Published: June 03, 2009 09:05 am      

Puppy Mill Busted: Dogs taken from Harrison County farm to New Albany warehouse

Approximately 240 dogs were seized from an alleged “puppy mill” in Harrison County on Tuesday and were taken to an emergency shelter set up at a warehouse in New Albany.

With a new state law restricting “puppy mills” not going into effect until next month, the Indiana Attorney General’s office was able to obtain a search warrant to raid the farm due to suspected tax evasion by the property owners.

The warrant was executed at two adjoining properties, known as the Breezy Valley Dairy Farm, at 8605 Valley City Mauckport SW in Mauckport. The properties are owned by Virginia Garwood.

The Tribune was the first media allowed inside the shelter as the dogs were being evaluated by veterinarians for diseases and other health conditions.

Investigators from the attorney general’s office, Department of Revenue and the Indiana State Police served a search warrant that was signed by a Marion County judge on Friday. Approximately 60 volunteers from the Humane Society of the United States’ Emergency Services department and the Humane Society of Missouri removed the dogs from the property and transported them to New Albany.

“We’ve seen worse, but it’s still not good,” said Jordan Crump, public information officer for the HSUS. “Dogs deserve to be family pets, and they deserve better than this.”

Crump said many of the female dogs are always kept pregnant and do not get enough nutrition. That can lead to serious problems like teeth falling out or even a dislocated or broken jaw.

Most of the dogs were small and were various breeds, including Yorkies, poodles and Chihuahuas.

The dogs were being kept outdoors in wire pens that were about five-feet by 10-feet in length, Crump said. There were about five to six dogs per pen. She said rescue workers immediately smelled the feces and noticed signs of neglect.

“The problem in Indiana is huge,” said Anne Sterling, Indiana State Director of the Humane Society. “This by no means is an isolated case. The dogs are being treated like a cash crop.”

Sterling said some of the dogs tested positive for Giardia, a serious gastrointestinal disease that can be easily transmitted to other dogs or people. One dog was deceased when authorities arrived.

The seized animals were taken to a warehouse at 1420 East Main St. in New Albany where they were kept in 180 crates donated by PetSmart to the attorney general’s office.

“They should be ready to go to other homes,” Crump said. “Some will need some training. They’re just not used to being around other people.”

The dogs will be taken to humane societies for adoption in Indiana, Kentucky and Missouri.

David Hall, director of the New Albany-Floyd County Animal Shelter, said about $80,000 worth of supplies were donated by PetSmart Charities to the attorney general’s office. The wire crates, dog food and medical supplies can be used in future “puppy mill” raids, he said.

Hall said he was honored that the humane society decided to set up the shelter in Floyd County.

Indiana Attorney General Greg Zoeller held a press conference at the Culbertson Mansion in New Albany Tuesday afternoon to announce the seizure. He described the conditions of the farm as “squalid.”

Zoeller alleges that Garwood and her daughter, Kristen Garwood, sold the puppies, but failed to collect or remit sales taxes to the state of Indiana. Crump said they were being sold for $200 to $400.

On behalf of the Department of Revenue, the attorney general’s office filed a tax “jeopardy assessment” against the Garwoods for $132,440. Zoeller said that will allow them to seize personal property in order to recoup the money.

The two women nor the Breezy Valley Dairy Farm registered as a retail merchant in Indiana or ever registered to do business in the state. Department of Revenue records showed neither woman has ever remitted sales tax.

The Garwoods have sold puppies commercially for at least three years, according to a probable-cause affidavit. Records show the Garwoods have frequently advertised in newspapers during that time and that they have owned the property since 1989.

While no charges have been filed, Zoeller noted that failure to charge or remit sales tax and failure to keep and preserve sales-tax records are all felony offenses. He left the door open that charges could be filed in the future.

“The investigation is ongoing,” Zoeller said. “The first part is the initial raid.”

Possible charges listed in the search warrant include class D felonies of theft, failure to keep and maintain sales tax records, falsification of income tax records and failure to file an income tax return with the intent to defraud.

The sales-tax enforcement is part of a pre-existing law, but a new state law will take effect July 1 and will require that caged dogs be allowed out for exercise. Sterling said the new law will make it much easier for them to shut down “puppy mills” under animal cruelty laws.

Rep. Ed Clere, who was a proponent of the new law, said it was important to balance allowing legitimate breeders to continue their work while making it easier to shut down facilities like the one Garwood was operating.

“Hopefully, we can put an end to other similar puppy mills,” Clere said.