Animal cruelty case in court for probation revocation and demolition order

Mary K. Burch, 609 N. Washington St., the woman involved in the animal cruelty case in Huntingburg last year, appeared in both Dubois County Circuit Court and Dubois County Superior Court, Friday morning.

First Judge Mark McConnell heard from the state in a bid to revoke Burch’s 5-year probation from the plea agreement she made in 2014 in the case that originally involved 37 counts of animal cruelty. Through the plea agreement, Burch’s charges were reduced to five counts of animal cruelty.

According to the terms of her probation, Burch is not allowed to possess any vertebrate animals. However, on September 4, responding to a complaint that Burch had animals on her property, Probation Officer Brittany Houchin, Huntingburg Officer Cody Byrd and Dubois County Sheriff’s Deputy Sgt. Stuart Wilson performed a probation check of the property and reported that at least two dogs were in the home. (Story here)

Burch’s hearing on her probation revocation was scheduled for pre-trial on November 6 at 10:30 a.m. in Dubois County Circuit Court. Additionally, Judge McConnell granted a petition from the state to allow the Dubois County Humane Society to remove any vertebrate animals from Burch’s property if they are found there in violation of the probation.

Then, Burch and Judge McConnell moved the proceedings into the Dubois County Superior Court to hear a petition from the City of Huntingburg in regards to the appeal Burch was granted from a demolition order by the city.

Huntingburg’s attorney Phil Schneider presented the results from inspections and complaints that indicated the repairs to Burch’s Washington St. home were not being completed as directed by the court when her appeal was granted.

Deputy Code Enforcement Officer Steve Collett testified that three items in the home were not properly repaired. The items not repaired properly included the home’s water heater not being vented properly; rotted joists on a porch roof were reinforced rather than replaced as directed; and a sump pump had not been installed properly in the basement.

Huntingburg Officer Cody Byrd also testified that evidence of dogs had been observed on the property.

Both the City of Huntingburg and Judge McConnell commended Burch on her efforts to repair the home thus far, but McConnell also ordered that she remove the rotten wood as directed and replace the joist in the porch roof. He added that prior to covering the area, the City of Huntingburg would need to inspect it.

He also ordered that the water heater be properly vented — Eric Curtis, a licensed home inspector, testified that the contractor should have vented it properly when it was installed.

In regards to the dogs and feces found on the property, Judge McConnell again reinforced that Burch was not to possess or allow any vertebrate animals on the property. Burch told the judge during testimony that the two dogs found on the property in September were left there by their owner when she drove Burch to the hospital for a procedure.

McConnell set the next hearing on the appeal March, 17, 2016 at 10:30 a.m. and indicated that with Burch’s future compliance in the repairs of the home, the order to demolish the home will be overturned.

Schneider reiterated that the city commends her on the progress she has made in repairing the home.