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Kapsa sentenced: felony aggravated animal cruelty

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Reporting for KTVQ in Billings
Reporting for KTVQ in Billings

Tuesday, Ballantine dog breeder Linda Kapsa was sentenced for felony aggravated animal cruelty. 

Late last year, the Yellowstone County Sheriff's office seized nearly 200 of Kapsa's dogs. During the two seperate raids, authorities removed many sick and injured English Shepards from 23-50 South 14th Road in Ballantine. They also found twenty dead dogs.

Tuesday, the courtroom was full as 59-year olf, Linda Kapsa was sentenced in court. She was
sentenced for felony aggravated animal cruelty.

Kapsa gets to pick her three dogs and once she does all the dogs will be taken to be spayed and neutered and adopted out immediately. 

Now for a final tally, more than $40,000 in cash donations rolled in to help the dogs during their stay at MetraPark in the past seven months. But unfortunately for tax payers that doesn't come close to covering the bill of nearly $200,000.

And While it won't cover everything, Kapsa has been ordered to pay $50.00 a month in restitution for the next 20 years.


Ballantine dog breeder Linda Kapsa, who's accused of animal cruelty, has changed her plea.

Standing before Judge Susan Watters in Yellowstone County District Court on Thursday morning, Kapsa changed her plea from not guilty to no contest.

The change of plea means she still considers herself not guilty but feels the state has enough evidence that a jury would find her guilty in trial.

The state of Montana is accusing Linda Kapsa of one count aggravated animal cruelty after seizing nearly 200 English Shepherd dogs from her Shady Lane kennel back in December 2008.

Under the plea agreement, Kapsa gets to keep six spayed or neutered dogs as companion animals and at sentencing can argue to keep up to 20 unspayed and unneutered dogs that are currently housed at Metra Park.

The petition waves Kapsa's right to petition for return of any of the other dogs remaining and requires the rest of the dogs to be released to an appropriate rescue group with adoption preference to be given to volunteers currrently providing care to the seized animals.

The agreement also limits the number of other animals she can keep on her property in Ballantine to ensure she can provide a livable and humane environment for all of her pets.

The dog-breeder previously claimed she was incompetent to stand trial, but withdrew that claim Thursday before Judge Watters.

At this point more than 200 dogs are being kept at Metra Park, where volunteers have been caring for the animals non-stop since the December 30 seizure.

State prosecutor Ingrid Rosenquist says Kapsa's change of plea will allow the county to find homes for the remaining dogs sooner.

"It will speed up the process completely," says Rosenquist.  "At this point we are getting ready to do a joint motion of release of all but approximately twenty of the dogs in the State's custody.  Once that is signed we anticipate that we can start working to get these dogs spayed and neutered and placed to appropriate rescues to be put in adoptive homes."

Kapsa has agreed to pay restitution as the court orders, but at this point the restitution amount has not been determined.

The Ballantine woman faces 20 years to the Montana Department of Corrections with all that time suspended.

A special sentencing date has not been set at this point.


A hearing was held today in the criminal case against a Ballantine dog breeder who's animals were seized in two raids last year. Medical experts testified in Yellowstone County District Court to see if Linda Kapsa mentally competent to stand trial.

Two forensic psychiatrists performed separate evaluations on Linda Kapsa to determine if she is mentally fit to stand trial. Both doctors believe Kapsa suffers from severe depression and obsessive compulsive disorder.

The defense's medical expert, Dr. Michael Butz testified that Kapsa experiences delusions that she is being watched and conspired against and feels she is not mentally stable for trial.

But a psych-evaluation done by Dr. William Stratford for the prosecution says Kapsa's mental state is perfectly reasonable and rational.

She's fault competent. She's in a lot of trouble. She's ready to move forward and deal with it," Stratford said. "I don't think she is incompetent and to me it is really simple."

Judge Susan Watters will rule on Kapsa's mental-state prior to the trial date. Judge Watters also denied a change of venue motion and took under advisement defense counsel's motions to dismiss the case for mis-using and destroying evidence.

Kapsa trial is set to begin July 13th.


(from April 28, 2009)

A district judge in Billings has granted a motion to delay the trial of a Ballantine dog breeder who is accused of animal cruelty.

Linda Kapsa's trial was originally set for May 4th, but the defense is waiting for a mental evaluation to see if she is able to stand trial.

Since December, over 200 dogs seized at Kapsa's breeding operation have been in the care of Yellowstone County, with the help of many volunteers.

Kapsa's trial is now set for the week of July 20th.

We spoke with some of the volunteers about the delay, as well as having to care for the dogs for another three months.

"We were surprised, and I wish we were going to court next week" stated Operation New Beginnings Coordinator Catherine Schaeffer. "But, if we're not, (then) we will continue to work with dogs to continue socializing and get them ready. That is our goal, so that they can be adopted should the county get possession of them."

