Former Boyceville woman sentenced to probation in case related to emaciated dog
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By LeAnn R. Ralph
MENOMONIE — A former Boyceville woman has been sentenced to probation, community service and court costs for one felony count of mistreating an animal and one misdemeanor count of intentionally failing to provide food for an animal.
Anne M. Iehl, age 30, appeared with her attorney, Richard Yonko, before Judge Rod W. Smeltzer in Dunn County Circuit Court July 27 for a sentencing hearing.
Iehl was charged in connection with an emaciated dog she had brought to the Dunn County Humane Society on November 1, 2019, that she said she had found by the side of the road on state Highway 79 near Boyceville.
Iehl told shelter staff she did not know the dog’s owner.
Staff members at DCHS named the dog Gabriel.
A 12-person jury found Iehl guilty on both counts following a two-day trial in Dunn County Circuit Court May 26 and 27.
During the trial, Jamie Wagner, a staff member at DCHS, testified that when Gabriel was brought to the shelter, he weighed 23.5 pounds and that a month later on December 8, after receiving the proper food and nutrition, the dog weighed 55.6 pounds.
Judge Smeltzer ordered a pre-sentence investigation (PSI).
Dunn County District Attorney Andrea Nodolf said she had received numerous victim impact statements from members of the public but that only three would be presented to the court.
Chan
Henry Chan, who is Gabriel’s new owner, gave the first victim impact statement.
Chan spoke about a puppy who had been abandoned at an intersection in Trempealeau County in 2001. The five or six month old puppy cried and yelped for days, waiting for his human to come back, and finally someone took him to the humane society.
The Trempealeau County Humane Society put the puppy in a foster home, but then the foster home caught fire, and the puppy was rescued by firefighters, Chan said.
Trempealeau took animals to Petco on weekends to facilitate adoptions, and one weekend, Chan happened to be there and adopted the puppy.
At the time, Chan lived in Eau Claire, and after that, he moved away to another city to start a business. He had two dogs and found a place out in the country to rent.
Chan said he was single at the time and only had the two dogs. At Easter in 2009, he was home alone with the dogs, and being a single man, had pretty much nothing but condiments in his refrigerator.
Chan said he was hungry, but that it was quite a drive to the nearest grocery store, and he did not feel like making the drive.
At some point during the day, he let his dog Lucky out. The dog had never run off, and whenever he let the dog out, Lucky would be ready to come back in a few minutes later, Chan said.
Except that a few minutes later, Lucky was not at the door, waiting to come in, and in fact, Lucky was gone for many hours.
The next morning, Chan went out and opened his garage door.
At this point, Chan asked District Attorney Nodolf to put up a picture on the court’s projection system to show what he had found in his garage.
There was Lucky, who appeared to be a black lab or a black lab mix, sitting there, “grinning” as dogs do, with his tongue lolling out of his mouth — and a dead chicken at his feet.
Chan said Lucky had never before killed a chicken and must have had to go miles to find one. The dog did not try to eat the chicken or mutilate it.
Chan said he realized, then, Lucky had brought the chicken back to Chan because the dog knew Chan was hungry and had been looking for something to eat.
It was also at that point Chan said he realized dogs are not possessions or property. They are smart and loyal and loving.
Lucky lived to be 15 and a half years old. The dog’s death left a huge void in Chan’s life.
Gabriel
Then along came Gabriel.
That first night at home, Chan said he did not even know if the dog was housebroken. Gabe did not want to go into a kennel, so Chan let the dog come into their bedroom.
At trial, DCHS staff testified that Gabriel suffered anxiety being in a kennel because of the months he had been left in a kennel to starve.
The dog hopped up on the bed, and that’s where he slept. Gabriel did not have any accidents in the house, Chan said.
Also during that first day, Chan said he had gone into his home office to do some work, and Gabriel came in and laid down next to him, as if he had been there with him for years.
Chan said he had tried and tried to teach Lucky to fetch, and while Lucky would happily run after a ball, he would never bring it back.
Gabriel, on the other hand, loves to fetch — and will fetch, and fetch, and fetch, until finally, Chan has has to say enough and stop throwing the object for Gabriel.
Gabriel is every bit as smart and loyal and loving as Lucky, and Chan said Gabe has made him think of the movie, “A Dog’s Purpose,” in which a dog is reincarnated a number of times and finally comes back to his original owner.
“I am very grateful to have Gabriel,” he said.
At first, Chan said, his inclination was to say Iehl starving the dog was “water over the dam,” that but now he is more upset about the condition of the dog when he was brought to the humane society.
On the other hand, Iehl could have let the dog die and could have thrown him in a ditch or out in the woods, and no one would have known, he said.
