A local pet sitter was charged with animal cruelty last month after a dog in her care died.
Marie Whelan, owner of Tricks and Treats Pet Sitting in Telluride, has taken care of residents’ animals since 2004.
The dog, named Penny, died due to “possible…complications of heat stroke” from being left in Whelan’s vehicle, according to Christine Capaldo, a veterinarian at the Animal Hospital of Telluride.
The Daily Planet obtained multiple police reports filed by the Telluride Marshal’s Department documenting the incident.
Whelan picked up Penny from her owner on July 7 at approximately 10:30 a.m. When Whelan did not return Penny that evening, her owner became worried, according to the report.
He called Whelan at approximately 6 p.m., but she did not answer the phone. A few minutes later, Whelan sent a text message asking if he needed her to let the dogs out.
The owner then asked Whelan where Penny was and received no response. He continued to try contacting her via text message and phone call, to which she did not respond.
The dog’s owner received a call shortly after 7 p.m. from Whelan, who was at the Animal Hospital of Telluride. She informed him Penny was deceased.
The police contacted Capaldo, who examined Penny, for more information regarding the circumstances of her death.
Capaldo told police it “was very apparent that the dog had been dead for ‘at least a while,’” according to the report. Whelan was allegedly so upset, she could barely speak, but she told Capaldo that she left Penny in the car for “approximately 20 to 30 minutes” while she got food.
Whelan claimed she parked her vehicle in the shade with the windows rolled down.
Capaldo took the dog’s temperature, which was 109 degrees Fahrenheit, the highest temperature the thermometer could read. X-rays and an ultrasound were also performed on Penny, but there were “no obvious signs of trauma,” according to a statement from Capaldo.
Capaldo was unable to determine the time of death, but noted the dog was in rigor mortis when Whelan brought her to office.
Deputies attempted to locate Whelan the same evening, but were unsuccessful.
They interviewed her the following day about Penny’s death. According to the police report, Whelan admitted that she “basically forgot her in the car” when she became sidetracked after going into her residence to get something to eat.
When Penny’s owner contacted her about the dog, only then did she remember leaving her in the vehicle.
“Marie informed me that normally the dogs she watches throughout the day are dropped off with their owners by that time, so she was not used to having a dog in the evening,” the officer wrote. “Marie also stated she was taking medication for teeth issues that may have factored in forgetting about Penny.”
Whelan was issued a summons for animal cruelty and appeared in court on Tuesday for an advisement hearing. Her next court date is Oct. 1 at 2 p.m.
The Daily Planet reached out to Whelan, who declined to comment on the allegations.
This incident is not the first time police have contacted Whelan regarding the animals in her care.
A supplemental report filed by a deputy at the marshal’s department said Whelan was contacted by police in the winter of 2022 because she was sitting on the ground in the Shandoka parking lot.
The ground was covered in snow and the temperature was below freezing, according to the report.
Whelan, who was allegedly “unable to respond due to a high level of intoxication,” had a leashed dog with her.
“I went to take the dog, which was under the care of Marie, to place it in my patrol car to warm up as it was shaking with early signs of hypothermia,” the report reads. “Marie was initially unwilling to release the dog.”
Whelan was cleared by EMS and transported to her residence, where the dog was given back to her and her sober roommate.
In September 2023, deputies were asked to perform a welfare check on Whelan, who was hired to watch a dog but had not returned it at the agreed upon time. The owners of the dog attempted to contact Whelan, but she did not answer.
Deputies were able to locate Whelan’s vehicle, which was parked in the Shandoka parking lot. It was unoccupied and two dogs were in the back seat. The vehicle was unlocked and the dogs were retrieved without further incident.
“I believe my interactions with Marie show a pattern of neglect for animals in her care,” the officer wrote.
The owner of one of the dogs in that incident spoke to the Daily Planet on Thursday about her experience using Whelan as a pet sitter. She asked to remain anonymous.
The woman said she used Whelan for years as a dog sitter with no issues.
In the incident last September, when Whelan had not returned her dog by 10 p.m., she went looking for her.
“When we pulled into the apartment complex, there was a police car and two officers,” she said. “It was estimated the dogs had been in that car for four to five hours.”
The next morning, her husband called Whelan, who allegedly had no explanation for her behavior.
“She just said, ‘Yeah, I messed up big time,’” the owner said. “There was no apology. I actually tried calling her a couple more times and left a message saying we were concerned about her.”
Whelan is apparently still operating her pet sitting business, she said, despite the death of Penny.
“I’ve seen her driving through Mountain Village with a car full of dogs,” she said. “I hate to impact someone’s livelihood, but this is an ongoing issue.”