Schaeffers added that even more volunteers, blankets, and pet supplies will be needed over the next three months.

Click Here to view charging documents

Click Here to view search warrant


(from the archives)

A trial date has been set for a Ballantine Dog Breeder charged with two counts of felony aggravated animal cruelty.

Linda Kapsa, 59, pleaded not guilty last month in Billings District Court and will go to trial on May 4th. Authorities raided her property in December seizing more than 200 animals, and removing more than 20 dead dogs.

If convicted, Kapsa faces up to four years in prison and a two-point-five million dollar fine.      She is currently free on bond.

Click Here to view charging documents

Click Here to view search warrant


(from January 16, 2009)

 

A Ballantine dog breeder charged with two counts of felony aggravated animal cruelty was arraigned in District Court.

Linda Kapsa, 59, pleaded not guilty to all charges stemming from two separate raids of Shady Lane Kennels in December, where authorities seized more than 200 animals.

Court documents describe the conditions on Kapsa's property as "horrendous".

More than 20 dead dogs were taken from the property, one that was discovered near Kapsa's bed.

If convicted, Kapsa faces up to 4 years in prison and a 2.5 million dollar fine.
Judge Gregory Todd released Kapsa without bond.

Meanwhile, about 20 volunteers continue to care for Kapsa's dogs at Metra Park in Billings.

Operation New Beginnings has been on going now for 14 days and the dogs have been separated into groups of three, with a specific volunteer assigned to each set.
       

A helper spends an hour or so sitting in the stall with the animals so they get used to their presence and scent.

"To gain their trust. To get them familiar with me and just kind of break through that shell and know that they can trust us" said volunteer Jaye Butler.

We're told that over 200 pounds of dog food is used daily to feed more than a 100 dogs.

Anyone who would like to volunteer to lend a hand can call Operation New Beginnings at 256-2478.

Since the the case against Kapsa still ongoing, the dogs are not yet up for adoption.


A Ballantine woman is facing two counts of felony animal cruelty and other charges after two raids on her dog breeding operation last month.

Yellowstone County Attorney Dennis Paxinos says Linda Kapsa, 59, also faces four misdemeanor charges stemming from the raids on December 11th and December 30th.

Investigators say Kapsa failed to properly care for the dogs, which she sold over the Internet.

The December raids led to the seizure of 199 English shepherds and the discovery of two dozen dead dogs at Kapsa's Shady Lane Kennels.

Investigators have said that one of the dead animals, a pug, was found beside Kapsa's bed.

The felony charges each carry a maximum penalty of two years in jail and a fine of up to $2.5 million.

Paxinos says Kapsa could be arraigned as soon as Tuesday.


(from January 8, 2009)

Yellowstone County continues to feed, shelter, and care for the nearly 200 which were seized from a Ballantine dog breeder.

The bills are brewing when it comes to sheltering and caring for the dogs following the December 30th raid as the county has already been billed $9,400. Yellowstone County Undersheriff Jay Bell says that's just the tip of the iceberg.

Some 50 dogs are being cared for at the Big Sky Pet Center, at a cost of $10 per day, per dog.

"We have some that are over there for medical reasons. We also have mothers with litters that the puppies were too little, we didn't want to bring them out here with the weather the way it is" explained coordinator Catherine Schaeffer. "And then we have pregnant females that we think are due anytime."

Some $3,600 in donations has been raised so far to help with the cost of caring for the dogs.


(from January 3, 2009)

Since the seizure of the Ballantine animals on Tuesday, donations and phone calls have flooded the Yellowstone County Sheriff's Office and the Operation New Beginnings offices.

The group has created a make shift operation at the MetraPark that is caring for almost 200 dogs, as well as some chickens, with the help of volunteers.

Thanks to the donations of many, they've been able to keep up with the animal's demand for food and warmth. Meanwhile, the sheriff's office has been overwhelmed with phone calls from concerned people in the community.

Throughout the week, people have come by and dropped off blankets, pillows and cash donations for the animals. So far, people have donated about $1,200 and Operation New Beginnings has also received bags of dog food from Petsmart.

Community members have dropped off dozens of blankets for the dogs and Operation New Beginnings officials say that donations of any size are appreciated. For cash donations, you can contact the Yellowstone County Sheriff's Office.

The operation is in need of a sink system to wash the dog's bowls and a trailer or RV.

We also spoke with a Billings man who purchased a dog from Linda Kapsa. Ray Glasgow bought an English Shepherd puppy a few years ago for $400 and described the living conditions for the animals as "horrendous".

After owning his new pet for only one day, he discovered the dog had Parvo, which is a flu-like disease that affects puppies. When he called Kapsa to tell her about the puppy's condition, she said he could return the dog, but Glasgow declined the offer, saying he didn't want the puppy to live in such awful conditions.

