Man who had 44 animals seized from his home because of poor conditions won't face jail time
The man who had 44 animals seized from his home because of the poor conditions the dogs, birds and cats were living in will not go to jail after pleading no contest to two charges Monday.
Donald Burkett, of Webster Township, reached both a plea agreement and a sentencing agreement with Washtenaw County Trial Court Judge Melinda Morris and Washtenaw County prosecutors Monday. He had faced a count of abandonment, cruelty to 10 or more animals and a count of possession of the controlled substance Euthasol, according to court records. Euthasol is used to euthanize animals.
Burkett turned himself into police in March after authorities filed an arrest warrant that month for his role in the June 2010 seizure of 31 Whippets, 4 Italian greyhounds, a Skye terrier, six exotic birds and two cats from his home. He will be formally sentenced Oct. 17.
Both of the crimes Burkett was charged with were misdemeanors and carry maximum sentences of 93 days in jail, a $5,000 fine and 200 hours of community service.
The Humane Society of Huron Valley took in all the animals, and investigators said they found Burkett’s Webster Township home in “horrendous conditions.” Humane Society officials said the home had flies everywhere, the dogs were covered in feces and there was no clean water for the dogs to drink.
Burkett pleaded no contest because he may be facing a civil suit involving his wife, Kathe Elizabeth Tyson-Burkett, who was also arrested in connection with the incident. Morris said the potential civil liability was enough of a reason to allow Burkett to plead no contest.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
Flicka DiMare'
Tue, Sep 6, 2011 : 8:30 p.m.
Oh this is just so sad. Puppy mill breeders are torture chambers but animal hoarders are truly mentally ill. Either way the animals suffer and being an IG owner I would just nut up myself seeing either one. I hope this couple is mentally evaluated and watched carefully so no more animals are in their home or near them.
RJA
Tue, Aug 30, 2011 : 7:22 p.m.
BIG thanks to the HVHS!! 0 tolerance here for anyone that abuses animals.
Pamm in Dexter
Tue, Aug 30, 2011 : 5:27 p.m.
These folks were breeders, not hoarders! I am outraged that they aren't getting any jail time. I adopted the 2 cats they had from the Humane Society & they are now in a loving home. I hope the judge at least gives them a big time community service sentence, along with a heavy fine. It's the least she can do for the mistreated animals. From what they were forced to endure, I'd like to think there might be some justice for my kitties. We'll see...
rrt911
Tue, Aug 30, 2011 : 6:06 p.m.
Good on ya Pamm. Breeding makes this story a hotter mess than it already is. IMO that should be cause for an extraordinary amount of community service time. They should not have a spare moment to themselves, nor should they be in any proximity of animals and their care doing such service.
rrt911
Tue, Aug 30, 2011 : 3:06 p.m.
Has this person (s) been interviewed by any medical professionals? I would think this is step two after finding safe housing for the animals. I dont' believe one can possess an euthanasia drug and not know that it's wrong to sequester helpless animals in these conditions. How does one have access to it? Something must be done to prohibit him from ever again owning an animal or possessing this harmful drug. I am sure many animal activists could act on behalf of the county in randomly checking their home for nearly nothing.
Sallyxyz
Tue, Aug 30, 2011 : 12:56 p.m.
"Morris said the potential civil liability was enough of a reason to allow Burkett to plead no contest." This is ludicrous. First of all, a civil suit has not been brought in this case yet. Even if it is, there is no assurance that there will be more than fines levied. This is a gross miscarriage of justice and one more example of the "slap on the wrist" justice in this court. No wonder thugs are coming to A2 to commit crimes. Even if they are caught, no problem! Spend a few days in jail and move on! Or plea bargain down to some ridiculous level and get probation!
Woman in Ypsilanti
Tue, Aug 30, 2011 : 2:39 p.m.
I am not worried that potential animal hoarders are plotting moves to the Ann Arbor area because of a perception that Ann Arbor judges are soft on this sort of crime. Is this something that actually worries you?
Bertha Venation
Tue, Aug 30, 2011 : 1:05 p.m.
You got THAT right, Sal!
zax
Tue, Aug 30, 2011 : 11:12 a.m.
Ok, when comparing this with the recent young many who drove over a baby duck in a parking lot with his car with maybe only a few minutes of premeditation, now you look at this case of 44 assorted animals and poor living conditions and the duck killer gets 10 days in jail and this guy and his wife get no jail time? where is lady justice with her equal balancing weights? maybe she was replaced by some modern art in this city and we forgot who she was. The Human Society found "horrendous conditions" in the home. I find "horrendous miscarriage of justice" in the city.
Bertha Venation
Tue, Aug 30, 2011 : 3:45 p.m.
RX DX and Townie are right. After thinking it over, this sounds like a mental condition that can use help.
Judy
Tue, Aug 30, 2011 : 2:02 p.m.
You just don't get it do you? The young man who drove over the baby ducks thought is was "funny." I agree with RxDx, this couple need help, possible mental illness help. The young man got help "jail time."
63Townie
Tue, Aug 30, 2011 : 1:52 p.m.
Haven't you seen "Hoarders" or "Animal Hoarders"? Somebody like this clearly needs help; they think they are helping the animals and don't fully comprehend the situation. On the other hand, a punk running over ducklings is clearly a premeditated act.
Bertha Venation
Tue, Aug 30, 2011 : 12:38 p.m.
Easy. He got the push-over judge who just sits there and sets everyone free regardless.
RxDx
Tue, Aug 30, 2011 : 11:22 a.m.
Just guessing, but one case sounds like premeditated cruelty to animals to impress your friends and the other sounds like possible mental illness or diminished capacity.