INDIANAPOLIS —
Two women accused of running a puppy mill on their family dairy farm pleaded guilty to reduced charges Tuesday, escaping both jail time and a criminal fine.
Virginia Garwood, 65, and her daughter, Kristen Garwood, 27, pleaded guilty to charges of failing to pay sales tax on puppies they sold from their Breezy Valley Dairy Farm in Harrison County. Virginia Garwood also pleaded guilty to a charge of failing to pay income tax on proceeds from the sale.
A plea agreement that called for the women to serve community service and make cash donations to an animal shelter or humane society was rejected by the judge, who noted the elder Garwood’s age and lack of criminal record.
Marion Superior Court Judge Annie Christ-Garcia made the decision after the Garwoods’ attorneys, including high-profile criminal defense lawyer Jennifer Lukemeyer, argued that the women were “simple country farming folks” who were ignorant of the law.
That description stood in stark contrast to the one made by the Indiana Attorney General’s office last summer when it, along with the Indiana State Police and the Indiana Department of Revenue, raided the Garwoods’ farm, seizing 244 puppies.
At the time, prosecutors said the women failed to pay at least $125,000 in sales taxes as part of the puppy mill business they operated on their family dairy farm. They also alleged that many of the puppies were ill or neglected.
In court Tuesday, Lukemeyer said the women got into the business of breeding and selling puppies to save their family dairy farm. “This wasn’t about making a quick buck in some sinister ‘101 Dalmatians’ scheme,” Lukemeyer said.
The case against the Garlands was brought by Indiana Attorney General Greg Zoeller after his office received complaints that the Garlands were selling puppies for $250 to $300 in cash that were ill or neglected.
Kristen Garwood received 6 months probation after pleading guilty to a class-A misdemeanor charge of failing to pay sales tax. Virginia Garwood received 18 months on probation after pleading to two class-D felony charges of failing to pay sales and income taxes.
All other criminal charges were dropped. The Garwoods still face a civil tax case in which the Attorney General’s Office alleges they owe $132,440 in unpaid taxes based on several years of dog-sale transactions. Their admissions of guilt in the criminal case can be used in the civil tax case.
The Garwoods are also involved in an ongoing consumer-protection lawsuit filed by the Attorney General’s Office under the Deceptive Consumer Sales Act. Four consumers complained they purchased dogs the Garwoods misrepresented as being healthy, only to discover later the animals were diseased.
“These two admitted publicly in court what the State alleged all along: that for several years they sold dogs and puppies to consumers but did not collect Indiana sales tax,” Zoeller said in a news release. “There have been allegations of consumer fraud, but it was the illegal failure to collect and remit sales tax that caught up to them.”
While Christ-Garcia ordered the women not to return to the dog-breeding business while they were under probation, she did rule that they each could own a dog as a pet, but said the dogs had to be fixed or neutered.
The women were arrested last June in a raid that received widespread attention as Indiana was cracking down on breeders who were raising and selling puppies in large numbers and under questionable conditions.
A new state law passed last year requires breeders to provide their dogs with exercise and sets requirements for the size and type of cages where they are kept. Commercial breeders must also provide consumers with their dogs’ medical records at the time of sale or adoption, and they are subject to inspection.
However, the state was able to arrest the Garwoods under Indiana tax laws. “This case was important in that it was one of the first attempts at trying the tax evasion angle,” said Theresa Stilger, animal care coordinator for the New Albany-Floyd County Animal Shelter. “I would say it was cutting-edge, and they may try it again because at least the dogs were able to be saved from those living conditions.”
Following the raid, volunteers from the Humane Society of the United States’ Emergency Services department and the Humane Society of Missouri transported the dogs to a makeshift shelter at a New Albany warehouse, where they were quarantined and examined by veterinarians who found some to be infected with giardia, a highly-contagious gastrointestinal disease.
The majority were healthy enough to be sent out for adoption to shelters around the region. Officials from the local shelter were heavily involved in the new law, but Stilger worries there may still be weaknesses in the law and that the Garwoods could return to breeding.
“I was hoping for a little bit of a stronger sentence, but hopefully this will make them feel a little uncomfortable about returning to breeding,” Stilger said.
During the course of the investigation, one of the attorney general’s investigators became sick with the disease from handling some of the ill dogs. Humane Society volunteers who took part in the raid described the conditions on the farm as filthy.
Lukemeyer and fellow defense attorney Aaron Freeman both portrayed the Garlands as women desperate to save their family farm. They said the Garlands got into breeding and raising puppies in 2007, when they were struggling to keep their dairy farm in business at a time when milk prices were dropping and grain prices were rising. “They were trying to keep the family farm alive,” Lukemeyer said.
She described her client, Kristen Garland, as an animal lover who had volunteered her time with the local 4-H program, showing young people how to raise and care for goats. Freeman, who represented Virginia Garland, said his client had spent 35 years working on the family dairy farm.
