Court Awards Thirty-Eight Dogs to State

On Friday January 21, 2011, Judge Gary D. Thomas ruled that defendant Robert Kyle Bartz had cruelly treated forty-two dogs, and ordered them into the care of the state. Assistant District Attorneys Trevor Theilen and Kristin M. Kaye represented Anderson county in the civil hearing. 

The evidence against the defendant included approximately forty pictures which depicted animals kept in appalling conditions, some held by chains only a few feet long. Many of the animals were held in small pens with no protection from the elements and no way to escape standing in their own feces. 

Robert Kyle Bartz, 62, of Palestine was arrested and charged with cruelty to non-livestock animals Friday January 14, 2011 as authorities served a warrant to all the dogs at his residence in the 700 block of CR 199 off of U.S. 84, east of Palestine. 

Animal Control Deputy Michele Defore began investigating the case Jan. 9 after receiving an anonymous call that conditions at the property were deplorable. At the hearing, Deputy Defore testified the defendant admitted that he owned the dogs and that he claimed used to show them and use them in hog trials. Defore also testified temperatures in the preceding days had plummeted into the 20’s, and that the animals had no shelter or any way to keep warm. Several of the puppies removed from the property later sickened and died from a preventable disease. 

The defendant took the stand in his own defense and testified that he sold many of the puppies for profit. The defendant admitted he had too many dogs but also stated that he would not consider spaying or neutering his animals to prevent unwanted litters. Fourteen of the dogs seized were described as “puppies” by the sheriff. The defendant tearfully told the court, “I love those dogs. I don’t consider myself a man who would ever be cruel to an animal” The defendant also stated that, “In life we have to make choices. I know I can’t have them all back. I have a list of about fourteen that I would like back. Eight of them are puppies I wouldn’t even keep, I would sell them.” 

In closing argument, Assistant District Attorney Kristin M. Kaye observed that it was telling what choices the defendant had made. All the animals the defendant requested back were purebred animals worth money and puppies he intended to sell for profit. 

Anderson County Justice of the Peace Gary Thomas awarded the animals to the county as well as $3461.49 to cover the care of the animals. Breeds seized included Catahoulas, Curs, two pit bulls and other “mixed” dogs. The dogs are currently being housed at the Anderson County Humane Society and are available for adoption to loving homes.