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Friday, February 25, 2011

Circus, contractor reach plea deal over illegal elephant sale
By KELLY CUCULIANSKY, Staff writer, Daytona News-Journal
February 25, 2011
Tina and Jewel, former elephant stars of the DeLand-based Cole Bros. Circus, were at the center of a federal investigation that culminated this week with the circus, its owner and a former contractor reaching a plea agreement on a misdemeanor charge of illegal sale of endangered species.
The Asian elephants settled into retirement at their new Los Angeles Zoo home last fall, but not before being unlawfully sold in 2006 to an east Texas man for demonstrations and programs at a private facility in Leggett, Texas, federal officials said. The pair were confiscated by the U.S. Department of Agriculture in the summer of 2009, after investigators said they found the pachyderms had lost substantial amounts of weight.
In a deal with prosecutors completed Tuesday, circus owner John Pugh and former independent contractor Wilbur Davenport settled the charge of illegally selling the pachyderms by agreeing to three years' probation, community service and fines.
Cole Bros. Circus spokeswoman Renee Storey said the issue was a "technicality." Pugh admitted he "failed to assure" that Davenport had obtained the necessary permit before transferring ownership of the elephants, according to a prepared statement. Storey said the circus continues to use elephants in its performances.
"Animals currently appearing as part of the Cole Bros. Circus are engaged by contract, and Cole Bros. Circus takes extra care to assure that all animal acts have the proper permits, and that the animals are treated in a humane and respectful manner," the statement said. "Mr. Pugh has taken full responsibility for his actions and has cooperated fully with the investigation, and the matter is now closed."
Pugh and Davenport pleaded guilty to violating the Endangered Species Act and were sentenced to 100 hours of community service every year for the three years of their probation.
Pugh's plea deal requires him to pay a $4,000 fine and $1,200 to a community service organization that works for conservation or rehabilitation of Asian elephants. Cole Bros. Circus is under four years of probation and has to pay a fine of $150,000 -- the value of the elephants.
Davenport, who was sentenced to a $5,200 fine, lost custody of the elephants almost two years ago after the federal Animal and Plant Health Inspection Service served him with a complaint alleging he failed to ensure safety and did not provide adequate veterinary care or food.
Tina and Jewel's odyssey started four years ago when they were sold through a lease-to-purchase agreement between Pugh and Davenport, federal officials said. The elephants, which have been companions for 30 years and were born in the wild, were priced at a total of $150,000.
Davenport performed with the elephants for the circus through the summer and fall of 2006 to pay off the balance owed for Tina and Jewel and then moved the elephants to his home facility in Texas. He intended to use the elephants, estimated to be in their 40s, for private events, personal demonstrations and elephant rides.
The men, however, did not secure the necessary permit to sell the endangered species across state lines, according to a news release issued by the U.S. Department of Justice.
"In limited circumstances, permits are issued when applicants demonstrate the sale or transfer of the endangered species will further scientific research, or enhance the propagation and survival of the species," the release state.
About 35,000 to 40,000 Asian elephants remain in the wild in India, China and much of Southeast Asia, according to Defenders of Wildlife's website. Deforestation is the main threat to their survival.
Tina and Jewel began their rehabilitation at the San Diego Zoo in 2009, where they were free to roam a 2.5-acre exhibit, said zoo spokeswoman Yadira Galindo.
They arrived underweight, with abscesses on their feet and dental issues, Galindo said. According to a zookeeper's online report, Jewel gained 1,000 pounds over the course of her roughly one-year stay.
By November 2010, they had recovered enough to move to a newly built home at the Los Angeles Zoo.
When the females walked into their new Elephants of Asia Barn, "they immediately vocalized with trumpets, squeaks and chirps," according to the zoo's website.
Billy, a male elephant, stood outside the barn, watching with interest, and then called back.

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