Couple sentenced for animal cruelty conviction

In the presence of more than a dozen volunteers from the Flathead Spay & Neuter Task Force who helped take care of their more than 100 cats after they and the animals were rescued from snowbound trailers last December, Cheryl and Edwin Criswell were sentenced for their felony convictions of aggravated cruelty to animals Thursday evening.

District Court Judge David Ortley listened to testimony and arguments for more than two hours before handing down the sentence, suggestions for which varied widely between the prosecution and defense.

Deputy County Attorney Kenneth Park argued for, among other things, restitution of more than $400,000 in boarding fees for the Flathead County Animal Shelter. That amount was based on the agency’s boarding fee of $25 per day per cat.

From the perspective of defense attorneys Nicholas Aemisegger and Lane Bennett, not only should the Criswells not have to pay that amount, they should have been allowed to keep four of the cats that had been taken. The attorneys also said the guinea pig and puppy the Criswells obtained after their animal cruelty conviction should be returned, even though owning those animals was a violation of the terms of the couple’s release, and that another elderly dog, which they had been allowed to keep, should stay with them as well.

Ortley’s judgment landed somewhere in between.

Lacking any prior felony convictions, Cheryl Criswell was eligible for a deferred sentence. Ortley gave her a two-year sentence to be deferred for six years to allow the state the longest amount of time possible to monitor her behavior and actions. He also ordered her to continue with her mental health assessments and treatment at her cost and complete cognitive principles and restructuring at the discretion of her probation officer.

“I don’t doubt for a minute, Mrs. Criswell, that you at all times were operating under the best of intentions,” Ortley said, “but I have no doubt that you were operating in a fog and had no appreciation for what the animals under your care went through.”

Cheryl Criswell was also ordered to complete up to 200 hours of community service, also at the discretion of her probation officer. Ortley diverted from sentencing suggestions in the presentence investigation report, however, and left open the option of her completing community service hours with an agency that involves the care of animals, should one accept her. He extended the same opportunity to her husband.

Edwin Criswell, who has a past felony conviction, was not eligible for a deferred sentence, and so was given a two-year suspended sentence with 25 days credit for time served. He was ordered to complete 200 hours of community service.

Each was ordered to pay $160 in court fees and surcharges, a $500 public defender fee, $100 in prosecution fees and $270 in mediation fees. They were ordered to jointly pay $14,684.47 in restitution to the Flathead County Animal Shelter for cat food, litter, outside veterinary care and other supplies.

Both were ordered to seek and maintain employment, but in Cheryl Criswell’s case a stipulation was added that she do so as she is physically and mentally able.

Both were barred from operating or having any involvement in any kind of animal rescue operation. They were also barred from baby-sitting anyone else’s animals at any time.

The big question on the minds of attendees at the hearing, as well as the Criswells, however, was whether they would be able to have any other animals.

Ortley said they would be allowed to keep the elderly dog they already have and could each have one companion animal that must be spayed or neutered. Before either is allowed to have a companion animal, it must be determined that they have a proper location to house the animals and the ability to care for them.

He also ruled that those companion animals could not be any of the cats that were taken from them.

“These cats have suffered enough at the hands of the Criswells. They need to go to new homes,” Ortley said.