Despite veterinarian efforts and more than $600 in bills, Glasgow's puppy did not survive. He contacted Kapsa again to inform her of his pet's death, but she refused to refund his money, and instead gave him a new puppy.

Glasgow released this statement to Montana's News Station saying, "I firmly believe that she loves those dogs, but became overwhelmed over time. I think she should be locked up just like those dogs were."


(from January 2, 2009)

The Billings veterinarian overseeing the dogs taken from a Ballantine kennel operation says they face a number of serious medical issues.

The most severe case ended in the amputation of one of the dog's legs. Dr. Rob Bruner of Big Sky Pets is caring for 47 animals that were seized in Tuesday's raid at the Shady Lane Kennels in Ballantine.

Bruner is caring for two pregnant dogs, three moms with litters, three cats, and 10 cockatiels.

He believes that after witnessing the living conditions, and inspecting their health, the animals had neglected. The health issues range from parasites, fleas to severe infections.

Bruner tells us once the sick animals recover they'll be cared for at the Metra. The immediate health concerns include getting rid of the parasites and de-worming the dogs.

Bruner added that if the animals get proper medical care, then he thinks they'll be good candidates for adoption.

After acquiring nearly 200 dogs on Tuesday, Operation New Beginnings has had its hands full. Besides massive amounts of paperwork, they're coordinating the dog's schedules with volunteers.

We've been keeping tabs on the dogs since they were brought in and we can tell you what a massive undertaking the operation has been.

But, the dogs are finally settling into their temporary homes and it couldn't be possible without the help of many people.

Operation New Beginnings Coordinator Catherine Schaeffer says she's optimistic, but the task of organizing feedings, cleanings and volunteering efforts has taken an army of people.

"You know one person, there' no way one person could've done the things that we re doing here."

Meanwhile, phone calls have flooded in across the state from interested volunteers. Schaeffer says it'll take a week or two to get back to all of them, but that volunteers are vital to this operation.

One of the volunteers is Barb Berry who says she may not have a lot of time, but the dogs deserve any bit she can donate.

"These dogs didn't ask for this, they didn't ask to be treated the way they were."

The operation is currently focusing their efforts on basic needs and securing the barn, so that animals don't escape according to Schaeffer.

"As you try and secure a spot in a stall, they're off digging another spot to because they re scared of people...they have the pack mentality."

Changing the pack mentality is a hurdle that the volunteers will face, but some say they are ready for the training that's ahead.

Anyone interested in helping these dogs out can contact Operation New Beginnings at 256-2478. Cash donations would also be appreciated, and you can contact the sheriff's office.

The Yellowstone County Sheriff's Department has not been able to locate 50 to 60 pugs that were at the Ballantine kennel when officers first checked out the situation in early December. Anyone with information on the missing pug dogs, are urged to contact the Yellowstone County Sheriff's Office.

While several Billings residents have expressed an interest in adopting the dogs seized from the Ballantine kennel, local dog trainer Helene Tiefenthaler recommends caution before taking rescue pets home.

She says there are many challenges owning such dogs because they're likely to suffer from many behavioral issues. Before adopting any kind of rescued animal, Tiefenthaler suggests making sure every member of the family is willing to work with the potential pet.

The rescued dogs are not up for adoption yet because they're considered evidence in the ongoing case.


(from January 1, 2009)

County authorities, local veterinarians, and volunteers have their hands full at Metra Park in Billings following the recent raid of a Ballantine dog kennel.

Some 189 dogs, 27 chickens, 10 cockatiels, and one cat were seized from the residence of Linda Kapsa in Ballantine on Tuesday.

The raid, combined with one which took place on December 11, means that over 200 dogs have been removed from Kapsa's property. Authorities say the main reason for the removal is an overall lack of care.

Montana's News Station has learned that although 202 dogs are still alive, authorities did find 11 dead canines during the search Tuesday, including one found beside the breeder's bed. Meanwhile, some 13 dogs were discovered dead during the first search in early December.

Of the dogs that were brought in Tuesday, 30 were re-examined Wednesday that were thought to have more serious health issues.

The canines, consisting of mainly English Shepherds, have been separated, with the majority of the healthy ones staying at Metra Park housed in barn stalls, while others have been taken to the Billings Animal Shelter.

The dogs in the most grave conditions are at Big Sky Vet Clinic.

At this point no charges have been filed.  Yellowstone County Undersheriff Jay Bell tells us that in the state of Montana there is no law stating how many animals are allowed on a property and breeders do not have to have a license.

Bell says the investigation is ongoing and it is hard to tell how long it will last.

"It could take some time on this one because there are so many dogs and so many dynamics involved in this case.  We have the veterinarians filing reports in this, we have the Humane Society of the United States that will be filing reports.  Once all of that gets put into play, best case scenario middle of next week, but it may be longer than that before all of that gets put together."

