Sterling Heights

Kennel owner gets probation in animal cruelty case

By Cortney Casey
C & G Staff Writer

STERLING HEIGHTS — The owner of a Sterling Heights kennel who pleaded guilty to animal cruelty charges received probation, but Judge David Viviano vowed to send her to prison if she commits any violations of her sentencing terms.

Lorri Nichiow-Brubaker, 48, appeared before Viviano in Macomb County Circuit Court July 31 for her sentencing, flanked by her father and her attorney, Domnick Sorise.

Viviano gave Nichiow-Brubaker five years probation — which he deemed the maximum probation term under law — but warned her that he would exceed sentencing guidelines of up to 11 months in jail by sending her straight to prison if she had any other animal-related troubles during her probation period.

“The judge sent her a clear message that if she violated any of the terms of the probation over the next five years, that the guidelines are worthless and he has every intention of sending her to prison,” said Assistant Prosecutor James Langtry, who handled the prosecution’s case.

Nichiow-Brubaker owns Lornich Kennels on Mound in Sterling Heights, a breeding and boarding facility where police returning four escaped horses in April allegedly discovered appalling conditions, including dirty, inaccessible drinking water and food mixed with feces.

A few days after the discovery, officers returned with a warrant and seized about 70 animals, mostly dogs, which were taken in by local veterinary offices and rescue agencies.

On June 9, Nichiow-Brubaker pleaded guilty to three counts of animal cruelty-second offense, a two-year felony, and agreed to relinquish rights to the animals and surrender her kennel license.

Viviano reminded Nichiow-Brubaker July 31 that she can retain a few of her personal pets, but she is not to reapply for a kennel license nor purchase or sell any animals during her probation period.

She also must pay $1,000 in fines, perform 100 hours of community service, and pay $17,500 in restitution — which Viviano said she’s already done — that will be divided among the organizations that nursed the seized animals back to health.

Before Viviano handed down the sentence, Sorise described his client’s neglect of the animals as “non-intentional conduct,” claiming that she fell on hard economic times after suffering from a series of health problems.

Sorise said Nichiow-Brubaker, who now has her facility up for sale, had been looking to exit the kennel business, but didn’t do it soon enough.

“She has accepted full responsibility in this case,” he said, outlining her agreements regarding the kennel license, restitution and unconditional release of the animals for adoption.

Nichiow-Brubaker said she brought in relatives and hired workers to help out after becoming bedridden from an aneurysm, heart attack and stroke in 2006, and thought the animals seemed OK.

“They were fine; they looked healthy,” she said. “As far as the eye could see, everything was being done properly.”

In retrospect, she said, “I should have looked after the animals better.”

Viviano appeared unconvinced, alluding to Nichiow-Brubaker’s previous conviction of on misdemeanor animal cruelty charges in 2005.

Amber Sitko, president of All About Animals Rescue — an organization that coordinated rescue efforts at the kennel after the April raid — urged Viviano to give Nichiow-Brubaker jail time.

She said All About Animals was able to adopt out most of the creatures, but a few with lingering health issues remain. Some had to be euthanized due to their condition, she said, while others are fearful of humans. Many of the cats were discovered with their tails cut off, she added.

Sitko said she suspects some of the animals were removed by Nichiow-Brubaker’s relatives prior to the raid, and she fears that Nichiow-Brubaker will try to relaunch her kennel business at her parents’ home in St. Clair County, where she now resides.

“She’s gotten off very lightly, in our estimation,” Sitko told Viviano, choking up as she spoke. “I think she should go to jail and suffer. I think she’ll be more comfortable in jail than those animals were in her house.”

Langtry said the Macomb County Prosecutor’s Office had fulfilled its goal of ending Nichiow-Brubaker’s career as a kennel owner.

“Our focus from day one has been about putting her out of business, and getting the pets into the arms of some loving families as soon as possible,” he said. “We’ve accomplished that.”

Crediting the Sterling Heights police and animal organizations that assisted, he added, “Most cases involving animal abuse have fairly tragic endings. These neglected pets in this case are fortunate enough to finish their lives with new families. I guess the story ends the way it should: They’ll live happily ever after.”

Langtry noted that though Viviano only has jurisdiction over Nichiow-Brubaker for the five years of probation, it’s doubtful she’ll ever be able to operate a kennel again.

“In the unlikely event that she were to reopen a kennel business in another jurisdiction, we would hope that that jurisdiction would have enough information from this case to deny her any future kennel license based on the history of neglect or abuse,” he said.

Sorise could not be immediately reached for comment on the sentencing.

You can reach C & G Staff Writer Cortney Casey at ccasey@candgnews.com or at (586)498-1046.