“There is nothing you can do to her that would be worse than the public humiliation she’s suffered,” Freeman told the judge. Freeman also told the judge that his client would be in no hurry to return to the dog-breeding business once their probation was complete. “The chance she’ll recommit the crime is zero,” Freeman said. “Judge, they learned their lesson. They got the message.”
The Indiana Attorney General’s office had wanted the message delivered differently, though. In a plea agreement filed last week, Deputy Attorney General Ian McLean asked for Kristen Garland to be charged with a class-D felony, and to be required to serve 20 hours of community service and make a $500 payment to the Harrison County Animal Shelter or the American Humane Society, both of which had assisted the Attorney General’s office in caring for the 240 puppies that were seized during the raid.
Christ-Garcia reduced the charge to a misdemeanor and denied the request for the payment and community service. Christ-Garcia also denied the prosecutor’s request that Virginia Garwood be required to serve 20 hours of community service and make a $1,000 payment to the county animal shelter or humane society.
The judge seemed less than excited to hear the case. McLean had requested to present two witnesses, but Christ-Garcia only allowed one and told him he had five minutes. She stopped the investigator five minutes into his testimony.
“I am inundated day in and day out with cases involving criminals with significant histories,” Christ-Garcia said.
Stilger said there are many more “puppy mills” in southern Indiana, and she hopes this case will send a message. She advises that anytime someone offers to sell a dog but wants to meet the buyer in a public place, that is a warning sign.
Staff writer Matt Thacker of The (New Albany) Tribune, contributed to this report.
News
Women charged in puppy mill scheme escape jail time and criminal fines
Harrison County mother, daughter not allowed to raise animals while on probation
- News
-
-
Magnolia gives in on rezoning
A potential $20-million investment in Terre Haute’s east side has been blocked by public opposition.
-
Expert sees ‘slow slog’ ahead for economy
While optimism flickers, the Wabash Valley and Indiana economy may see a “slow slog” this year amid a flat housing market, unemployment and political unrest.
-
Komen move won’t affect Indiana Planned Parenthood
Planned Parenthood of Indiana will not be affected by Susan G. Komen for the Cure’s decision to halt grant funding to Planned Parenthood affiliates nationwide.
-
Council discusses ideas for memorial ways
The Terre Haute City Council Thursday night discussed possible new rules for designating “memorial ways” in the community.
-
Madonna prepares our halftime feast
Suddenly, she arrived, with her famous bleached blond hair, the almond-shaped eyes, the ruby-red lips.
-
An advocate for the truth
The truth of the matter is, lying has consequences.
Pulitzer Prize winning author and New York Times columnist James B. Stewart offered an honest look at the trend of dishonesty inside Tilson Auditorium Thursday. His new book, “Tangled Webs: How False Statements are Undermining America: From Martha Stewart to Bernie Madoff” was featured as part of Indiana State University’s speaker series.
-
Super Bowl officials arrest "web pirate"
NFL Super Bowl officials were hoping to score some major media attention with the arrest of a “web pirate” accused of illegally streaming sporting events over the Internet.
-
Indy Super Bowl has cold-crisis master plan
Eager to avoid the winter-weather disaster that hit last year’s Super Bowl, this year’s host city has developed a cold-crisis master plan.
-
Steve Weatherford’s gifts keep on coming to hometown
The first time Steve Weatherford rolled through the New York Giants locker room with a laundry cart, collecting castoff tennis shoes and cleats, he made sure to tell teammates he wasn’t selling their stuff on eBay.
-
Shooting, chase leads to 23-year sentence
A Brazil man received a 23-year prison sentence for a 2010 incident in which he shot at Terre Haute Police during a car chase on the city’s east side.
-
State police release stats on K-9 work
More than $3 million in cash along with thousands of pounds of illegal drugs were removed from criminal enterprises in 2011 through the Indiana State Police K-9 program.
-
Linton-based Guard unit prepares for deployment
An Indiana National Guard unit from the southern part of the state that was deployed twice to Iraq since 2003 is now preparing to be deployed to Afghanistan.
-
Pa. groundhog ’predicts’ six more weeks of winter
Pennsylvania’s Punxsutawney Phil emerged from his lair to “see” his shadow today, in the process predicting six more weeks of winter.
But, at this rate, that might not be so bad. -
Greene County General Hospital announces expansion, renovations
Construction is expected to start in early spring on a new $6.5 million expansion-renovation of the Greene County General Hospital.
-
Renovations finished, airport prepared for Super Bowl traffic
The Super Bowl may be a few days off, but the “touchdowns” have already started at Terre Haute International Airport — Hulman Field.
-
MARK BENNETT: Super Bowl luck? His is mostly bad
I’ve learned to take a Seinfeld approach to Super Bowls.
