State of Minnesota
County of Rice
District Court
3rd Judicial District
Prosecutor File No.
Court File No.
State of Minnesota,
0660039884
66-CR-17-569
COMPLAINT
Plaintiff,
Summons
vs.
ELIZABETH ROSE OSTERBAUER DOB: 11/12/1992
5620 35th Ave S
Minneapolis, MN 55417
Defendant.
The Complainant submits this complaint to the Court and states that there is probable cause to believe
Defendant committed the following offense(s):
COUNT I
Charge: Overwork/Mistreat Animals-Torture
Minnesota Statute: 343.21.1, with reference to: 343.21.9(d)
Maximum Sentence: Imprisonment for not more than 2 years and/or $5,000
Offense Level: Felony
Offense Date (on or about): 12/15/2016
Control #(ICR#): 16203958
Charge Description: On or about December 15, 2016, in the County of Rice, Minnesota, Elizabeth Rose
Osterbauer did neglect an animal, a Rat Terrier mixed breed puppy (A302805), resulting in death.
COUNT II
Charge: Overwork/Mistreat Animals-Torture
Minnesota Statute: 343.21.1, with reference to: 343.21.9(b)
Maximum Sentence: Imprisonment for up to one year and/or $3,000
Offense Level: Gross Misdemeanor
Offense Date (on or about): 12/15/2016
Control #(ICR#): 16203958
Charge Description: On or about December 15, 2016, in the County of Rice, Minnesota, Elizabeth Rose
Osterbauer did neglect an animal, a Cavalier King Charles Spaniel (A302801), resulting in substantial
bodily harm.
COUNT III
Charge: Overwork/Mistreat Animals-Torture
Minnesota Statute: 343.21.1, with reference to: 343.21.9(b)
Maximum Sentence: Imprisonment for up to one year and/or $3,000
1
Offense Level: Gross Misdemeanor
Offense Date (on or about): 12/15/2016
Control #(ICR#): 16203958
Charge Description: On or about December 15, 2016, in the County of Rice, Minnesota, Elizabeth Rose
Osterbauer did neglect an animal, a Plott Hound (A302824), resulting in substantial bodily harm.
COUNT IV
Charge: Overwork/Mistreat Animals-Torture
Minnesota Statute: 343.21.1, with reference to: 343.21.9(b)
Maximum Sentence: Imprisonment for up to one year and/or $3,000
Offense Level: Gross Misdemeanor
Offense Date (on or about): 12/15/2016
Control #(ICR#): 16203958
Charge Description: On or about December 15, 2016, in the County of Rice, Minnesota, Elizabeth Rose
Osterbauer did neglect an animal, a Pug (A302847), resulting in substantial bodily harm.
COUNT V
Charge: Overwork/Mistreat Animals-Deprive of Food/Shelter-M
Minnesota Statute: 343.21.2, with reference to: 343.21.9(a)
Maximum Sentence: 90 days and/or $1,000
Offense Level: Misdemeanor
Offense Date (on or about): 12/15/2016
Control #(ICR#): 16203958
Charge Description: On or about December 15, 2016, in the County of Rice, Minnesota, Elizabeth Rose
Osterbauer deprived an animal she had charge or control, a Labrador mix (A302787), of the necessary
food, water, or shelter.
COUNT VI
Charge: Overwork/Mistreat Animals-Deprive of Food/Shelter-M
Minnesota Statute: 343.21.2, with reference to: 343.21.9(a)
Maximum Sentence: 90 days and/or $1,000
Offense Level: Misdemeanor
Offense Date (on or about): 12/15/2016
Control #(ICR#): 16203958
Charge Description: On or about December 15, 2016, in the County of Rice, Minnesota, Elizabeth Rose
Osterbauer deprived animals, Rat Terrier puppies (A302795, -797, -800, -802, -808, -809, -813, and -820)
in her charge or control, of necessary food, water, or shelter.
COUNT VII
Charge: Overwork/Mistreat Animals-Unwholesome Enclosure-M
Minnesota Statute: 343.21.3, with reference to: 343.21.9(a)
Maximum Sentence: 90 days and/or $1,000
Offense Level: Misdemeanor
2
Offense Date (on or about): 12/15/2016
Control #(ICR#): 16203958
Charge Description: On or about December 15, 2016, in the County of Rice, Minnesota, Elizabeth Rose
Osterbauer did keep animals, a Pug (A302847) and a Cocker Spaniel (A302834), in an enclosure
(covered plastic bin), without providing wholesome exercise and change of air.
