Shelter donations should count toward dog hoarder’s fines, attorney argues

MUSKEGON, MI – A former owner of a Norton Shores dog rescue who was charged with animal cruelty last year is asking that she be allowed to pay less to the shelters who took in dozens of dogs after her arrest.

Lisa Cober’s attorney said donations received by the two shelters during that time should be considered and subtracted from the amount Cober will pay in restitution.

A total of $37,433.57 was requested from Cober by two local shelters. Muskegon’s Big Lake Humane Society is asking for $21,958.86, while West Olive’s Harbor Humane Society is requesting $15,474.71.

The case started in January 2023 when police removed 78 dogs from Cober’s business that she ran out of her Norton Shores home. Dogs were locked in cages and in some cases, living in urine and feces.

The dogs were divided up and sent to different state-regulated animal shelters. Some of the dogs died of illnesses – like distemper – in the weeks after the rescue.

Big Lake Humane Society took in 18 dogs, of which three died from distemper, a highly contagious and dangerous disease affecting dogs. Harbor Humane took in 20 dogs, of which six later died.

Both shelters were impacted by the intake of the “Cober dogs,” especially Big Lake, which was shut down for 35 days to prevent the spread of distemper among dogs and by volunteers.

Big Lake Executive Director Alexis Robertson testified Tuesday morning in the Muskegon County Courthouse that she had to pay her staff overtime to make up for the labor lost from volunteers.

Big Lake requested Cober pay for medical expenses, wage increases, and potential adoptions lost when the shelter was closed.

Robertson said that number was likely “significantly less” than total expenses taken on by the shelter following Cober’s arrest.

She said the shelter adopts out on average 40 dogs a month, with fees ranging from $100 to $300 per dog.

Muskegon County Circuit Judge Matthew Kacel noted that was “a pretty big chunk of revenue lost” for the shelter.

Robertson said she calculated that Big Lake received $6,835 in donations via the organization’s website, Facebook and Venmo that mentioned the Cober dogs during that time period, approximately January to June 2023. That number also includes adoption fees from Cober dogs that were adopted out.

Cober’s attorney Robert Hedges questioned Harbor Humane Executive Director Jennifer Self-Aulgur, during her testimony, on a Facebook post by the shelter that talked about the intake of the Cober dogs and the shelter’s need for donations.

“I think people realize when we take on something like this, our day-to-day operations are jeopardized,” Self-Aulgur said. “I don’t think people donated with the intent of Lisa Cober not paying restitution.”

Self-Aulgur said a situation like this “certainly puts a strain on your organization.”

She said the organization’s Hope Fund, a rainy-day reserve fund, was depleted in taking care of the Cober dogs. Self-Aulgur also said it would be hard to determine the Facebook donations specifically.

During Cober’s sentencing in May, Kacel didn’t order any jail time. Instead, he placed Cober on a five-year probation period and ordered her to complete 100 hours of community service. While on probation, Cober cannot possess or own any animals.

On Tuesday, Kacel did not reach a decision and said he would later issue a written opinion about whether the animal shelters’ donations would be subtracted from the total fines Cober owes.

The judge said legal statute lays out framework for a third party, who pays for costs incurred by a victim, to be compensated by the defendant. But many donations received by the shelter are made anonymously on social media, and the statute doesn’t address that.

“This statute is outdated for the world we live in,” Kacel said, adding that he wasn’t sure how to determine the donations were directly compensating for the losses incurred by the Cober dogs, since the shelters are constantly taking, and run off of, community donations.

“This is not a real simple case,” Kacel said.

All surviving dogs that Big Lake and Harbor Humane took in last year have been adopted out.

Two-year-old Elvis, a Treeing Walker Coonhound mix, was a later adoption, having been adopted once and returned, then later fostered by a shelter staffer who eventually adopted him.

“After months of building trust and confidence with him, we have been able to see his true personality really shine through. And he is the most loving, loyal and tenderhearted dog I have ever met,” said his owner Courtney Falkowski. “The fear, mistrust, and anxiety is still very apparent from the abuse he endured during the early part of his life with Cober, but it is clear that he is healing with us and we are incredibly thankful to be his forever family.”

elvis

Elvis, a 2-year-old Coonhound mix, was one of the 78 dogs kept in poor living conditions by Lisa Cober, formerly Cober’s Canines.Photo provided to MLive by Courtney Falkowski

Falkowski said Elvis was found in a backyard shed where many dogs were kept in stacked cages, and he now has a “huge crate phobia.” He paces, doesn’t nap easily during the day, and is distrusting of new people.

“He is easily frightened by everything,” she added.

Assistant Prosecutor Chas Koop II referred to Cober’s actions as “classic hoarding behavior.”

Koop said some individuals who adopted dogs from Cober drafted letters to the court for sentencing “detailing their experience and the financial burdens shouldered as a result of adopting a dog from Cober.”

However, Koop said those people don’t count as victims for this particular case relating to the seizure of the 78 dogs last January.

“While multiple individuals came forward after the fact detailing similar harrowing accounts and neglected dogs that required extensive medical care, those individuals were not named ‘victims’ under the Crime Victim’s Rights Act,” Koop said.

During her sentencing earlier this year, Cober read from a letter, telling the judge she never abused, neglected or tortured any animal that was ever in her care.

“I got in over my head… which with a rescue, is easy to do,” she told the judge. “All I wanted to do was save them.”

She said she’s never getting back into the animal rescue business. If she could do things differently, she would, Cober said.

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