Authorities are still searching for any information on the whereabouts of about 50 to 60 pugs that were at the house during the first raid but were gone when authorities moved in Tuesday morning.

The Sheriff's office and Operation New Beginnings have received an overwhelming amount of calls about the dogs. Both offices say people have been calling and inquiring about adopting the 200 dogs. The dogs cannot be adopted until the investigation is complete, or they're turned over to the county. Right now the dogs are evidence in the case.

However, Operation New Beginnings is in need of volunteers to help take care of the animals.

"There will be everything from cleaning the stalls, feeding, and paperwork.  Eventually, none of these dogs are leash trained," said ONB Coordinator, Catherine Schaeffer.

If you are interested in donating your time or money, contact Last Chance Cat Sanctuary at 248-2388 and leave a message.

The National English Shepherd Rescue is also ramping up its efforts to help with the care and potential placement of the dogs involved. They've set up a special Montana Rescue Fund to help with food, supplies, Vet care, transportation, or anything else that might be needed for this rescue effort.  For a link to that site, CLICK HERE.


(From the archives)

All of the animals seized Tuesday near Ballantine have been taken to MetraPark in Billings, where they will be housed until the investigation is completed, or they are turned over to county officials.

Since Tuesday morning, dogs have been coming in by the truck load, and by 5:30 Tuesday evening, the dogs were still being transported in to the site. Yellowstone County is calling the relocation Operation New Beginnings.

Throughout the day, over 200 dogs were brought to the Metra, most of them English Shepherds. Investigators were unable to find 50 pugs at the Ballantine property.

 Volunteers from different animal hospitals and organizations took the scared dogs in and after they were able to calm them down, gave them physical examinations, rabies shots and microchipped them.

They also checked for Parvo and found several cases. Some volunteers wore special covering to prevent disease or lice from spreading.

"It's a huge, huge undertaking. You're dealing with lives here and you've seen some of the animals here, they are scared to death. They've been taking away from the only area and the only person they know," said Operation New Beginnings Coordinator Catherine Schaeffer.

Certified Veterinary Technician Denise Holt examined the dogs throughout the day and said "It's a sad scenario. These dogs are all very kind and sweet, just very scared. You really have to take your time with them and show them that we're here to help."

Anybody who's wondering about adopting the dogs is being reminded that the animals are live evidence and cannot be adopted until the investigation is over. But, if or when that happens, there will be a big need for homes.

Officials with the Yellowstone County Sheriff's Office tell us that they are currently footing the bill for the dogs and will pay for all costs, such as overtime costs and some of the animal's care.

The county has been fortunate enough to receive donations from PetSmart, Shiptons and individual donors.

Operation New Beginnings is going to need a lot of volunteers to help exercise and socialize the dogs, as well as feed and clean them.

Anybody interested in lending a hand can contact the Last Chance Cat Sanctuary at 248-2388 and leave a message to donate food or time. 


(from December 30, 2008)

Authorities have seized about 300 dogs from a home near Ballantine. A search warrant was issued Tuesday morning to Linda Kapsa the owner of the "Shady Lane Kennels" at 2350 South 14th Road.

Yellowstone County Sheriff's Department, Animal Control, and the Humane Society removed the dogs because of potential animal cruelty.

This is the second time this month authorities have taken animals from Kapsa. On December 11th, Yellowstone County Animal Control Officers removed ten sick or injured dogs, two cats, and 13 dead dogs.

Over the past three weeks, investigators have been looking at evidence gathered from Kapsa's property which led to the animals being removed Tuesday morning.

All of the seized animals have been taken to Metra-Park where they will be housed until the investigation is done or they are turned over to the county.

Dogs were hauled to Metra-Park by the truck load, in a relocation effort the county is calling, "Operation New Beginnings."

Over 200 dogs were brought to the Metra, most of them English Shepherds. Investigators were unable to find 50 pugs at the Ballantine property.

Volunteers from different animal hospitals and organizations took the scared dogs in and after they were able to calm them down, gave them a physical examination, rabies and micro chipped them. They also checked for Parvo and found several cases.

Some volunteers wore special covering to prevent disease or lice from spreading.

The dogs won't be available for adoption until the investigation is over, but if or when that happens, there will be a big need for homes.

Operation New Beginnings is going to need a lot of volunteers to help exercise and socialize the dogs, as well as feed and clean them. You can contact Last Chance Cat Sanctuary at 248-2388 and leave a message to donate food or time.


Kapsa sells puppies on the Internet for $650 apiece.

On the web site www.puppyfind.com she says she can ship puppies anywhere by air and has been doing it for years. The site also states that the dogs are calm, intelligent that are excellent farm dogs, guardians, and devoted family pets. 

2315 S. 14th Road near Ballantine and Warden

 

 

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