Aver has ordered to pay the county $ 20,000 for animal care

February 28 – A man from Lincoln County, accused of animal cruelty and hope, has largely avoided guilt in the alleged crimes, but is still in a hook for $ 20,000 that the county has spent with his 11 dogs.

According to a document of the court filed on January 10, Steven David Aver, aged 64, and the county lawyer Marcia Boris agreed on a preventive diversion agreement that led to the resolution of the charges of crime, as well as to the charges of crime of disordered conduct and criminal offenses in 2024.

The agreement is in force for a period of four years, two months. He stipulated that Aver had to obtain a canal license from the County Health Department until January 17, to provide the proof that the dogs have the necessary vaccinations and they made sure that all the female dogs were spayed before being returned to him.

He also stipulated that warning must remain in accordance with the law and he must allow monthly heat inspections for the first six months and periodic inspections at the discretion of the County Health Department. Aver also ordered to ensure that dogs have adequate veterinary care.

Also, Aver must reimburse the County Health Department of $ 20,000 for dog care of January 22, 2024 and January 17, 2025. The amount must be paid in 400 monthly dollars, starting with 5 February 2025, until the invoice is paid in full.

If the state establishes that Aver has violated the conditions of the agreement, the Health Department has the right to request the complete refund, and the state can continue with the criminal prosecution.

For the warning, if it fulfills the conditions of the agreement, the case will be rejected. He also states that Aver does not plead guilty for any crime and does not admit any of the accusations against him.

Aver’s public defender, Maury Solomon negotiated the agreement with Boris.

The case saw three different lawyers, Julianne Hinchey, Ben Kolter and Solomon, represent a warehouse, as well as two judges I hear.

Aver was charged for the first time by three offenses of crimes, speed, expired registration and no insurance, following a stop of October 20, 2023, by the County Deputy Andrew Smith.

On November 27, 2023, Aver filed a sworn statement in the court of justice that Smith was not a certified and proper jury peace officer. Averae assumed that Smith’s clothing did not have the sheriff’s stains in Lincoln County. The statement was part of Aver’s attempt to reject the accusations.

But, according to a judicial registration, the county deputy Derek Breiland, who assisted Smith while stopping traffic, provided images of the body camera who indicated that Aver’s swearing was false.

This led to an accusation of hope for Awer on January 18, 2024.

Then, on January 26, 2024, Aver was accused of 10 crimes and a number of animal cruelty offenses following an investigation of a residence at 1652 Old US Highway 2, located near the border with Idaho.

Aver was at the district court on Monday, July 1, for processing under accusation. There were also testimonies about the costs of caring for the 11 dogs. According to the judicial documents, the animal shelter in the Tobacco Valley took care of the 11 dogs on January 22, at a cost of $ 110 a day.

The fifth judicial district judge, Luke Berger, took over after the district judge of Lincoln County, Matt Cuffa, was recushed on June 10.

Aver, which is represented in the case of the cruelty of animals, said he loves Berger’s beard.

“I like your beard. You could be one of the best boys in ZZ.”

Berger entered then did not go in reasons for guilt.

“Intrar I didn’t go into guilt in your name, because you refused to do this,” Berger said.

Aver had more data for referring to the reprogrammed animal cruelty charges, including February 5, February 12 and June 17.

Hinchey was appointed by the office of the state public defender to represent Aver, but made a motion to withdraw from the case. On March 29, Cuffe granted the motion and ordered the state to appoint a new lawyer to represent Aver.

In his order, Cuffe wrote that he discovered, “irreconcilable conflict and a complete breakdown in communication” between the parties.

At that time, Boris sought to revoke Aver’s permission to visit his animals, because he was disturbing and abusive during scheduled visits.

Cuffe granted permission from February 1, 2024, to see their dogs at the shelter in the county, which was led by the animal shelter in the Tobacco Valley at that time. Subsequently, the shelter officials canceled the contract with the county, because it costs more than the $ 50,000 they received from the county.

Aver also had data for other hearings in the court calendar for February 26, March 18, which was not held because no action was held.

At the notification of April 15, Kolter moved to continue, saying that Aver considered that there are many problems that should be addressed. Boris opposed the delay.

“This is the second continuation and I can’t think of a reason to not go on,” Boris said.

Also Aver was scheduled to appear on June 17 for referral but it was continued by 1 July

According to judicial documents, on June 6, Boris has submitted a petition for the cost of care, in the effort to have a renewable registration in an amount to cover the costs of caring for the 11 dogs for 30 days. Should deposit the same amount of money every 30 days until the final disposition of the case of animal cruelty.

Aver argued that the problem of dog costs and care should not be part of the criminal case, but rather a civil problem. On May 31, Cuffe denied Aver’s motion to reject the accusations.

Aver claimed that the statutes in the case of the cruelty of animals were “unconstitutional vague”.

Cuffe wrote in his order that, “Aver’s analysis fails to read the statutes as a whole or to apply a common use.”

Cuffe also indicated Aver’s statements regarding the due violations of the processes for the confiscation of animals are improperly invoked. Cuffe wrote that a suppression motion should have been submitted.

In the court that supported the cruelty of the animals, the County Animal Control officer Andrew Smith reported that he and the SGT. Rebecca Guerra served a search warrant on November 16, 2023, at a residence on Old Highway 2. He said he had to wear special and respiratory suits, while inside the house it is assumed to be thrown with feces for dogs and urine.

Smith reported that he had found five dogs in the front room of the house. A dog had extended hair loss, while others had moderate hair loss. Smith reported that a dog was trying to scratch his back on the door.

In a registration of the court on June 6, trying to pay on average for dog care and treatment, Smith described the condition of dogs after being examined by Dr. Chad Burt and from April 1.

Two dogs had hair loss and nails in need, including one with long front and curling nails. The veterinarian could see fleas on the bodies of three other dogs.

Smith said that following the exams of dogs from April 1 by Dr. Fred Conkle, 10 dogs had better body composition scores, while one was the same.

In the initial loading document, Smith established that, due to discomfort and pain, dogs felt from what he thought was either mango or a flea infestation, that they should be removed immediately.

When the officers returned inside, Smith believed that there was dog urine and feces on the front room floor and all over the kitchen. The dogs seemed to walk through the urine and feces as they followed it throughout the area.

Smith reported when he continued to walk around the house, found four more dogs who had access to the outside through a dog door.

A basement check revealed a closed dog in a room used as an office space. It is assumed that the room had urine puddles and several piles of dogs for dogs.

On January 20, Dr. Chad Burt, a veterinarian at Bonners Ferry, Idaho came to the animal shelter where the animals are kept. His examination established that a serious flea infestation seemed to have caused hair loss and skin irritation, according to Smith. Burt said that all 11 dogs have fleas, while four were neglected proper care.

During the meeting on July 1, Aver analyzed a treatment registration that the dogs received. He argued that seniority drugs, bought at Homesteader, were very toxic and could overdose dogs.

A conviction for the cruelty of the crime animals can lead to a 2 -year mandate in the state prison in Montana, while a conviction for the cruelty of criminal animals could lead to a one -year county prison.