a CLERK OF CISTRIGT COURT Susan L. Weber THEN Chief Deputy County Attorney ‘m0 MAY Je PH Ge 36 JOSHUA A. RACKT Cascade County Attorney’ ED 121 4th Street North - 7 Great Falls, MT 59401 i Telephone: (406)454-6915 Attorneys for the State MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY i ) STATE OF MONTANA, ) CDC -20-310 Deca No! Plaintify, ) ) vs. ) i : ) AFFIDAVIT, MOTION, AND PAMELA JO POLEJEWSKI, ) ORDER FOR LEAVE TO FILE ) INFORMATION DIRECT Defendant. ) ) STATE OF MONTANA’ )* County of Cascade ) : The undersigned “Chief Deputy County Attorney. of Cescade County, Montana, being first duly sworn, moves the Court for leave to File on Information charging the above-named defendant with: I! COUNT I: AGGRAVATED ANIMAL CRUELTY, 4, Felony, ih violation of M.G.A. § 45-8-217 (2), : COUNT I: CRUELTY TO ANIMALS (1ST OFFENSE), a Misdemeanor, in violation of M.C.A. § 45-8-211(1)(a).| COUNT II: CRUELTY TO ANIMALS (1ST OFFENSE), a Misdemeanor, in violation of M.C.A. § 45-8-211(1)(a). {| COUNT IV: CRUELTY TO ANIMALS (1ST OFFENSE), a Misdemeanor, in violation of M.C.A. § 45-8-211(1)(a). COUNT V: CRUELTY TO ANIMALS (1ST OFFENSE), a Misdemeanor, in violation of M.C.A. § 45-8-211(1)(a). Affiant has reviewed reports submitted by the Cascade County Sheriffs Office. These reports pertain to the events hereinafter described, and on the basia of the same, Affiant makes the allegations hereinafter set forth: On or about May 6, :2020, at around 6:18 p.m., Deputy O'Neill and Deputy Whitsitt responded io a call to a structure fire at 77 Wexford Lane in Great Falls, Montana. A tiailer of some sort had completely burned to the ground and some animals had perished in thi fire, ‘They saw goats, dogs, and horses running loose inside the property. O'Neill then contacted the owner of the property, Pamela J. Polejewski,.as she was removing animals out of,her Prowlor Camper Trailer which was noar the fire. ONoill then began assisting Pamela in the removal of hier animals with included Kittens, puppies, dogs and gferret. ‘The inside of the camper was filthy and smelled of animal wring. There wore blankets, taxps and empty dog food bags covering the camper floor. During the, removal of the animals, O'Neill noticed a dog head between the blankets, tarps and bags. O'Neill asked Pamela about the dog and she told him the dog was dying and very heavy. O'Neill then saw Pamla remove a sickly-looking dog from the camper that had fluid coming from its head.i . | Pamela explained that the structure that burned was her “barn” which was a trailer home converted. Pamela said she smelled smoke but thought it was hor neighbor's fire until she saw a lot of smoke coming from her barn. Pamela went to the barn and began removing dogs and feral cate that were inside. She dropped her phone in the “barn” and was unable to locate it so could not call 9-1-1. A neighbor who arrived on’scene called'9-1-1 for her. Pamela was ashe: if she had any lead ropes and/or halters they could use to catch the loose horses, but she did not. She was asked if she wanted the Department of Livestock inspector to assist her with the horses that wore loose on the property, to which she replied no. Photographs were taken of the scene. While this was being done, law enforcement noticed a cage full of kittens, multiple small fenced areas with dogs, ae dogs running loose on the property, and goats running loose on the property. The cage full of kittens appeared to have so many kittens they barely had any room to move around. The floor of the cage was not visible due to the number of kittens prosent. : Law enforcement saw many dogs in multiple makeshift kennels throughout the property. ‘The kennels were not suitable for the dogs to live in. ‘The foncce were held together With baling string and stacked pallets, most of which’ were falling down, Some had dog housés, but it appears most were covered in shredded