Millersville Couple Who Starved Dog Convicted On 2 Charges

MILLERSVILLE, MD — A couple from Millersville have been convicted on charges of mistreating their dog, which slowly starved and deteriorated for untreated medical problems, prosecutors said. Lynn Upton, 49, and Bryan Upton, 55, of Millersville, were found guilty of failing to provide proper veterinary care and depriving their dog of sustenance by an Anne Arundel County Circuit Court jury.

"It is cruel and inhumane to allow an innocent animal to waste away," said Anne Arundel County State's Attorney Wes Adams on Tuesday. "Pet owners are responsible for the wellbeing of the animals entrusted to their care."

On June 2, 2014, a county Animal Control officer checked on an anonymous complaint of an emaciated German shepherd. The officer noted that the dog, Max, appeared to be severely underweight, with ribs, hip bones, and spinal bones all visibly protruding from his body. The Uptons initially refused to seek veterinary care. After Animal Control threatened to seize the dog, the Uptons brought him to the Millersville Animal Hospital. At that point, Max was about 10 to 15 pounds underweight.

Over the following nine months, authorities say the Uptons repeatedly disregarded the instructions of both Animal Control and veterinarians. They did not heed the veterinarian's recommendations, failed to appear at follow-up appointments, and refused the medical tests required to identify the root cause of Max's continued weight loss.

On March 31, 2015, Animal Control seized Max and brought him to Waugh Chapel Animal Hospital for a medical examination. The doctor said he had seen few cases so in need of state intervention. The dog was between 15 and 20 pounds underweight, could not stand, defecated uncontrollably, had a bacterial infection, and a large mass in his chest cavity. The doctor recommended immediate euthanasia.

A necropsy determined Max had very little food in his stomach indicating he had not been adequately fed in the days before he was euthanized. Additionally, Max had only 10 to 15 percent lung function, and a 6-pound tumor in his left lung.

Both Lynn and Bryan Upton face up to 90 days in jail and/or a fine of $500. Sentencing is scheduled for April 4.

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