Kelly Hathaway of Pittsfield pleaded guilty on Friday to two counts of animal cruelty in Central Berkshire District Court as part of a plea agreement. Following the plea agreement, she was ordered to have a mental health evaluation and follow any after care as instructed by the court.
She was placed on two years probation and ordered to perform 50 hours of community service. She is not allowed to possess any animals and was ordered to surrender any she has in her care. She is also prohibited from volunteering with any animal groups.
Hathaway and another defendant were charged last March with abandoning 15 cats on back roads in Richmond and Lanesborough after an investigation by Lanesborough Police, Lanesborough Animal Control and the Massachusetts Society for the Prevention of Cruelty to Animals.
Two of the cats died, possibly from exposure, and another was never found. Temperatures ranged from about minus-6 to 28 degrees on the weekend of Jan. 28 and the cats found in Richmond were undernourished and dehydrated.
According to the police report, Hathaway said her landlord had told her to remove the animals because of the smell.
The cats were discovered by a motorist on Jan. 31 and he, animal control, volunteers and the Berkshire Humane Society worked to get the cats to safety. They were later adopted out by the Humane Society.
The animal cruelty charges could have meant fines of up to $5,000 and time in jail or prison.
The case was prosecuted by Assistant District Attorney Aleah Fisher and Megan Rose.
The Berkshire District Attorney's Office thanked the agencies involved for the assistance in the investigation, including the State Police.
"We are very pleased that we can bring this case to a resolution. MSPCA was very pleased with the outcome as we took into consideration the defendant's intellectual disability and willingness to accept responsibility," said Rose. "Thank you to the Berkshire Humane Society for their assistance with finding homes for the abandoned animals."
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Adams Couple Sentenced to Staggered Prison Terms in Death of Foster Infant
By Brittany PolitoiBerkshires Staff
PITTSFIELD, Mass. — An Adams couple will serve staggered three-to-five year prison sentences for the 2020 death of their foster infant.
Their sentencing was delayed by Judge Tracy Duncan until Thursday to determine how their four children, two of whom have high needs, would be cared for.
Kristoff was just 10 months old when he died from complications with respiratory illness, strep throat, and pneumonia. A Superior Court jury determined that his death was a result of neglect. The commonwealth requested five years in prison and three years of probation for both defendants.
On Thursday, the rescheduled hearing for sentence imposition was held, and Tucker and Barlow-Tucker were sentenced to state prison for manslaughter involving neglect of legal duty, and three years of probation for reckless child endangerment.
Court documents state that Barlow-Tucker was committed to the Massachusetts Correctional Institution in Framingham. She will serve three to five years there first; her husband, will serve his sentence once hers is completed but will be on probation.
"The sentences imposed will be a state prison sentence of not less than 3 years and not more than 5 years to MCI as to each Defendant as to count #1. The sentences will be staggered. Ms. Barlow-Tucker will serve her incarceration sentence first," court dockets read.
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