Dog dumper can't keep animals

GRAND ISLAND, Neb. — Denise K. Withee, who was convicted of dumping dead and dying dogs in a cornfield, has been prohibited, as part of her probation, from owning or living with any animal for five years.

Withee, 46, of Hastings, Neb., and formerly of Mapleton, Iowa, was convicted by a Hall County District Court jury in July of three counts of felony cruel neglect of animals.

She was sentenced Thursday by Hall County District Judge William Wright to four years of probation for each count. The sentences will run concurrently.

Just prior to the announcement of her sentence, Withee said she intends to remain in Hastings, where she is renting a trailer. She also said she is undergoing counseling.

“I know what happened was wrong,” she said. “I’ll follow all the procedures they want me to. I’m sorry for what I did. I wasn’t in the right frame of mind.”

The charges were filed after three dying and 20 dead dogs were found in a cornfield near Grand Island on July 31, 2008.

The dogs were traced to Withee, who said she had become ill while driving near Grand Island, pulled over, and passed out. When she awoke, she said, some of the dogs were dead.

She testified at her trial that she had attempted to resuscitate the animals.

As part of her probation, she must also perform 100 hours of community service, complete treatment for mental illness, continue with the mental health care she’s already receiving, continue to take her prescribed medication, and take part in any psychiatric residency recommended by those treating her.

If she doesn’t comply with her probation orders, she could be sentenced to up to 160 days in jail over the course of the probation. If she is found in possession of any animal, her probation could be revoked and she could face misdemeanor charges.

Laurie Dethloff, Central Nebraska Humane Society executive director, said she was disappointed by the sentence. She said she understands the laws’ limitations and said this case reflects that there is work to do to change those laws.

She said she found it reassuring, though, that Withee has been ordered not to own animals. But she said she would have liked to see the order extended to five years for each of the counts.

In court, Deputy Hall County Attorney Aaron Kunz said Withee has stuck with the same story throughout the case. He believes that indicates a lack of responsibility and credibility.

“She says she’s been treated unfairly,” he said. “She wants to be treated as a victim when, in fact, the animals were the victims in this case.”

Kunz didn’t believe her story of how she had passed out and then tried to resuscitate the dogs. He said it’s clear she has physical problems and a mental illness, but he said she is offering excuses to deflect responsibility for her actions.

As a result, Kunz said, he doesn’t believe Withee will be successful on probation.

But attorney Langvardt said, “There was no one who felt worse about the fate of those dogs than Ms. Withee.”