Chan said he was asking the court to sentence Iehl to one year in jail with Huber privileges to work and to take care of her children. He also asked that any fines be waived and that Iehl be sentenced to community service,
If Iehl receives a “slap on the wrist” it will show others that it is okay to abuse animals as property. A jail sentence will show there are consequences to abusing animals, Chan said.
Statement
District Attorney Nodolf read a victim impact statement from Kara Buchner.
Nodolf did not say why she had chosen that statement from among all the statements she had received.
Buchner had followed Gabriel’s care and was saddened, shocked and angry about the dog’s suffering.
Animal cruelty laws must change, Buchner said in her statement, and “it is our responsibility to fight for the voiceless.”
Gabriel is not property or “just a dog.” He feels pain and suffering, and Buchner said she was asking for the maximum penalty to send a harsh message to animal abusers.
DCHS
Jamie Wagner of the Dunn County Humane Society gave two statements, one on behalf on DCHS and one her own personal statement.
As an animal welfare organization, DCHS provides services to the community so that those in need can have food for their pets and also provides a place to surrender pets. Gabriel suffered malnourishment for an extended amount of time, and Iehl was not forced to have a pet, she said.
“There are other options. Starvation is never one of those options,” Wagner said.
DCHS is not seeking restitution for Gabriel’s care. Community members were generous in their donations to cover the cost of Gabriel’s care at the veterinary clinic and at DCHS, she said.
There must be consequences for people who abuse animals, she said, and asked that Iehl not be allowed to possess an animal for five years.
Jamie
During Wagner’s personal statement to the court, she said the one word that summed up the situation was “difficult.”
The horrendous condition of the dog when he was brought to DCHS, the dried urine in his fur, the foul smell on his breath, the dog collapsing when he tried to walk, and the DCHS staff members crying were all difficult, she said.
Everyone worked hard toward the dog’s recovery, and Wagner said she also received calls from members of the public who were outraged and asking, “How could this happen?”
Reliving the whole experience through the jury trial was difficult, and Wagner said she needed medication for her own anxiety.
Water and food were withheld while Gabriel lost weight, locked in a crate. Although she did not recommend or condone it, it would have been more humane for Iehl to release the dog from the house so he could go find his own food and maybe another home, Wagner said.
Wagner said she was struck by the Iehl’s “shocking callousness,” and that while Iehl cries non-stop in court, she did not cry when she brought the dog to DCHS.
Wagner said she was asking that Iehl be sentenced to six months in jail — for the three months that Gabriel was locked in his kennel, starving, and for the three months it took for him to recover.
Nodolf
In any sentencing, the court must consider the seriousness of the offense, the character of the defendant and the need to protect the public, District Attorney Nodolf said.
Regarding the seriousness of the offense, after a trial by jury, Iehl was found guilty of a Class I felony and a Class A misdemeanor. Gabriel was starved for a long period of time, until he only weighed 23.5 pounds, and then was taken to DCHS, she said.
Iehl had a lot going on in her life. She was divorced, with two young children, was pregnant and in a new relationship. But she also owned a vehicle and a cell phone and had a job, Nodolf said.
In Dunn County, there is support for animal owners that includes DCHS and the Little Pet Food Pantry where people can get pet food, at any hour of the day, with no questions asked, she said.
Stepping Stones, Tuesday’s Table, Wednesday’s Table, Thursday’s Table, all have food for people in need. The food is not necessarily dog food, but it could be used to feed a dog. Co-workers also said they would have helped, Nodolf said.
Iehl chose to keep the dog. She is 30 years old and is old enough to know her obligations, she said.
As for the character of the defendant, Iehl refuses to acknowledge the crime and still claims she fed the dog every day. Saying that he was eating and not gaining weight is a lie, Nodolf said.
The dog gained 18 pounds in one week when given food and water, and the situation boils down to human decency. Iehl testified how much she loved the dog, but “how can you do that to animal?” she asked.
The jury saw through Iehl’s lies, and the PSI states that Iehl may be to the point of believing her own lies, Nodolf said.
Gabriel had a happy ending because he recovered. The veterinarians think because he was only a year old, he was able to pull through. If he had been an older dog, he may not have survived, she said.
Regarding protecting the public, animals need to be protected. Public opinion is that Iehl should not be allowed to own an animal for the rest of her life. State law only allows the court to prohibit animal ownership for up to five years, Nodolf said.
The PSI includes comments from the public, and Nodolf said she had never seen comments from the public included in a pre-sentence investigation.
The Department of Corrections is recommending two years of probation with one year jail time imposed and stayed, she said.
An imposed and stayed jail sentence eliminates justice and undercuts the seriousness of the offense, Nodolf said.
