A Washington County man received a suspended sentence Monday in an appeal over a Hancock-area animal cruelty case that led to more than 100 dogs and cats being removed from the home over two years ago.

Barry Wayne Powell, 54, entered an Alford plea Monday morning in Washington County Circuit Court to 10 counts of misdemeanor animal cruelty for failing to provide proper space to 10 animals in a Hancock-area home in June 2021.

An Alford plea does not admit guilt, but acknowledges the prosecution has enough evidence to obtain a conviction.

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Powell's wife, Kelly Elizabeth Powell, entered a similar plea in the appeal of her case and received a suspended sentence in May.

The couple, in their original cases in Washington County District Court, had each been sentenced last October to six months in jail for the 2021 charges.

They also both had animal cruelty charges filed against them in 2022 stemming from Humane Society of Washington County officials visiting the home that February and finding more animals there and the home's conditions "appeared untouched" since June 2021, according to charging documents.

A dog with unhealthy skin rests its head Wednesday morning on the back of another of the 91 dogs the Humane Society of Washington County rescued Tuesday from unsanitary conditions at a Hancock-area home.

Barry Powell's sentencing Monday wrapped up what Circuit Court Judge Brett R. Wilson called "a very sad state of affairs."

Kelly Powell paid $5,000 restitution to the humane society in May, so Barry Powell had no restitution to pay Monday in court.

Crystal Mowery, the humane society's field services director, said after the May hearing that the immediate medical care needed for the dogs and cats cost more than $10,000.

"We are glad that after two long years, this case has finally come to a close," Mowery said in an email to The Herald-Mail on Monday. "We appreciate the State's enormous amount of work that they put into this.

"With this closure, the animals and those that cared for them ... and their new families can finally move on. While some of the dogs are still learning to adapt to what a real family is, they are well cared for and very much loved in their new homes," Mowery wrote.

Defense attorney David Pembroke, who represented Barry Powell, had no comment after the plea hearing.

What led to the animal cruelty charges

The plea stems from the humane society's field services staff visiting the Hancock-area home in June 2021 and removing 113 dogs and cats. The counts to which Powell entered an Alford plea focus specifically on the lack of proper space provided.

Assistant State's Attorney Dakota Parrish said the 112 animals initially removed all had been deprived of proper space due to the sheer number of animals in the home and the conditions in the home.

Among the details Mowery included in her original charging documents against the Powells was that, "Over half of the dogs in the home had dried feces caked to their fur, which is indicative of not having proper space to get away form their own feces."

Several of the 91 dogs rescued Tuesday from unsanitary living conditions at a Hancock-area home huddled together in outdoor kennels Wednesday morning at the Humane Society of Washington County. Humane society officials also evacuated 21 cats.

Five dogs and 11 cats were euthanized and a 12th cat died, Mowery has said.

All of the surviving animals had been adopted, Human Society Executive Director Colin Berry said in May.

Plea deal in Hancock-area animal cruelty case from 2021

As part of his plea deal Monday, the other counts in the case are being dismissed, said Parrish, who was filling in for Assistant State's Attorney Danielle Lackovic.

According to court records, Powell had been facing 108 misdemeanor animal cruelty charges after the state dismissed four other counts earlier this year.

Per the plea deal, Wilson sentenced Powell to 90 days, consecutive, on each of the 10 counts he pleaded to on Monday but suspended all but the three days Powell had already served in jail.

Powell will be on supervised probation for three years.

His probation conditions include not having custody or control of any animals and giving the human society reasonable access to check for animals, Wilson said.

Wilson said Powell is to continue the mental health treatment he had already started receiving.

As long as Powell successfully completes his probation, the state will dismiss a 2022 animal cruelty case against him, Parrish said. That 2022 case was previously placed on the inactive docket.

During her plea hearing in May, Kelly Powell said she realized then that she should have done something sooner, "But I felt trapped between my father telling me I wouldn't have a place to live ... and knowing I was the only one who could take care of him."

Garrett Byron, one of her public defenders at the hearing, said Kelly Powell's father had hoarding symptoms and there was a power struggle between the Powells and her father. Within five to six days of her father having a stroke, the animals were removed from the home, he said.

Kelly Powell agreed during a June 7, 2021, humane society visit to her home to allow the humane society to remove the animals and sign ownership of them over to the nonprofit, according to charging documents.

This article originally appeared on The Herald-Mail: Washington County man sentenced in appeal of animal cruelty case