Niagara Gazette

Local News

February 21, 2013

Pomeranian owner files motion to dismiss charges

Niagara Gazette — TOWN OF LOCKPORT –– A town woman who had 64 Pomeranian dogs seized from her home earlier this month is asking Lockport Town Court to dismiss all charges.

Ellouise Magrum, 50, 6603 Royal Parkway South, has been charged with two counts of endangering the welfare of a child and one count of cruelty to animals. Magrum appeared Thursday in town court to file a motion to dismiss the charges and to suppress evidence, said her attorney, George V.C. Muscato.

The Niagara County District Attorney's Office will respond to the motion, while Magrum will return to court March 21.

On Feb. 2, while investigating a juvenile report, the Niagara County Sheriff's Office and New York State Police found the Pomeranian dogs living with three people in filthy conditions inside Magrum's home. According to the Feb. 2 sheriff’s report, deputies were “unable to ignore the overwhelming odor of animal urine and feces” while speaking to family members.

Two days later, the dogs were picked up by the Niagara County SPCA and quickly found new homes.

Magrum was originally charged with violating two town zoning ordinances, having unlicensed dogs, excessive noise and harboring illegal dogs. Investigators from the Niagara County Sheriff’s Office, the Town of Lockport Dog Warden and the SPCA added the new charges while Magrum appeared in town court on Feb. 5 and pleaded not guilty to the new charges.

At the Feb. 5 appearance, Muscato said Magrum was charged with crimes she did not commit. The dogs were in pretty good shape, he said, something SPCA officials also said of the Pomeranians.

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