Animal rescue prepares legal battle as Pike County drops 'Fab 5' case

Editor's Note: As James Mazzone has not been formally charged with the abuse or neglect of the dogs that were in his possession, the charges that have been dropped are to be acknowledged only as allegations, and not convictions or any other indication of guilt.

A Mechanicsburg animal rescue is rousing the masses and arranging their legal battalions to help stop an alleged abuser from getting his dogs returned.

Speranza Animal Rescue is preparing for a legal battle to prevent James Mazzone, a Bushkill man accused of abusing and neglecting five dogs found in his basement in Nov. 2019, from having the animals returned to him.

The group initially launched an effort to pressure Pike County District Attorney Raymond Tonkin's office to reinstate abuse and neglect charges against Mazzone, which had been dropped on Aug. 17, 2022.

"They were nol. pros. [nolle prosequi]," Tonkin said on Wednesday, referencing a legal term meaning the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit.

"After final review of the case before trial, we do not believe that we can meet our burden of proving beyond a reasonable doubt that the person intentionally, knowingly or recklessly harmed the animals as the charges were based on a time when the defendant was incarcerated on another matter," Tonkin added.

According to Speranza, Mazzone had petitioned to have the dogs returned to his home, though Speranza volunteers took to Facebook to encourage others to help prevent this from happening.

"Please write to the Pike County DA’s office to insist that they reinstitute the charges unless he agrees to surrender these dogs so that we can find loving forever homes for them," an Aug. 22 post states. "Write letters. Send emails. Contact news outlets. These dogs need a voice. They have not only been failed by their 'owner' but also by the Pike county DA."

The post garnered plenty of attention, including thousands of comments, shares and reactions. As of 3:30 p.m. Friday, that post was pulled from the group's Facebook page.

By Friday, Speranza founder Nina Guido acknowledged that the charges would not be reinstated, though she did note that Tonkin's office had informed her that they would potentially play a part in the proceedings going forward.

On Friday, Tonkin confirmed that if and when Mazzone files a motion for the return of the dogs, his office will represent the commonwealth in that case.

"If he files a motion for return of property for the dogs, we will defend that, because the dogs were seized by the state police," Tonkin said. "And there is a provision in the crimes code for a lien on the dogs for an agency who has provided care for them, and as that is in the crimes code, we will work to enforce that lien."

Meet The Fab Five:Bushkill’s ’Fab Five’ flourish after rescue from abuse

The pit bulls were initially removed from Mazzone's home following a welfare check, where they were found to be living in inhospitable conditions.

Trooper R.F. Wareham went to Mazzone's Lehman Township residence on Nov. 14, 2019, noting the entirety of the basement floor where the pups were found was covered in soiled clothing, animal feces, dog food containers, and various types of rubbish.

One of the dogs managed to escape from its cage to eat through a bag of dog food left on the floor, while the others were found in cages lacking enough room for them to lie down or sit in a natural position, according to the police. Food and water bowls were found empty or soiled with urine and feces, and the cages contained chewed plastic, indicating the dogs had been eating water bottles and grocery packaging for sustenance.

“As each animal was removed from their cages it was apparent through my training and experience that the animals were under duress resulting from sub freezing temperatures, food depravation, water depravation, isolation and unhygienic conditions,” Wareham wrote in the criminal complaint.

Mazzone faced five third-degree felony counts of aggravated cruelty to animals, along with five second-degree misdemeanor counts of cruelty to animals and 15 third-degree misdemeanor counts of neglect of animals initially.

Wareham stated in Dec. 2019 that the Pennsylvania State Police were working with the state to officially seize the dogs from Mazzone's possession, regardless of the outcome of the trial.

After being taken in by Speranza Animal Shelter, the pack of pups was dubbed "The Fabulous Five," better known as "The Fab 5," and named Dana, Daria, Darren, Deena and Dorian. "The Fab 5" quickly recovered following treatment, becoming social media sensations in the process.

“Their personalities are so different,” Speranza founder and president Janine Guido said at the time. “When they first came, they cowered, tails tucked, they were so shy, super terrified. Now, they’re the most outgoing dogs at the rescue. They love everybody, they just want to be around people, and their tails don’t stop wagging. They have these big smiles on their faces. They’re really, really good dogs.”

Original story:Bushkill man charged with animal cruelty after trooper discovers inhumane conditions

However, charges against Mazzone were eventually dismissed by the Pike County DA's office due to the aforementioned issues concerning the burden of proof.

Mazzone, who had been in jail on other charges for five days when the dogs were found, had not made any arrangements for their care while he was incarcerated. Speranza volunteers speculate that the pit bulls would have died had police not conducted the welfare check.

Speranza volunteer Katie Orner said that she and her fellow workers were "baffled" at first by the DA's decision, and while they were limited in their capacity to take action, they still made efforts to raise awareness of the situation.

"Public outrage is the first step, which we've have pretty much accomplished," Orner said. At this time, I posted on an app called 'Neighbors,' which has gotten a lot of response. I think I have like 65 people in the area that have said 'I'm signing on/sending an email and signing (a petition).' There's a petition going around that we started. I'm not sure what we can do legally."

Guido said she believes the online campaign may have played a part in the DA's decision, though Tonkin suggested this is standard procedure, considering that state police were the agency that seized the dogs.

In the meantime, Guido and her compatriots at Speranza are preparing for a legal battle — one which could be avoided if Mazzone was to concede — though she did note that Mazzone "was pretty much harassing us through our Facebook page," adding she advised him to have his attorney contact their attorney for any further communication.

"He's messaging me, and he told me he was going to file (a lawsuit). I don't know where, but he has a lawyer, and he's going to sue us to get the dogs back. So, we're going to countersue him for the cost of care for almost three years. But, if he surrenders the dogs, we will drop the cost. I don't care about the money he owes, I just want the dogs to be saved," Guido said.

This article originally appeared on Pocono Record: Animal rescue in PA preps to prevent dogs return to alleged abuser