A Sequim woman charged with second-degree animal cruelty is innocent, according to a motion to dismiss filed Aug. 4.
“It is clear that Ms. [Nataliya I.] Nivens provided necessary care to her …
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These dogs were taken from a home in the 276000 block of U.S. Highway 101 on June 30 after a six-week investigation into animal cruelty. Photo courtesy Jefferson County Sheriff's Department
A Sequim woman charged with second-degree animal cruelty is innocent, according to a motion to dismiss filed Aug. 4.
“It is clear that Ms. [Nataliya I.] Nivens provided necessary care to her animals and none of them fell to the level of neglect the courts have previously required to find unjustified pain,” defense attorney Tom Brotherton wrote in his motion, arguing as well that Nivens was “acting to move them to better quarters” when deputies seized her 17 dogs, 16 chickens and eight goats on June 30.
That motion is set to be heard Aug. 19 in Jefferson County District Court.
“Part of what they're alleging is the defendant didn't have knowledge and that we don't have evidence there was pain,” Deputy Prosecutor Amanda Wilson said, arguing that law enforcement notified and spoke with Nivens on several occasions.
“I think there's evidence the defendant had lots of knowledge. And as far as pain, that's something for the jury to decide.”
Wilson said she would soon be filing a response to Brotherton's motion, as well as another probable cause report providing evidence about the condition of the goats.
Nivens, 41, owns property in the 276000 block of U.S. Highway 101 in Gardiner, where Jefferson County Sheriff's Office deputies seized 41 animals on June 30 following a six-week investigation.
On Nivens' behalf, Brotherton entered a not guilty plea July 20 and demanded a jury trial.
In support of his motion, Brotherton cited the testimony of three “reasonable people” who wrote declarations to the court regarding the condition of the animals as witnessed in the days prior to their seizure.
“I observed the dogs and goats,” Dr. Maxwell Cooper of Sequim, a neighbor and friend of Nivens, wrote regarding his visit to the property on the morning of June 30. “None were malnourished or behaved in any manner suggesting mistreatment.”
Cooper wrote that Nivens “has too many animals” and “needs to sell some,” but also wrote that the charge should be dismissed.
Cooper wrote, “I know she cares for her animals responsibly and with the same love and respect she shares with her own children.”
