‘Deplorable’ cruelty case ends in plea deal
Six felony counts lead to probation without guilty plea
By Bruce Burdett
WESTPORT — A Westport couple charged in an animal abuse case that one detective called “absolutely deplorable … among the very worst we have seen,” have struck plea deals that spare them jail time and other penalties.
In an outcome that has frustrated police and animal welfare investigators in the case, Nicole Botelho, 45, a Westport Town Hall employee, got off without a guilty plea.
Judge Gilbert Nadeau of Fall River’s 2nd District Court recommended a ‘continuance without a finding’ Wednesday with two years of probation. Once her probation is complete, her record will be clear of any conviction in the matter.
Her husband, Stephen Botelho, 52, had earlier pleaded guilty and received two years probation.
Both had been charged with six felony counts of animal cruelty (two dogs, three cats and a lizard) by a caretaker of animals. A 17-year-old relative was also charged but the charges were dismissed in juvenile court.
The “house of horrors,” as a detective then described it, was discovered when town animal control officer Donna Lambert was called to 644 Sanford Road by Ms. Botelho to help capture cats living there so that the house could be treated with an insecticide bomb.
Ms. Lambert took a look inside, found a scene of filth and dead animals, and called police.
She and they discovered two small husky-type dogs, one about 12 years old, the other about 6. One was found dead in a trash bag, the other dead in a closet with the partially consumed torn pages of a book in its mouth. Piles of trash bags in the bedroom initially concealed the dog within the closet.
Westport Detective Antoni Cestodio then said that the dog in the closet was so thoroughly infested with fleas that “investigators weren’t sure if the dog was still breathing” — what appeared to be shallow breathing was actually the movement of all those fleas. The dog had a choke-type collar that had moved to around its hindquarters.
Three cats were found in the house. One died shortly thereafter, the other two were released to the care of the Boston Animal Rescue League. The animal control officer said she learned were five originally but two may have escaped out a broken cellar window.
The officers also found a bearded dragon lizard dead in a terrarium.
“I have never seen a house that infested with fleas,” the detective said. “Deplorable.”
It fell to patrolman Robert Rebello to be the first police officer sent inside. He suited up in protective Tyvek clothing and headgear with taped wrists, ankles and neck.
“But even that didn’t work,” Det. Cestodio said. “When they stripped the suit off him he was covered with fleas that had somehow gotten inside.”
The kitchen floor area was almost entirely covered with decaying animal feces and household trash, detectives said. The odor inside the house was overwhelming, even for investigators wearing protective equipment that included face masks.
Westport Detective Jeff Majewski said investigators quickly learned that the couple had moved out, a short distance away, and left the animals behind.
‘Infuriating’ outcome
Detective Majewski said he and others find the level of punishment for “serious felony charges and unbelievable cruelty” to be “infuriating.”
“A lot of time and resources by a lot of people from several agencies went into this case” and the plea deal means none of what investigators learned was presented in open court.
Involved in addition to Westport Police were the Animal Rescue League of Boston and Dr. Martha Smith-Blackmore of Forensic Veterinary Investigators.
Ms. Smith-Blackmore was prepared to testify that the animals suffered slow, agonizing deaths.
The flea infestation would have been “extraordinarily uncomfortable,” she wrote, and death by starvation is agonizing.
“The course of suffering from this profound neglect before death would be measured in weeks and months.”
Of one dog she writes, “This dog suffered from profound neglect including filth from which the dog could not escape, disregard of the slipped choke collar, severe flea infestation with accompanying anemia, dehydration and lack of nutrition that lead to weakness and ultimately its death.”
“This plea bargain was too light for the depth and seriousness” of the circumstances, Det. Majewski said. It is up to the court, he said, to impose a sentence that matches the crime — each count in this case carried possible jail time of up to five years.
Prosecutors had asked for guilty findings in exchange for probation. In Ms. Botelho’s case, the judge required no guilty plea.
In court, Detective Majewski said both defendants pointed blame at the other, essentially saying that care of the animals was the other’s responsibility.
Ms. Botelho also said a guilty finding could cost her her job and health insurance, causing harm to her family, the detective said.
“And they both said they loved their animals.”
“In 27 or 28 years of doing this job, everybody goes before a court and says how sorry they are and how much they love their animals. At some point that doesn’t cut it,” the detective said. “This is simply crazy.”
“All it would have taken was for them to get on the phone (with an animal protection agency) and say I can’t care for these animals any more,” he added. Instead, “they just walked away from the house and left the animals to die.”
“People say that the laws need to be stronger,” Det. Majewski said. “But the laws and the penalties are very strong … It is up to the courts.”
