said, 'Unfortunately, New York state law really doesn't take animal cruelty seriously, so until those laws change, I don't think much will change.'
'So we're happy with what we could get, and that there is a felony charge involved in any animal cruelty case.'
LESSONS
Moss-Patnode questioned whether or not Davis had learned a lesson from the situation.
'Honestly, I really question whether or not she was in rescuing for the right reasons, and I am hesitant to say that she feels the remorse that she claims that she does,' she said.
'Typically, with experience comes greater knowledge of what you're doing. So the fact that she's been doing this since the '90s, and this was the outcome of all of it, is definitely concerning.'
Moss-Patnode remains concerned, as well, about Davis's 12 dogs she was allowed to keep.
'Especially since comments were made that she has dogs that are too young to be spayed and neutered, that concerns me,' she said.
'Do I think she probably takes care of her own dogs? Yeah, I do believe that she probably loves her own dogs, but I am always concerned that additional sales or adoptions will happen through her.'
Davis's request for an interstate transfer to Georgia has raised alarm bells for Moss-Patnode and Elmore SPCA staff, too.
'My understanding is that she has moved from place to place, and that there was a presence in Vermont prior to her coming here,' she said.
'So I am definitely concerned, and I know that the team at Elmore is also concerned about her moving to Georgia and having a similar situation happen.'