NANAIMO — Citing a communication breakdown with his father, a man was fined $1,500 and handed a five-year ban for being responsible for an animal after neglecting his young dog.
Sean Scott Modeste, 27, pleaded guilty on Wednesday, Aug. 13 to causing an animal to be in distress under the Prevention of Cruelty to Animals Act and was sentenced at provincial court in Nanaimo.
His Pitbull-mix puppy Shadow was neglected between February and March of 2023, where the malnourished dog was found over the course of several weeks chained-up outside a Ladysmith home without access to food, water or shelter.
On Feb 17, 2023 the BCSPCA received a complaint from a Ladysmith RCMP officer who spotted the distressed animal the day prior.
“The dog appeared extremely underweight,” Crown prosecutor Brett Webber told court.
The suffering animal was provided food and water from police the following day.
On Feb 21 the BCSPCA received a similar complaint of a chained dog with no access to food or water.
An SPCA animal protection officer went to the property the same day, reporting Shadow to be in the same condition, tethered of home’s front exterior.
“Beside the dog was a small wooden box, which appeared to be on the ground with no flooring, only big enough for the dog to be able crawl into. There was not enough room to sit, stand or move around, and again no water or food available for the dog who was underweight and hips were visible,” cited the SPCA animal protection officer.
Hubert Modeste, who was the co-accused on the file prior to charges being stayed, answered a knock on the door and addressed the animal protection officer.
He confirmed Shadow was his son’s dog and that he had no idea when he’d be returning.
Sean Modeste had lived in the home, but left due to a dispute, court was told.
Both Hubert Modeste and the SPCA animal protection officer reported inabilities making contact with the accused.
On Feb. 27, the same SPCA employee returned to the home, once again observing nothing had changed.
“Hubert stated that he’d been attempting to feed the dog when the RCMP would stop by and provide some food,” Webber said.
A distress notice was left, articulating inadequate food, shelter and water for the animal with compliance mandated within 48-hours.
On March 1 the SPCA animal protection officer returned to find no change in Shadow’s situation, who then applied for a warrant to seize the suffering animal.
The next day Shadow was found in the same condition, so he was seized by the SPCA and eventually assessed at a veterinarian clinic.
An experienced vet with over 40 years experience determined Shadow was suffering from severe malnutrition, had minimal or no fat and muscle loss.
Blood work showed skin inflammation and infections.
The vet stated Shadow’s condition resulted from neglect and that the animal should not be returned to its owner.
Shadow bounced back in SPCA care, gaining about six pounds in just three days.
“As it turned out the dog was saved and has been re-homed,” Webber told court.
Modeste is Indigenous, a father of four and lifelong Vancouver Island resident.
In a barely audible tone, Modeste expressed regret for his actions, telling judge Karen Whonnock he was unable to contact his father.
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