Twelfth Circuit Judge Peter Dubensky sentenced the operators of Napier’s Log Cabin & Animal Sanctuary to jail for fraud and animal cruelty March 27. Three days later, one appealed.
Alan S. Napier, 52, was sentenced to 36 months in the Florida Department of Corrections and four years probation. He received 54 days credit for time served.
His wife, Sheree Lee Napier, 46, was sentenced to 270 days in county jail and three years probation.
On March 30, Sheree Napier’s court-appointed attorney appealed her case to the Second District Court of Appeal.
In addition to jail time and probation, both Napiers were sentenced to 200 hours of community service, specified to be unrelated to animals.
The sentencing came on the heels of an eight-day jury trial and Feb. 4 verdict, nearly a year after the Manatee County Sheriff’s Office rescued 300 animals, mostly dogs and cats, living in excrement, starving and sick, from the Napiers’ East Manatee home shelter.
The jury found the couple guilty of eight counts of aggravated animal cruelty and one count of a scheme to defraud. It also found Alan Napier guilty of unlawful solicitation of funds in connection with the nonprofit.
“Actually, I thought the sentences were just,” said Jean Peelen, a Holmes Beach city commissioner and Manatee County Animal Services Advisory Board member. She attended the trial and sentencing.
Noting the Napiers’ home is in foreclosure and their business unlikely to continue, Peelen said “they’ve lost everything at this point.”
“I don’t think any more time would bring any more justice for the animals,” she added.
In Sheree Napier’s appeal, Assistant Public Defender Jennifer Joynt-Sanchez is challenging numerous judicial rulings, including those that brought in property records, failed to suppress evidence and failed to separate the financial from the animal cruelty charges.
She also is requesting a stay of her client’s sentence and bond to be set by the trial court.
The Napiers operated a home-based for-profit newsletter and received certain nonprofit exemptions. The state also alleged they solicited donations for the shelter but used them for personal expenses, including a $4,000 cruise.
At trial, the Napier’s defense contended the sheltering business got out of hand for an overwhelmed couple and Manatee County Animal Services’ no-kill efforts contributed to the placement of more cats and dogs at their facility.
Peelen said the state countered the notion of the owners being “overwhelmed” by emphasizing Alan Napier was buying and selling dogs.
MCAS was one of several places the Napiers obtained animals. The county department has been widely criticized for allowing the relationship to continue after receiving complaints about the Napiers’ shelter operation.
Leaders of the MCAS have claimed their hands were tied because animal services officers could not make unannounced visits, but say new transfer agreements requiring inspections will be enacted in future shelter animal placements.
The next court date in Sheree Napier’s case is set for 8:30 a.m. Monday, April 13, at the Manatee County Judicial Center, 1051 Manatee Ave. W., Bradenton.