Man summoned in puppy sale case

BANGOR – After bargaining between the prosecutor and the accused broke down, authorities summoned an Orono man this week in connection with the illegal sale of puppies by a family-operated, unlicensed pet dealership.

Two other family members involved in the Bangor-area operation, where puppies were sold out of the back of motor vehicles for more than a year, reached an agreement with the Penobscot County District Attorney’s Office. The agreements include restitution and fines of more than $27,000 for both.

Earlier this week, Michael Hughes, 35, of Orono pulled out of negotiations. On Thursday he was issued six summonses, two of them criminal and four civil, Assistant District Attorney James Diehl said Friday. The two criminal charges are cruelty to animals and failure to provide necessary medical attention to animals, each carrying a punishment of up to 364 days in jail, the prosecutor said.

He also was summoned for maintaining a pet shop without a license, failing to maintain pet shop records, failing to disclose pet shop statements and dealing in prohibited sales. His court date has been set for Oct. 12.

“Michael Hughes has decided not to accept responsibility, and we are pressing charges,” Diehl said.

According to court documents, the family had been operating an illegal pet shop dating back to 2003.

State animal welfare agents and state, county and local law enforcement agencies seized nearly two dozen puppies as authorities executed search warrants June 2 at homes in Glenburn, Orono and Bangor and the Kelley Car and Truck Center in Bangor.

Donald Kelley, 54, of Glenburn; his wife, Marty [Hughes] Kelley, 31; her brother Michael Hughes, 35, of Orono; and their mother, Mary Hughes, 72, of Bangor, signed the agreement in June turning custody of the puppies over to the state.

Also relinquishing any ownership rights was Donna Foss, 56, an Athens breeder who recently sold 17 Shih Tzu puppies to Marty Kelley, according to court documents. Foss told a state official she hadn’t been paid for the animals. A Penobscot County prosecutor said Friday that the county is not pursuing a case against Mary Hughes. State animal welfare officials will be taking up any violations with Foss.

Donald and Marty Kelley reached agreements with the prosecutor and had signed off on fines and restitution amounting to $27,296, Diehl said. They also agreed to admit to the civil charges of cruelty to animals and maintaining a pet shop without a license.

Agents with the State Animal Welfare Program contended that the family was operating as an unlicensed pet dealer. The puppies were sold out of motor vehicles after customers called a phone number they saw in ads in local and statewide publications.

State officials also said the family failed to provide proper medical care, according to court documents. All 23 puppies tested positive for parasites, including Giardia, which also can infect humans. Some of the puppies had roundworm and fleas. Without treatment many wouldn’t have survived, state veterinarian Dr. Christine Fraser concluded, court documents indicated.