A 68-year-old Kahaluu man was indicted Tuesday by an Oahu grand jury for allegedly operating a puppy mill at his home, where 33 animals were housed.
James Montgomery, who pleaded guilty to 55 counts of animal cruelty 10 years ago and was fined $5,500, was indicted Tuesday and arrested at his home on one count of first-degree and second-degree animal cruelty. He was released after posting $25,000 bail.
Second-degree animal cruelty is typically a misdemeanor but becomes a Class C felony if the offense involves 10 or more animals, the city Prosecutor’s Office said. First-degree animal cruelty is a Class C felony punishable by up to five years in prison.
Montgomery, a former Kaiser High School teacher, will be arraigned today in Circuit Court.
Montgomery was initially arrested on a felony animal-cruelty charge May 21 after police and the Hawaiian Humane Society raided his Mahakea Road home. He was released pending further investigation until police arrested him again Tuesday afternoon after the indictment.
Police had been called several times in May by Montgomery’s daughter and a neighbor who complained about the condition of the animals, and 33 dogs were seized. Two were found in a trash can — one dead and the other emaciated and anemic.
About 10 dogs were in a windowless bunker at the bottom of a hillside in the backyard, and about 15 were in a structure connected to the home. About a half-dozen newborn puppies were taken from another part of the home, the humane society said at the time of the raid.
The humane society reported there was no lighting in the bunker and that dogs were raised in the dark in cages with wire bottoms, allowing urine and feces to fall through. The bunker had no ventilation, and the animals were kept without food or water. The dogs are now in animal foster care.
This is the second time Montgomery has been investigated for animal cruelty.
In 2005, 64 dogs and puppies were taken away from him. Montgomery was charged with and pleaded guilty to 55 counts of animal cruelty. He was fined $5,500.
Under a 2006 plea agreement Montgomery was granted a deferred acceptance of a guilty plea, which allowed the conviction to be removed from his record. The confiscated animals were returned to him after the case ended and he was allowed to sell the animals.
