FARMINGTON — An Avon man accused of abandoning nine beagles for two days in an unheated, open garage on Dec. 29 is not expected to be prosecuted on criminal animal cruelty charges, a state prosecutor said.
David Ellis, 46, must comply with an agreement reached Wednesday and take care of his dogs as outlined by Maine statute, Assistant District Attorney Joshua Robbins said Friday.
He also needs to pay restitution for veterinary care, plus room and board at an animal shelter, stay out of trouble and comply with an agreement reached Wednesday during a civil hearing in District Court.
The agreement allows Ellis to get six adult dogs returned to him, Robbins said.
Ellis has shown that he has built a new kennel that conforms to rules for canine structures, he said.
Ellis agreed to surrender three 10-week old puppies on Dec. 29 to the state Animal Welfare Program, according to a signed court document.
Franklin County Sheriff’s Office Deputy Andrew Morgan responded to a complaint of abandoned dogs Dec. 29 in Freeman Township. The temperature was minus 22, not factoring in wind chill, according to a report filed with the court by Angela Rogers, a district humane agent for Franklin County.
All nine dogs were in separate kennels shivering in an open, unheated garage. None had food or drinkable water, according to the report. A few dogs tested positive for Lyme disease and all tested positive for intestinal parasites, according to Rogers’ report.
The dogs were seized by the Sheriff’s Office and taken to the Franklin County Animal Shelter.
Ellis was charged with misdemeanor animal cruelty.
Ellis told Morgan and Rogers on Dec. 29 that he moved from the Freeman Township home about a month ago and was setting up kennels at his new home in Avon. He said the dogs had access to a doghouse and bedding, and he visited them every day, the last time at 4 p.m. Dec. 28.
Morgan checked with the complainant, who said he had not seen Ellis on the property for two days, although Ellis could have been there Dec. 28 while he was taking a nap.
The Animal Welfare Program sought permanent possession of the dogs.
Attempts to reach Ellis and the director of the Maine Animal Welfare Program were unsuccessful Friday.
Nine beagles were seized from an open, unheated garage in Freeman Township in December. David Ellis, 46, of Avon was charged with animal cruelty. (Sun Journal file photo)