Cougars, other pets returned to Maquoketa couple

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By Sheri Melvold | Wednesday, August 9, 2006 12:05 PM CDT | () comments

MAQUOKETA, Iowa — A rural Maquoketa couple will resume ownership of their horses, dogs and cougars, but not their bear, as part of an agreement reached in court here Tuesday.

Pam and Randy Garien, of 24922 81st St., were scheduled to go before a judge Tuesday morning in Jackson County District Court to determine whether the 55 animals seized from their home July 24 were victims of neglect.

Instead, Jackson County Attorney John Kies and the couple’s attorney, Mark Lawson, came to an agreement that was signed by the judge. No formal ruling was made on whether there was any animal neglect on the part of the Gariens, and no criminal charges have been filed against them.

However, a veterinarian and animal-care provider involved in the animals’ removal two weeks ago believe there was neglect. Both women said they were surprised and upset by the agreement.

The agreement allows the Gariens to get back 11 horses, four cougars and 12 dogs. One of the cougars has died since it was taken from the farm and a second one also may die, Kies said.

The black bear, two foxes, two cats, eight puppies and 15 chickens will not be returned.

Randy Garien said he was happy to get the animals back, adding that he has had the cougars since they were babies. The one who died, named Sheena, was the oldest.

“She would open the refrigerator and get her own chicken out,” he said.

Dr. Jennifer Doll, the veterinarian in the case, has been keeping the 350-pound black bear in her altered garage near Cedar Rapids. Doll added that she and others have raised $6,000 to build some type of shelter for it, but she still is looking for someone or someplace to take the animal, which is named B-Bear. She said it is in a larger enclosure than the 10- by 10- foot cage where it lived at the Gariens’ farm.

“No one wants a bear,” she said. “The laws are so lax anyone can buy bears. The laws need to be changed. ... You don’t have to have a license. It’s too easy. That goes for all exotic animals.”

Doll said the Department of Agriculture will be “going after” the couple because they did not have a license for breeding horses and dogs.

Lawson said, “This animal rescue has been a disaster. The sheriff’s office could have worked with the Gariens to improve their deficiencies on the farm. They have now cleaned up the place and the sheriff’s office has inspected it and said it’s fine. It’s unfortunate it wasn’t handled differently. It’s the taxpayers who will end up paying thousands of dollars.”

Jackson County sheriff’s deputies said the animals were living in their own excrement and described the horses as being underweight when they arrived at the farm last month.

“The horses were in poor condition,” Karla Sibert of the Iowa Equine Rescue and Awareness League said after the agreement was signed. “They were neglected. There was no hay and water and the pasture had metal debris in it. In our opinion, they were neglected.”

Sibert said the horses have been eating since being removed from the farm and are doing well.

“I was surprised at the result,” she said. “We wouldn’t take the animal if we hadn’t seen signs of neglect. There was no food or water for them. This happened over a period of time.”

Doll agreed. “People don’t just take animals away. We do it for a reason,” she said.

“Those animals (at the Garien farm) were in horrible conditions. The bear was one of the worse off,” she added.

Lawson said there will be negotiations to determine who pays the cost of keeping and caring for the animals for the past two weeks.

As part of the agreement, the sheriff’s department is to inspect the couple’s property four times a year.

Lawson said that when the animals were seized, one of the dogs was giving birth. He said the Gariens begged the deputies and veterinarian to let them keep the dog until the birthing was complete, but the dog was taken and the litter died.

Doll said that is not true. She said the dog gave birth to a litter the next day, but was not giving birth when they took it. She pointed out that the dog was very thin and had poor nutrition.

“I think they (the Gariens) got way in over their heads,” Doll added.

Shirley Scholtes, the Jackson County Humane Society president, said she was upset by the agreement.

“I’m too disappointed to comment,” she said. “This is not what we had hoped for.”

Contact the city desk at (563) 383-2245 or newsroom@qctimes.com.

ANIMALS RETURNED

Below are the animals the agreement calls to be returned to Pam and Randy Garien of Maquoketa.

Returned: 11 horses, four cougars and 12 dogs. (One of the cougars has died since it was taken from the farm and a second one also may die)

Not returned: Black bear, two foxes, two cats, eight puppies and 15 chickens.