tarps with holes torn in the tops that did not provide adequate shelter. (Garbage was piled against the kennels, in the kennels, and on the ground spread out across the Property. It did not appear the dogs had food. ‘There were bones that were picked[ clean spread around the property and in some of the Kennels, ‘Thore‘wore water buckets, but some did not have water in them. Some of the kennels Had so many ripped tarps piled over them and stacked with old tixes, wood pieces, and a metal chair, it was unclear where the dog living in the kennel was. Some dogs had hay scattered on the ground asa floor, but most of the dogs were living in mud from the vain. Multiple ducks and geese were in the same type of environment as the dogs in makeshift fenced areas with a plastic pool with no water in it. No feed for the waterfowl was seen. Goats were running loose, along with 3 horses that were not in corral. 2 horses were in a corral made of fallen down pallets and baling string. ‘The horses in the corral éguld not get to the water trough., On the northwest corner of the property,were 7 more horses. There was a makeshift metal building that did not look accessible for the horses to shelter themselves from the elements. I The property had multiple extension cords strang across the wet ground that appeared to be connected to an electrical box and power pole next to where the fire started. Duck enclosures mado of mesh wire, ripped tarps, andl other objects were extremely close to being burned in the fire. The firefightors wore able to spare the ducks, Tt was clear to law. enforcement that the property was one ee animal hoarding, Pamela has a long history of animal hoarding in Cascado County. A soarcl, warrant wais obtained for the property on May 7, 20%. Detective Krause was named primary investigator and. tho property, was searched with the assistance of other personnel from CCSO, veterinarian Dr, Manzer, and personnel i | i 8from the Great Falls Animal Shelter. ‘The property is a total of 10 acres of rural land with many buildings/outbuildings located thereon as follows: () Brown with blue skirting single-wide mobile home with a red back door, believed to be tho personal residence of Pamela J. Polejewski. (®) A white “Prowler” 5! wheel travel trailer with fadod teal colored stripes on the sides. (8) A green horse-trailer. @ A cream/tan trailer. (©) A metal corrugated carport/shelter, (6) A metal and wood lean to. (1) A smaller white corrugated metal shelter. (8) A green roofed metal corrugated shed. : (9) A wood and chain-link corral that looks like old dog pens. (10) A xed older’ trailer house with a metal door ‘and white X’s down one side with a green and white shed adjacent. (11) Assorted dog/animal houses. r (12) Assorted sheds. Dr. Manzer found a’ mini horse on the Northwest ehd of the property whose feet had not been cared’ for and were so long that they had curled, causing doformities to the horse. ‘The horse also had a swollen nose. Inside the Prowler, ler Dr. Manzer located a deceased bloated dog with a neorotie mouth. ‘There was also a cage containing 6 kittons: ‘There was'a pot bellied pig and 4 puppies running around in their own foces, Dr, Manzer stated that the trailer confinement was eruol to the animals as there was no food or water, the animals were confined with the dead dog and an overabundidnce of fecal matter, and they were unable to escape the trailer. ‘ ' Sergeant Kadner sabi an adult dog removed from inside the Prowler that had a severely disfigured face due to an infection. Dr. Manzer elected to ‘immediatelyeuthanize the'dog to enid its suffering. It was determined that all {he animals needed to be seized so that they could be evaluated and receive proper care, When Krause and others entered what appeared to be the porsomal residence of Pamela they;wére confrdiited again with the smell of urine and fooos. Inside were 