GILBERT

4 indicted in Green Acre dog-boarding deaths in Gilbert

Jim Walsh
The Republic | azcentral.com
A shed at Green Acre Dog Boarding in Gilbert.

An investigation into the deaths of more than 20 dogs at a Gilbert-area kennel in June culminated Wednesday in a series of felony and misdemeanor indictments against the kennel's owners and the caretakers who were left in charge while they were on vacation in Florida.

Green Acre Dog Boarding owners Jesse Todd Hughes and his wife, Maleisa Hughes, were indicted by a Maricopa County grand jury on 22 felony counts and seven misdemeanor counts of cruelty to animals, and one felony count of fraudulent schemes and artifices, according to County Attorney Bill Montgomery's office.

Logan Flake, the Hughes' daughter, and her husband, Austin, son of U.S Sen. Jeff Flake,
R-Ariz., were indicted on 21 felony counts and seven misdemeanor counts of cruelty to animals.

All four defendants are scheduled to appear in court at an Oct. 23 arraignment.

"Today's indictment is the result of a thorough review of the extensive investigation into this incident and a decision to seek charges based on the objective facts," Montgomery said in a prepared statement. "We now look forward to the next step in seeing that justice is served in this case."

Montgomery declined further comment, but his spokesman said the charges stem from the deaths of 21 dogs and the injury of four others at the Green Acre facility, located on a county island near southeast Gilbert. He said the sentence for a conviction on the lesser felonies ranges from probation to 11/2years in prison, but added that prison sentences are unlikely on first offenses that are non-violent.

"We have to prove how each of those dogs died," said Jerry Cobb, a county attorney spokesman. "They basically suffocated. They were in a tight room without enough air."

He said the Hughes' account to investigators with the Maricopa County Sheriff's Office that a dog chewed through a wire, cutting off electricity to the air-conditioning, was disputed by the investigation. Jesse Todd Hughes told the dog owners many other accounts of how their pets died, including that they tunneled out under a fence and ran away.

"How would you like your dog stuffed in a small room? Twenty-eight dogs," Sheriff Joe Arpaio told reporters on Wednesday night. "Think about that. I feel sorry for the owners. … This has been one of the toughest cases we have worked. We had over 17 people work this case, between the posse, other volunteers, our deputies."

One of the dogs escaped and was found on the side of a Gilbert road weeks later, having been struck by a car. Most of the pets were found dead on the facility's grounds.

"The air-conditioning unit was functioning. The air-conditioner filters had not been changed for a long time," Cobb said, adding that clean filters would not have necessarily saved the dogs' lives.

Cobb said that Austin Flake's status as a U.S. senator's son played no role in Montgomery's
decision.

"Montgomery has said on multiple occasions that his office does not mix politics with charging decisions," Cobb said. "Some people are never going to be convinced. We evaluate all of our cases on the evidence."

In this case, Cobb said, the evidence turned over by sheriff's investigators on Aug. 27 was voluminous: 2,500 pages and 12 discs.

In a statement, Sen. Flake said, "This is simply the next step in the legal process, and I have confidence in that process."

Dennis Wilenchik, an attorney for the Flakes, said he will file a motion to dismiss the case or remand it back to the grand jury. He said there is no evidence that the Flakes committed any crimes.

"They're innocent. They will be proven innocent," Wilenchik said. "There is no evidence to convict them of any felony charge."

The fraud charge mirrors the allegations in a civil lawsuit filed by John Schill and Shawn Cunnington, the attorneys representing the dog owners. The suit alleges the dog owners were fraudulently led to believe their pets would be roaming free at Green Acre, playing with the Hughes' children, sleeping under their beds and frolicking in a spacious backyard.

Instead, the dogs were kept in a "dog room" that was not shown to prospective customers on tours of Green Acre. The 9-foot-by-12-foot room is where the Flakes said they left the dogs on June 19, and it was where the dogs were supposed to sleep. The Flakes found many of the dogs dead or sick the next morning, the suit said.

Schill said he and dog owners welcomed the charges after a painful
ordeal.

"There is a relief. There is a sense of sadness. You can't bring their family members back," Schill said. "Now, they know they have support: The county attorney and the grand jury feel a crime has been committed."

Schill said he is hoping for a prison sentence if the Hugheses and Flakes are convicted.

Republic reporter Paulina Pineda contributed to this article.