Nodolf said she was requesting three years of probation, with sentence withheld, and 365 days of jail time imposed as a condition of probation, along with Huber for work and child care ,and that Iehl not be allowed to own an animal for five years.
In addition, Nodolf said she was requesting a mental health assessment and 120 hours of community service, but was not requesting restitution because the $4,900 in vet bills had been covered by donations from the community.
Nodolf also requested a lifetime prohibition on owning firearms.
Regarding the misdemeanor, Nodolf asked for one year of probation, to be concurrent to the probation for the felony, and court costs.
As far as the public is concerned, a slap on the wrist is not appropriate, and the crimes need punishment. Iehl has not spent a single day in jail. If a person chooses to own an animal, that person has an obligation and the human decency to feed the animal, Nodolf said.
Yonko
Yonko, Iehl’s attorney, pointed out that a pre-trial motion had been granted that the dog does not have victim status under state law, so nothing can be applied that goes toward the effect of a crime on a victim.
The PSI and the alternate PSI both recommend the same sentence and both note Iehl has no criminal history, he said.
Iehl has received hate mail and has been subject to public shaming and insults, and her children have been threatened, Yonko said.
While Gabriel can be an advocate for people to be humane to animals, the court must be an advocate for people to be humane to other humans. The court should consider imposing court costs only, he said.
Iehl has significant character. She was in an abusive relationship with a “deadbeat dad.” This was a crime of finances, Yonko said.
There is more to Iehl’s character than an abusive relationship. She is educated, employable, and a single mother. No one has said she is not the best mother for her children, and the court has said many times, parents should be there for their children above all else, Yonko said.
Iehl is fine with probation. Both PSIs and the district attorney, by saying that if someone cannot afford to have a dog, that person should not own a dog, have said it was a crime of finances, he said.
Iehl
Iehl also gave a statement to the court and offered apologies for her decisions.
Iehl said she realized she should not have gone to DCHS and should have found a home for the dog sooner when she knew she could not afford to take care of him and that she was sorry for his pain suffering and for the pain and suffering of his care team and of the community.
“I miss him every day,” she said, adding that her children also ask about him.
Iehl thanked DCHS for their care and support of the dog, thanked Gabriel’s new family and thanked everyone who helped him.
Judge
DCHS has a dedicated staff who provide opportunities for people to have pets and provide a haven for pets in need, Judge Smeltzer said, noting he had reviewed all of the statements the court had received.
Is this case crying out for retribution — or is it a time to seek redemption? Judge Smeltzer asked.
The case has become important to the community, and if there is a silver lining, it is that DCHS knows there is public support and that they can reach out to the community for resources, he said.
Judge Smeltzer asked for the public’s help.
If you know of someone struggling to keep a pet, offer to help or refer that person to DCHS for help, or to use the Little Pet Food Pantry, he said.
The efforts of Jamie Wagner and DCHS staff and volunteers are much appreciated, the judge said, adding that he hopes they never see another case like this, a case that was so bad, the staff needed debriefing.
Judge Smeltzer said he did not see Iehl as a bad person, but she is someone who violated the law and committed crimes.
“Miss Iehl is paying a huge price,” the judge said, noting that she has been charged and tried before a jury and will have to live with the consequences of her actions for the rest of her life.
The defendant could have handled the situation differently, and there were many points where something could have been done differently, he said.
Iehl lied when she brought the dog to DCHS, and one thing she must do is come to grips with her storytelling and must learn to maintain integrity, Judge Smeltzer said.
In the alternate PSI, Iehl came close to owning the situation and said she should have taken the dog to the humane society sooner. The case has been like watching a bad movie — but then there’s a great ending with Henry Chan and Gabriel, he said.
Iehl should not own an animal for five years, and after that, she should think long and hard about it. Her children will not be able to have a pet because their mother cannot own an animal, and that’s “sad for the kids.” Pets are part of the family, Judge Smeltzer said.
The case has been well made in the community, in the courts and by law enforcement that mistreating animals is not condoned, he said.
Judge Smeltzer pointed out that Iehl had made an apology and said he would accept her apology.
In addition to not being able to own an animal for five years, Judge Smeltzer sentenced Iehl to two years of probation, withheld sentencing, imposed one year of jail time as a condition of probation but stayed the jail sentence, unless the probation agent asks for jail time because Iehl is not completing her probation.
Judge Smeltzer also ordered Iehl to complete 50 hours of community service during the next two years and ordered her to pay $518 for court costs and the DNA surcharge.
Regarding the misdemeanor, Judge Smeltzer sentenced Iehl to one year of probation, to be concurrent to the probation for the felony, withheld sentence and ordered her to pay $443 in court costs and for the DNA surcharge.
Iehl also is not allowed to own any firearms and cannot vote during the length of her sentence.