10 dogs, one of which was locked im a kennel without water or food. They discovered a tortoise that-was sideways in a cage leaning on the wall. ‘The animal appeared very day and did.not appear to have food or water. Upon examination it was found by veterinarian Dr Gilligan that the tortoise suffered. injury to its shell and injuries to its legs, likely due to the cage. In a bedroom was a ferret in a kennel with no food or water. In the bathroom, Y B was & cookatiel‘and 2 parakeets. Another kennel was in the bathroom ¢ontaining a multi-colored adult cat with what appeared to be swollen eyes. The’ cat had no bedding, food ie water, It'was later learned that the cat had no eyes. Many of the other cats/kittens were sufforing from eye infections that if left untreated can result in the loss of the eyo(s). In the back bedroom a caged rooster with tom back tail feathers was located, as well as two with feral cats that were not. contained. Jn all there woro 172 animals discovered and seized from the property as follows; : : | > 48 dogs > 6 puppies “ > 18 cats : 7 > Gkittens 10> 14 goats 9 horses 7 2 pony 1 misii horse 29 chickens 17 waterfowl 12 rabbits 3 turkeys vvvvvwvwy wv S adult pigs v 8 small pot-belliéd pigs 1 tortoise , 1 ferret vvyv 1 cockatiel 2 parakeets v »1 fish’ > 4 ducklings ‘Those animals that appeared most endangered left the property immediately with the Animal Shelter designees and included approximately 25-30 animals of varying species, Following tho sbarch and seizure ofthe animals, the property Was released back to Pamela’on May 12, 2020. TyPamela élaims to run a no kill non-profit 501.¢.8 corporation named "Hooves Paws and Claws”, an animal sanctuary, However, records indicate this entity was involuntarily dissolved by the Montana Secretary of State in December of 2018. Given thio foregoing,'the undersigned has probable cause to believe that the Defendant has engaged in’activity constituting the offenses of: COUNT I: AGGRAVATED ANIMAL CRUELTY, a Felony, in'violation of M.C.A. § 45-8-217 (2), 1 COUNT. I: CRUELTY TO ANIMALS (1ST OFFENSE), a Misdemeanor, in violation of M.C.A. § 45-8-211(1)(b). r COUNT’ III: CRUELTY TO ANIMALS (2ND OFFENSE), a Felony, in violation of M.C.A. § 45-8-211(1)(e)(ii), COUNT. IV: CRUELTY TO ANIMALS (8RD OFFENSE), a: Felony, in violation of M.C.A. § 45-8-211(1)(¢) ii) 1 COUNT V: CRUELTY TO ANIMALS (4TH OFFENSE), a Felony, in violation of M.C.A. § 45-8-211(1)(0} DATED 14 May 2020, JOSHUA A. RACKT ! Cascade County Attorney Chief Dek of County aan | SUBSCRIBED AND sworn ‘TO before me on the 14th day of May, 2020. 2Notary Public for the State of Montana, Residing at Great Falls, Casea Montana. My commission expires,ORDER ‘Upon examining the Yoiegoing Motion “and AMdavit for Leave to File ae Information; and-it appearing-that there is probable cause to charge| the above namied defendant as stated in the Information, IT IS HEREBY ORDERED that the State of Montana is grantod leave to file ovithe Information as requested by the State's motion. : ITWIS.(FURTHERORDERED A WARRANT SHALL ISSUE {FOR THE DEFENDANT'S ARREST. weDATED this Dye day of May, 2020, at, Great Falls, Montana, DISTRICT COURT JUDG! DISTRICT COURT JUDGE bdr ec: County Attorney/Susan L, Weber teudax's Offico/ _. Defense Counsel cla Public Defender’s Office! eo Defendant — c/o Counsel : GFPD/ CCSOhvarrants 14cr COURT Susan L, Weber CLERK OF STE { 4: 3h Chief Deputy County Attorney JOSHUA A. RACKI mo HAY 14 PI Cascade County Attorney . 