In a flash of clairvoyance, Jerry excitedly reminded buddy George Costanza that “if every instinct you have is wrong, then the opposite would have to be right.” -
Ohio Blvd. rezoning draws opposition
Opponents of a planned senior-living complex on Ohio Boulevard near Deming Park showed up in force at Wednesday night’s Vigo County Area Plan Commission meeting.
-
Child molestation charges filed against Terre Haute man
Two counts of class-A felony child molestation have been filed against a Terre Haute man arrested last week on child pornography charges after police received a tip that he was offering a child for sex via instant messaging.
-
CASA kids among many receiving funds from trust
Because of the generosity of four long-ago leaders in Terre Haute, some at-risk children today can participate in extra-curricular activities that they couldn’t otherwise afford.
-
Speaker tries to educate others about Islam
A 36-year-old orthodox Muslim, Zohra Sarwari frequently confronts misconceptions and stereotypes — even prejudice — when she is in public.
-
Law firm offering rides home
The Fleschner, Stark, Tanoos & Newlin law firm plans to sponsor free taxi rides home from bars and restaurants to those who who have too much to drink on Super Bowl Sunday.
-
City woman facing arson charge
A Terre Haute woman faces a charge of arson related to a Jan. 10 apartment building fire in the 600 block of South Center Street.
-
VIDEO: Steve Weatherford homecoming
The only three New York Giants players who touched the football on a field goal that propelled their team into Sunday’s Super Bowl against the New England Patriots visited Terre Haute North Vigo High School Tuesday — where a throng of Patriots cheered for the Giants.
-
South student serving as Super Bowl ambassador
For more than five hours on Monday, Molly Nasser tied ribbons on gift baskets intended for hospitalized children across the country, part of an unprecedented service project undertaken by a Super Bowl host city.
-
SLIDESHOW: Indy has built rep from ground up
Leaders of Indiana’s capital city spent decades gussying up their downtown by building big sports and convention venues and luring upscale hotels, popular restaurants and a four-story shopping mall to locate here.
-
Vigo County trial date changed
The trial date has changed for a defendant in the April 2011 death of a Terre Haute man.
-
Vigo Commissioners strive to cut expenses
In an effort to remove possible overtime and compensation time issues, the Vigo County Board of Commissioners Tuesday approved a “letter of engagement” for a Muncie-based firm to conduct a time analysis study and a self audit/analysis for compliance with the federal Fair Labor Standards Act.
-
Sports museum helped Indy land big game
During the competition for Super Bowl XLVI, it didn’t exactly hurt Indianapolis to be able to throw the National Art Museum of Sports name into the mix.
-
House of Hope back in business
Less than a year after being closed by state officials, a Clay County mission center has re-opened to serve people with histories of drugs, alcohol and emotional problems.
The House of Hope, on U.S. 40 west of Brazil, has been receiving new residents since December. -
Indy’s zippy, but Haute’s hospitable
Brandon Briley did his part to welcome Super Bowl visitors to Terre Haute.
- More News Headlines
-
Komen Reverses Planned Parenthood Cuts
Fla. Man Adopts Girlfriend in Legal Battle
GOP: Jobs Numbers Welcome, Can Do Better
2nd Teacher From LA School Arrested on Sex Claim
More Deaths As Egypt Clashes Continue
Past Complaint About LA Teacher Comes to Light
Raw Video: Michelle Vs. Ellen in Pushup Contest
Obama: Still Far Too Many Americans Need Jobs
'Lucky' 9-Year-Old Receives 6-Organ Transplant
Hiring Burst Pushes Jobless Rate Down to 8.3%
Raw Video: Prince William in Falklands
NY Police Shoot Dead Unarmed Man
Foreclosures Down 34 Percent in 2011
Madonna Nervous About Super Bowl Halftime Show
Egpyt Protesters Blame Police for Soccer Deaths
Reaction Heated on Planned Parenthood-Komen Rift
Cat in Cockpit Causes Four-hour Flight Delay
Raw Video: Fighting Goes on in Homs, Syria
Egypt Shaken After Deadly Soccer Riot
Raw Video: Punxsutawney Phil Sees Shadow
SB XLVI: Adam Sandler
Bronx Zoo Selling Valentine's Day Roaches
Adam Levine: Shame on Randy Jackson
Tim Tebow Addresses His Fans and Faith
Gossip Girl's Steamy Spread
AG Holder defends actions in heated hearing
First Look: Kim Kardashian on 'Last Man Standing'
Panetta said to expect Israel attack on Iran in spring
Madonna channels Victor Cruz
Christina Hendricks Stuns in Sexy Dress
Raw Video: Snow Causes 20-Car Pileup in Italy
College Football Prospect Chooses Team Based on Chick-Fil-A
EXCLUSIVE: Katy Perry's Sims 3 Commercial BTS
Ads get social at Super Bowl
Man Adopts 42-Year-Old Girlfriend
Kim Kardashian Looking to Start Bible Study Group