3
STATEMENT OF PROBABLE CAUSE
The Complainant states that the following facts establish probable cause:
Your Complainant is a licensed peace officer employed by the Minneapolis Police Department. In that
capacity and upon the reports, your Complainant provides the following in support of probable cause:
On December 15, 2016, Sergeant J. Sandberg of the Minneapolis Police Department served a search
warrant on the farmland premises rented by ELIZABETH ROSE OSTERBAUER (DOB 11/12/1992)
(Defendant) located at 10550 New Prague Boulevard, New Prague, MN in Rice County. The premises consisted of a two-story house, a detached garage (located approximately 30 feet from the
house), and a free-standing barn (located approximately 90 feet from the house). A review of the National Weather Service reports showed the area temperatures as:
12/14/2016 Low -3°F High 10°F Avg. 4°F Avg. Wind Speed 16.5 MPH
12/15/2016 Low -9°F High 4° F Avg. -2°F Avg. Wind Speed 6.0 MPH 12/16/2016 Low 4°F High 12°F Avg. 8°F Avg. Wind Speed 6.9 MPH
When law enforcement executed the search warrant there was snow on the ground. The Defendant was the only person on the premises along with sixty-six (66) dogs. During execution of the
warrant, no other people arrived who were associated with the property or dogs.
Inside the house, Sgt. Sandberg found it contained no furniture. He saw seven (7) dogs gated within the
kitchen. There were two quilts and a small bath rug on the vinyl floor. The sole water dish was empty.
There was no food dish. The trash bin was tipped over and its contents strewn all over the floor, along with
urine and feces. In the refrigerator, officers found a bottle of Pro Pen G (labeled for cattle, swine, sheep &
horses) and boxed vaccines.
In a bedroom, officers located a blue, plastic storage bin with twelve, crude holes cut into the cover. They
found two (2) dogs inside – a 14.4 pound, 4-year old Cocker Spaniel (A302834), and a 15.0 pound, 6-year
old Pug (A302847).
Officers found documents entitled “Bill of Sale” for “Close to Home Canine Rescue Adoption Contract”. According to a former friend, SAB, the Defendant’s rescue is on Petfinder.com and the Defendant charged
an adoption fee of over $400 cash per dog. SAB also told Sgt. Sandberg that the Defendant ordered
medications for the dogs online and would administer shots herself. A box of syringes was found in the
house. Amongst the paperwork was a letter from the Minnesota Department of Revenue, dated
September 2016, which advised the Defendant she owes $24,616.84 in back taxes. Also located inside
the Defendant’s house was property identified by SAB as belonging to her that went missing when her
home was burglarized in December 2015.
Inside the two-car garage, Sgt. Sandberg observed eighteen (18) dogs. The garage was not insulated or
heated. A thin layer of hay covered the floor. The dogs were in a corner with stacked hay and a gate to
keep them penned. There was no water dish inside the penned area.
4
Inside the barn, Sgt. Sandberg observed stalls that contained a total of thirty-nine (39) dogs. The barn was
not insulated or heated. The stalls had a thin layer of hay with the ground visible in many spots. There was
feces throughout the stalls. There was no water to drink. He observed many of the dogs appeared thin and
shaking.
Due to the number of dogs, Minneapolis Animal Care & Control (MACC) arrived to take them into custody.
On December 23, 2016, MACC veterinarian, Dr. Camille McArdle, issued a veterinary report (Report) on
the condition of each dog impounded. The Report stated that the dogs ranged in age from approximately
6 weeks to 8 years of age and were of various breeds. Twenty-five (25) dogs were at least a year old or
older. The remaining forty-one (41) were puppies. The Report described half the dogs as “thin or very thin.” A standard in evaluating canine nutritional status
is the Body Condition Score (BCS). A dog is rated on a scale of 1 to 9. A “normal” score is a 4 or 5. Only
twenty-seven (27) of the dogs scored in the normal range and the score were, in most cases, determined
even after several days of adequate nutrition was provided by MACC.
Three dogs had eye infections or ulcers:
A302801 8 yrs M Cavalier King Charles Spaniel
Located in the barn
12/15/2016 Weight 18.9 lb.s
12/16/2016 BCS 4/9 Weight 19.3 lbs.
Chipped upper R canine tooth; dirty ears; bilateral otitis; keratitis L eye with deep ulcer
(untreated, this condition can rupture the eye)
A302824 2 yrs F Plott Hound
Located in the garage
12/15/2016 Weight 29.1 lbs.
12/16/2016 BCS 4/9 Weight 31.7 lbs.