121 4th Street North Great Falls, MT 69401 ‘Telephone: (406)464-6915 Attorneys for the State MONTANA EIGHTH JUDICIAL DISTRICT COURT, CASCADE COUNTY ) STATE OF MONTANA, ) Ne Cpe “20-310 Plaintiff, ) ; i ) PAMELA JO POLEJEWSEI, } mrormanion Dendant, Susan L, Weber, Chief Deputy County Attorney for Cascade Couinty, State of Montana, alleges that the above-named defendant, on or about the 6th day of May, 2020, in Cascade County, Montana, committed the offenses of: COUNT J; AGGRAVATED ANIMAL CRUELTY, a Felony, ix violation of i M.C.A. § 45-8-217 (2). The above-named Defendant purposely or knowingly inflicted eruelty to animals on a collection, kennel, or herd of 10 oi more animals, i A person convicted of the offense of aggravated animal cruelty baatt be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both.vi } } COUNT Il: CRUELTY TO ANIMALS (1ST OFFENSE), a Misdbmoance, in Violation of M.C.A. §° 45-8-211(1)(). The above-named defendant, without Justification, Imowingly or nogligently subjected an animal (a tortoise) to mistreatment or neglect by carrying or confining the animal in a cruel manner. A porson convicted of the offense of this offense shall be fined an amount not to excoed $1,000 or be imprisoned in the county jail for a term not to exceed 1 year, or both, COUNT Il CRUELTY TO ANIMALS @ND OFFENSE), a Felony, in violation of MCA. § 45-8-2110)669, The above-named defendant, without justification, knowingly of nogligently subjected an animal to mistreatment or noglect by failing to provide and animal (a mini hosse) in her custody with licensed veterinary or other appropriate medical care in a case of immediate, obvious, corious illness or injury. A a convicted of the offense of this offense shall be fined an, amount not {0 exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both." COUNT’ IY: CRUSLTY TO ANIMALS (GRD OFFENSE), a Felony, in Violation of MCA. § 45-8-241(1)(0)i). ‘The above-named defendant, without justification, knowingly or negligently subjected an animal to mistreatment or noglect by failing to provide and animal (an adult cat) in her custody ‘vith Heonsed vetorinary or bther appropriato medical care in a case of immediate, obvious, serious illness or injury.A person convicted of the offense of this offense shall be fined an amount not to exceed $2,500 or be sentenced to the department of corrections for ai term not to exceed 2 years; or both, ~ | COUNT V: CRUELTY TO ANIMALS (4TH OFFENSE), a Felony, in violation of MCA. § 45-8-211(1)¢) The above-named defendant, without justification, knowingly or riegligently subjected an animal to mistreatment or neglect by failing to provide and animal (an adult dog) in her custody with licensed veterinary or other appropriate medical care in @ case of immediate, obvious, serious illness or injury. A person convisted of the offense ofthis offense shall be fined at amount not to exceed $2,500 or be sentenced to the department of corrections for a term not to exceed 2 years, or both. i DATED this 14th day of May, 2020. JOSHUA A. RACKI Cascade County Attorney ULL Detective Jason Boyd/Cascade County Shoritts Office Sergeant Jonathan Kadner/Cascade County Sheriff's Office [| Captain Scott Van Dyken/Cascade County Sheriff's Office Evidence’ Technicisin Anne Duncan/Cascade County Sheriff's Office Detective Justin Kambic/Cascade County Sheriff's Office Detective Michael Krause/Cascade County Sheriff's Offico Kelly DVM Manzerf Withheld for victim/witness privacy.” 3Jennifer Lynn Formell/ Withheld for victim/witness privacy.* Deputy Kasey Whittsit/Cascade County Sheriffs Office Paul Johnson/ Departmont of Livestock Deputy Jacob Tri/Cascade County Sheriff's Office | Deputy Evan O'Neill/Cascade County Sheriffs Office : Dr. Tim Gilligan/ Withheld for victim/witness privacy.* Karen Hockenberry/ Withheld for victim/witness privacy.” Any witness listed ithe investigative roports and other discovery provided to defense counsel. “All addresses for victim(s)/witness(s) known to the prosecution will be made available to Defense Counsel during the discovery process. These addresses are not publicly disclosed to protectithe privacy of the victim(s)/witriess(s). ce: — County Attorney/Sudan L, Weber Defense Counsel c/o Public Defender’s Offico! Defondaint -c/o Couiisel GFPD/ oan CCSOfwarrants