Prosecutor details horrible living conditions for dogs in suspected Modesto puppy mill
A court hearing is scheduled Tuesday regarding whether a man suspected of operating a puppy mill in his west Modesto duplex can remain the owner of the roughly 150 dogs, which authorities removed from the home and said were being kept in deplorable conditions.
Deputy District Attorney Tracy Griffin petitioned Stanislaus County Superior Court Judge Carrie M. Stephens for the hearing.
The petition describes the dogs’ living conditions, including being kept in small, inadequate cages without food and water. Dogs were standing in their own feces, according to the petition.
Even though Nicholas Dean Baugh, 38, is charged with 15 felony counts of cruelty to an animal — two of the counts include the enhancement of using a knife — and a misdemeanor of keeping an animal without proper care related to 134 of the dogs, he is entitled to an administrative hearing to determine whether he can care for and keep them.
But Griffin petitioned Stephens, who is overseeing Baugh’s criminal case, because she has said that is faster than going through the administrative hearing process. Griffin said Friday she expected Stephens to issue a ruling at Tuesday’s hearing.
Griffin had hoped the hearing would take place Friday, but the judge granted Baugh’s attorney more time to prepare.
The dogs are being cared for by the Stanislaus Animal Services Agency and are being held in several undisclosed locations. The dogs have strained the resources of Animal Services, which has kennels for 188 dogs and was operating over its capacity before authorities removed the dogs from the duplex.
Authorities have said the dogs are French bulldogs, Dobermans and other breeds, many with American Kennel Club registrations.
Griffin said if Stephens issues an order relinquishing Baugh’s ownership, that will allow Animal Services to start finding the dogs permanent, loving homes through adoption, foster placements and rescue groups. She said none of that can happen without an order from the judge.
The order would remain in place even if Baugh is acquitted of the criminal charges against him, Griffin said.
Defendant pleads not guilty
Baugh has pleaded not guilty. He also is charged with six felony counts of battery on a spouse or cohabitor and one felony count of false imprisonment related to two women. He also has pleaded not guilty to these charges.
Stanislaus County sheriff’s deputies serving a warrant at the duplex May 19 related to a domestic violence case came across the suspected puppy mill, according to Sgt. Luke Schwartz.
The duplex is in the 500 block of Roselawn Avenue. Public records show Baugh owns the property.
Deputies with the Sheriff’s Department’s Special Investigations Unit “found 56 dogs in small, inadequate cages, standing in their own feces, and without water and food,” according to Griffin’s petition filed with court. The petition states deputies found 96 additional dogs living in similar conditions in the duplex’s other unit.
The petition cites a Stanislaus Animal Services Agency supervisor stating she believed these were the worst conditions she had ever encountered and “identified several dogs that needed immediate and emergency medical care.”
“Thirteen dogs were transported to emergency veterinary care facilities for immediate treatment, including two adult female dogs with open and infected cesarean wounds and two severely dehydrated puppies, and one who suffered a seizure,” according to the petition.
DA: Dogs not needed as evidence
The petition states the dogs can be relinquished and placed in new homes because they are not needed as evidence in the criminal case.
“Because the condition of the dogs at the time of the seizure is the primary evidence against the defendant, that condition was documented by photographs, videos, animal control officers and licensed veterinarians,” according to the petition.
“The defendant has that evidence and will have the ability at trial to attack the qualifications of the veterinarians and the inferences (conclusions) that can be drawn from photographs and videos,” the petition states.
Baugh’s bail was set at $850,000 in both criminal cases.
His mother has posted his bail, according to court records. But Baugh remains in custody pending the outcome of a hearing to determine whether the source of the funds for his bail is legitimate, Griffin said. She said the hearing started Friday and is expected to conclude Tuesday.
Baugh’s mother filed a declaration with the court stating the money for the bail came from a home equity line of credit on her home, according to court records. Baugh is represented by Modesto attorney Alonzo Gradford. Gradford did not return a message Friday left with his office.
This story was originally published May 30, 2022 at 8:07 AM.