Director of Forgotten Tails Rescue in Alabama provided MACC with a photo of the dog. A
volunteer transported the dog to the Defendant on 11/24/2016.
Inflamed skin on abdomen; inflamed nictitating membranes both eyes. The glands of the
nictitating membranes will prolapse when the membranes are inflamed and not treated,
requiring surgery. The condition improved after 5 days of treatment at MACC which indicates it
was neglected prior to impoundment.
A302847 6 yrs F Pug
Located in the house – bedroom in a covered, blue, plastic storage bin
12/15/2016 Weight 15.0 lbs.
12/16/2016 BCS 4/9 Weight 15.7 lbs.
Very worn teeth; scabs in ears; L eye infected desmetocele; mild hair loss under tail and inner
thighs.
The dog needed emergency eye surgery.
Some dogs were “severely dehydrated to the point of needing the administration of fluids.” A 3-year old Labrador (A302787) weighed 38.1 pounds on the evening of December 15, 2016. After
care by MACC, he weighed 44.3 pounds twelve hours later – a gain of 6.2 pounds in less than one
day. This amount of weight gain (16% of the dog’s total body weight) cannot happen from eating a
normal amount of food. It does indicate that the dog was badly dehydrated on intake and managed
5
to rehydrate itself through oral intake.
A302787 3 yrs F Labrador
Located in barn
12/15/2016 Weight 38.1 lbs.
12/16/2016 BCS 2/9 Weight 44.3 lbs.
Severe dehydration, ulcerations on lips; scars on nose, face, and back feet.
“The Rat Terrier puppies (A302795, -797, -800, -802, -805, -808, -809, and 813) as a group gained
36% of their body weight in 4.5 days[, after MACC took custody], a sign of their severe initial
dehydration.”
A302795 6 wks F Rat Terrier Mix puppy
Located in the garage
12/15/2016 Weight 3.6 lbs.
12/20/2016 BCS 3.5/9 Weight 5.7 lbs.
Dehydrated on intake; distended abdomen; watery diarrhea with blood; roundworms in
stool; fecal exam positive for Coccidia; positive Parvo
A302797 6 wks F Rat Terrier Mix
Located in the garage
12/15/2016 Weight 4.0 lbs.
12/20/2016 BCS 3.5/9 Weight 5.5 lbs.
Dehydrated on intake; distended abdomen; watery diarrhea with blood; roundworms in
stool; fecal exam positive for Coccidia; positive Parvo
A302800 6 wks F Rat Terrier Mix puppy
Located in the garage
12/15/2016 Weight 2.9 lbs.
12/20/2016 BCS 3.5/9 Weight 4.4 lbs.
Dehydrated on intake; distended abdomen; watery diarrhea with blood; roundworms in
stool; fecal exam positive for Coccidia; positive Parvo
A302802 6 wks F Rat Terrier Mix puppy
Located in the garage
12/15/2016 Weight 3.2 lbs.
12/20/2016 BCS 2.5/9 Weight 3.8 lbs.
Dehydrated on intake; distended abdomen; watery diarrhea with blood; roundworms in
stool; fecal exam positive for Coccidia; positive Parvo
A302808 6 wks F Rat Terrier Mix puppy
Located in the garage
12/15/2016 Weight 3.0 lbs.
12/20/2016 BCS 3/9 Weight 4.6 lbs.
Dehydrated on intake; distended abdomen; watery diarrhea with blood; roundworms in
stool; fecal exam positive for Coccidia; positive Parvo
A302809 6 wks F Rat Terrier Mix puppy
Located in the garage
12/15/2016 Weight 3.2 lbs.
12/20/2016 BCS 3/9 Weight 4.2 lbs.
Dehydrated on intake; distended abdomen; watery diarrhea with blood; roundworms in
stool; fecal exam positive for Coccidia; positive Parvo; L eye discharge; pale gums
A302813 6 wks F Rat Terrier Mix puppy
Located in the garage
12/15/2016 Weight 3.9 lbs.
12/20/2016 BCS 3/9 Weight 4.1 lbs.
Dehydrated on intake; distended abdomen; watery diarrhea with blood; roundworms in
stool; fecal exam positive for Coccidia; positive Parvo
6
Dr. McArdle informed Sgt. Sandberg one Rat Terrier puppy (A302805) died from starvation. She specified
the puppy was improperly fed and unnecessarily used up calories shivering in the cold environment:
A302805 6 wks F Rat Terrier puppy Located in the garage
12/15/2016 Weight 3.0 lbs.
