ABC-7 UPDATE: ‘Backyard breeder’ gets community service

A woman who admitted to El Paso Animal Services officers that she did not have the proper permits to breed or sell puppies, that she was selling underage animals, and that she had brought puppies into the U.S. from Mexico without claiming them to proper authorities, has been sentenced to 80 hours of community service.

ABC-7 was in the courtroom on Dec. 1 when Abigail Carrillo pleaded not guilty to one count each of not having a breeders permit, lack of a litter permit, lack of a sellers permit, selling underage animals, and lack of vaccination, registration and microchip for two animals.

Carrillo was the woman ABC-7 caught on camera selling a 4-week old Siberian Husky pup to an undercover employee from the Humane Society of El Paso in August. The transaction happened in the parking lot of Cielo Vista Mall. The employee was working in conjunction with the city’s Animal Services Department and ABC-7 to show the problem of so-called backyard breeding, or the selling of animals by people who do not have the proper permits to do so, in El Paso’s city limits.

The employee found an advertisement for the husky puppies on Craigslist. After making initial contact with the advertiser, the advertiser initiated the date, time and location of the sale.

In a lengthy statement to Municipal Court Judge Cheryl Lay, Carrillo testified through a translator that the husky puppies were not hers.

“Since my dad has cancer, my mom asked if I could sell them,” Carrillo told the judge. “They said I would get a rehoming fee.” Carrillo had asked the Humane Society employee for $250. Title 7 of the city’s municipal code, which regulates animal sales and ownership, specifies that sale or rehoming fees must not surpass $150.

In a seemingly conflicting statement, Carrillo also testified that she was selling the puppies in El Paso because she “didn’t think anyone sold dogs like that” here.

In August during the encounter at Carrillo’s home, the supervisor for Animal Services told ABC-7, “She’s alleging that she brought the female (dog), the puppies from Mexico to sell them– rehome them here.” Carrillo denied that allegation in court.

During her testimony, Carrillo repeatedly talked about the ABC-7 news cameras that were recording her interaction with Animal Services officers at her house. ABC-7 did not attempt to enter her home, nor did the crew trespass on her property. She also asked if it was a crime for ABC-7 to “accuse me of having a breeding operation.” ABC-7 did not identify Carrillo in the report that aired in October.

Judge Lay found Carrillo guilty of two counts each of lack of registration, vaccinations and microchip and one count each of no breeder, litter or seller permit, and selling underage puppies. The fines totaled $1,027. Lay told Carrillo that she could offer her community service if she was unable to pay the fine, which Carrillo accepted. She was then sentenced to 80 hours of community service to be completed in 6 months.

Carrillo did not want to comment on the case to ABC-7.

The executive director of the Humane Society was in the audience during the trial and was visibly upset after the verdict.

“It seems to me, the violations were serious enough that there should have been some financial consequences,” Betty Hoover said. “We came to this trial very prepared to offer evidence in support of the allegations that were levied against her and I’m not happy with the outcome.”

Kurt Fenstermacher, the director of the city’s Animal Services department, was more optimistic, pointing out that this is the first time a case involving Title 7 violations has resulted in a penalty of community service served at the city’s shelter.

“I think there may be an opportunity to help change the behavior, (and show) that this is not an acceptable practice,” Fenstermacher said.

ABC-7 also followed the case involving Silvia Rivero, the woman who was taking deposits for 4-week old puppies advertised on Craigslist. The undercover Humane Society employee reported her to Animal Services after the two met to discuss a pet transaction at Rivero’s home.

After pleading guilty to two counts each of lack of microchip/vaccination/registration, and one count each of breeding and selling without a permit, no litter permit, and selling underage animals, Municipal Judge Albert Weisenberger sentenced Rivero to fines totalling $1,254, issuing the maximum fine of $500 each for lack of seller and litter permits.

“If your husband is responsible, make him pay for it,” Weisenberger told Rivero after she told the judge that the dogs were not hers. The judge added, “He needs to get out of the dog-breeding business.”

Rivero also declined to comment.

Fenstermacher said the variance in the sentences between two similar cases is a reason why Animal Services is looking at the possibility of transitioning cases out of Municipal Court and handling them administratively.

While he was pleased with the outcomes, Fenstermacher said he did not think that slapping offenders with hefty fines always fixes the problem.

“I think that’s one of the things we’re learning during this past year of a renaissance of animal services and animal welfare here in El Paso, is the lack of education that we have given to the public,” Fenstermacher said.

Animal Services is hoping to change that by putting more emphasis on informing residents about the city’s pet ordinance.

“We used to do canvassing many years ago, where we literally have officers that … knock on doors,” Fenstermacher said. “I think that community education piece is something that we’ve long been missing and (we) are in the works of putting that back in place come the new year.”

Fenstermacher would like to see officers approach pet owners to ask them if they are updated on the required paperwork — and if they aren’t, to inform them about what the owners need to do to come in compliance, rather than issuing citations.

In the meantime, Fenstermacher urges everyone to learn about what is legal and not legal regarding pet ownership and sales, and report unlawful activity to Animal Services.

The Humane Society asks potential pet owners to adopt from a reputable shelter or reputable and licensed breeder.