12/20/2016 BCS 2.5/9 Weight 4.2 lbs.
Dehydrated on intake; watery diarrhea with blood; fecal exam positive for Coccidia; Parvo test
positive; died in shelter on 12/22; necropsy showed a body condition score of 1.5/5
(1=emaciated and 5=obese), the dog’s emaciated state, lack of internal fat stores and
decreased muscle mass suggest a chronic negative energy balance which likely contributed to
the dog’s death.
Sgt. Sandberg obtained a copy of the lease Agreement between the landlord, DMK, and the Tenant,
Defendant. The term was from November 1, 2016 to January 31, 2017. It specified the following:
No part of the Premises shall be used at any time during the term of this Agreement for the purpose
of carrying on any business, profession, or trade of any kind other than through written consent of the
Landlord, or for any purpose other than as a private single family dwelling;
Tenant shall comply with any and all laws, ordinances, rules and order of any and all governmental or
quasi-governmental authorities affecting cleanliness, use, occupancy and preservation of the
Premises
The Agreement did not list any Tenant pets. DMK never provided written permission for the Defendant to
run a business, profession, or trade from the property. Following the search warrant and discovery of the
dogs, DMK began an eviction action in December 2016 against the Defendant. She cited property
damage, running a business, and “illegal activity of boarding 66 dogs – cruelty/neglect dogs.” The
Defendant appeared in person to court and admitted the allegations contained in the eviction action. Judgment issued in favor of DMK.
At a hearing held December 30, 2016, the Defendant attempted to reclaim thirty-eight dogs. Dr. McArdle
testified the condition of the dogs coincided with a “hoarding house” and that it was “unconscionable”
based on her 35 years of experience in animal care and medicine. The Hearing Officer concluded the
Defendant failed to “establish that she can and will provide the care required by law for the animals” and
denied their return to the Defendant.
A review of Odyssey shows the following open files:
12/16/2016, Aid & Abet Burglary in the Second Degree (2 counts), File No. 27-CR-16-32250,
Hennepin Co.
Omnibus set for April 7, 2017
01/13/2017, Overwork/Mistreat Animals - Cruelty, File No. 27-CR-17-1105, Hennepin Co.
Omnibus set for April 7, 2017
PLEASE TAKE NOTICE: YOU MUST APPEAR FOR EVERY COURT HEARING REGARDING THIS
CASE. FAILURE TO APPEAR FOR COURT IS A CRIMINAL OFFENSE AND MAY RESULT IN
ADDITIONAL CRIMINAL CHARGES BEING IMPOSED AND PUNISHED AS PROVIDED IN
7
MINNESOTA STATUTES SECTION 609.49.
8
SIGNATURES AND APPROVALS
Complainant requests that Defendant, subject to bail or conditions of release, be:
(1) arrested or that other lawful steps be taken to obtain Defendant's appearance in court; or
(2) detained, if already in custody, pending further proceedings; and that said Defendant otherwise
be dealt with according to law.
Complainant declares under penalty of perjury that everything stated in this document is true and
correct. Minn. Stat. § 358.116; Minn. R. Crim. P. 2.01, subds. 1, 2.
Complainant
Joel Sandberg
Sergeant
350 S 5th St
Minneapolis, MN 55415-1389
Badge: 6274
Electronically Signed:
03/03/2017 01:26 PM
Rice County, MN
Being authorized to prosecute the offenses charged, I approve this complaint.
Prosecuting Attorney Laurie L Anderson
218 NW 3rd Street
Faribault, MN 55021
(507) 332-6103
Electronically Signed:
03/03/2017 11:47 AM
9
FINDING OF PROBABLE CAUSE
From the above sworn facts, and any supporting affidavits or supplemental sworn testimony, I, the Issuing Officer, have
determined that probable cause exists to support, subject to bail or conditions of release where applicable, Defendant’s arrest
or other lawful steps be taken to obtain Defendant’s appearance in court, or Defendant’s detention, if already in custody,
pending further proceedings. Defendant is therefore charged with the above-stated offense(s).
X SUMMONS
THEREFORE YOU, THE DEFENDANT, ARE SUMMONED to appear on April 5, 2017 at 9:30 AM before the
above-named court at 218 NW 3rd Street, Faribault, MN 55021 to answer this complaint.
IF YOU FAIL TO APPEAR in response to this SUMMONS, a WARRANT FOR YOUR ARREST shall be issued.
WARRANT
To the Sheriff of the above-named county; or other person authorized to execute this warrant: I order, in the name of the State
of Minnesota, that the Defendant be apprehended and arrested without delay and brought promptly before the court (if in
session), and if not, before a Judge or Judicial Officer of such court without unnecessary delay, and in any event not later than
36 hours after the arrest or as soon as such Judge or Judicial Officer is available to be dealt with according to law.
Execute in MN Only
Execute Nationwide
Execute in Border States
ORDER OF DETENTION
Since the Defendant is already in custody, I order, subject to bail or conditions of release, that the Defendant continue to be
detained pending further proceedings.
Bail: $
Conditions of Release: This complaint, duly subscribed and sworn to or signed under penalty of perjury, is issued by the undersigned Judicial Officer
as of the following date: March 3, 2017.
Judicial Officer
John T Cajacob
Electronically Signed: 03/03/2017 03:15 PM
Sworn testimony has been given before the Judicial Officer by the following witnesses:
COUNTY OF RICE
STATE OF MINNESOTA
State of Minnesota
LAW ENFORCEMENT OFFICER RETURN OF SERVICE
Plaintiff
I hereby Certify and Return that I have served a copy of this
Summons upon the Defendant herein named.
vs.
Signature of Authorized Service Agent:
Elizabeth Rose Osterbauer
Defendant
10
DEFENDANT FACT SHEET
Name:
Elizabeth Rose Osterbauer
DOB:
11/12/1992
Address:
5620 35th Ave S
Minneapolis, MN 55417
Alias Names/DOB:
SID:
MN15HX1651
Height:
Weight:
0lbs.
Eye Color:
Hair Color:
Gender:
FEMALE
Race:
Fingerprints Required per Statute:
Yes
Fingerprint match to Criminal History Record: Yes
Handgun Permit:
No
Driver's License #:
R948127918821 (MN)
Alcohol Concentration:
11
STATUTE AND OFFENSE GRID
Cnt
Nbr
Statute
Type
Offense
Date(s)
Statute Nbrs and Descriptions
Offense
Level
MOC
GOC Controlling
Agencies
Case
Numbers
1
Charge
12/15/2016
343.21.1
Overwork/Mistreat Animals-Torture
Felony
M8196
MN0271100
16203958
Penalty
12/15/2016
343.21.9(d)
Felony
Torture or cruelty to pet or companion
animal- Death or Great Bodily Harm
M8196
MN0271100
16203958
2
Charge
12/15/2016
343.21.1
Gross
M8197
Overwork/Mistreat Animals-Torture-G Misdemeanor
MN0271100
16203958
Penalty
12/15/2016
343.21.9(b)
Gross
M8197
Torture or cruelty to pet or companion Misdemeanor
animal - Substantial Bodily Harm
MN0271100
16203958
3
Charge
12/15/2016
343.21.1
Gross
M8197
Overwork/Mistreat Animals-Torture-G Misdemeanor
MN0271100
16203958
Penalty
12/15/2016
343.21.9(b)
Gross
M8197
Torture or cruelty to pet or companion Misdemeanor
animal - Substantial Bodily Harm
MN0271100
16203958
4
Charge
12/15/2016
343.21.1
Gross
M8197
Overwork/Mistreat Animals-Torture-G Misdemeanor
MN0271100
16203958
Penalty
12/15/2016
343.21.9(b)
Gross
M8197
Torture or cruelty to pet or companion Misdemeanor
animal - Substantial Bodily Harm
MN0271100
16203958
5
Charge
12/15/2016
343.21.2
Misdemeanor M8198
Overwork/Mistreat Animals-Deprive of
Food/Shelter-M
MN0271100
16203958
Penalty
12/15/2016
343.21.9(a)
Gross
M8198
Overwork/Mistreat Animals Misdemeanor
Misdemeanor; Second or Subsequent
Gross Misdemeanor
MN0271100
16203958
6
Charge
12/15/2016
343.21.2
Misdemeanor M8198
Overwork/Mistreat Animals-Deprive of
Food/Shelter-M
MN0271100
16203958
Penalty
12/15/2016
343.21.9(a)
Gross
M8198
Overwork/Mistreat Animals Misdemeanor
Misdemeanor; Second or Subsequent
Gross Misdemeanor
MN0271100
16203958
7
Charge
12/15/2016
343.21.3
Overwork/Mistreat
Animals-Unwholesome Enclosure-M
Misdemeanor M8198
MN0271100
16203958
Penalty
12/15/2016
343.21.9(a)
Gross
M8198
Overwork/Mistreat Animals Misdemeanor
Misdemeanor; Second or Subsequent
Gross Misdemeanor
MN0271100
16203958
12