Investigative Report City of Salem

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1 JEREMIAH W. (JAY) NIXON Governor DEPARTMENT of AGRICULTURE STATE OF MISSOURI JEFFERSON CITY Serving, promoting and protecting the agricultural producers, processors and consumers of Missouri s food, fuel and fiber products. DR. JON HAGLER Director Investigative Report City of Salem Complaint During the weekend of May 11 and 12, 2013, the Missouri Department of Agriculture, Animal Care Program received numerous s alleging neglect and abuse of Phineas, a dog under the custody of City of Salem. Specific allegations included the following: (1) the dog is being held in a 4 x8 primary enclosure in his own urine and feces; (2) the dog is not receiving any exercise outside the primary enclosure; (3) the dog does not have access to fresh air in the basement of the Salem Fire Department where the primary enclosure is located; and (4) the dog is not being given food or water. On May 13, 2013, Denna Tune, Animal Health Officer, investigated those complaints. Investigation May 13, 2013, interviews of Gary Brown,Mayor, Clayton E. Lucas II, City Administrator, and Jarred Brown, Code Officer, conducted by Denna Tune, Animal Health Officer, at the City of Salem Administrative Building, Salem, Mo. Mayor Gary Brown acknowledged the dog had been held at the Salem Fire Department since March 26, 2013, but had been moved to an undisclosed location May 9, 2013, due to fear of the animal being stolen. Mayor Brown stated the allegations of neglect and abuse were unfounded. Arrangements were made to visit the primary enclosure at the Salem Fire Department where the dog had previously been housed and Phineas current location. During the interview process, the City of Salem reported the following timeline regarding Phineas case. The timeline is as follows: May 23, 2012: Phineas allegedly bit a 7 year old girl on her right upper arm; teeth marks were observed by her mother. Due to the bite not being severe, the mother did not report the incident. Phineas was owned by a neighbor of the 7 year old girl. Salem Police Department, report date 06/22/2012, Complaint No , Supplemental Narrative Sequence No. 0001, dated 06/28/2012, Code Officer Jarred Brown. June 6 or 7, 2012: Phineas alledgedly bit the same 7 year old girl on her left upper arm; teeth marks were observed by her mother. The incident was not reported. Salem Police Department,

2 report date 06/22/2012, Complaint No , Supplemental Narrative Sequence No. 0001, dated 06/28/2012, Code Officer Jarred Brown. June 22, 2012: Patrolman J. Cochran #111 was dispatched to the Salem Memorial District Hospital for a report of a dog bite. The 7 year old girl allegedly bit by Phineas on May 23, 2012, and June 6 or 7, 2012, was bit by Phineas on the left side of her abdomen and scratch marks were observed on her left leg. Photo documentation indicates the skin was broken at the site of the bite. Code Officer Brown took possession of the dog so it could be quarantined as required under state law. The animal was transported by Code Officer Brown to the Dent County Animal Shelter. Salem Police Department, report date 06/22/2012, Complaint No , Patrolman J. Cockran #111. June 29, 2012: A summons was issued to Patrick Sanders, owner of the dog Phineas, for failing to provide proof of current rabies vaccination. Salem Police Department, report date 06/22/2012, Complaint No , Supplemental Narrative Sequence No. 0002, dated 06/29/2012, Code Officer Jarred Brown. July 2, 2012: Code Officer Jarred Brown was notified by City Attorney, Camm Seay to have the dog put down due to three reported bites from the dog in question. Salem Police Department, report date 06/22/2012, Complaint No , Supplemental Narrative Sequence No. 0004, dated 07/02/2012, Chief Keith Steelman. July 2012 (specific date was not provided): Patrick and Amber Sanders, owner of Phineas, verbally appealed the decision to have the dog euthanized. July 10, 2012: An administrative hearing was held regarding the appeal by Patrick and Amber Sanders. Mayor Gary Brown found Phineas a vicious dog as defined by the ordinances of the City of Salem. Euthanization was ordered to be conducted by a licensed veterinarian within 10 days of receipt of the letter by the Sanders. July 19, 2012: The City of Salem received a letter from Attorney at Law, Curtis Carle, representing the family of the 7 year old child bitten by the dog. The letter requested the City of Salem allow Dr. Clinton Jones, DVM, to euthanize the dog. Arrangement had been made with Dr. Jones to send the required sample to a laboratory for rabies testing. July 24, 2012: Ginger Joyner, Attorney at Law, representing Patrick and Amber Sanders, filed a petition for temporary restraining order, preliminary injunction and permanent injunction. Phineas continued to be housed at the Dent County Animal Shelter until the case was placed on the court docket for March 15, March 15, 2013: Judge Scott Bernstein entered a judgement in upholding of City of Salem s decision. March 2013 (specific dates were not provided): Phineas was taken from the Dent County Animal Shelter. The animal shelter indicated the dog had been stolen from his primary enclosure. City of Salem police officers made contact with Mr. and Mrs. Sanders and told them the dog needed to be returned to the animal shelter or charges could possibly be filed. It was reported the dog was returned to the Dent County Animal Shelter. March 2013 (specific dates were not provided): Due to concerns the dog would be taken from the Dent County Animal Shelter again, Code Officer Jarred Brown made contact with state licensed animal shelters in Houston and Rolla, Mo., and asked if the shelters would house the dog until the appeal had been heard and ruled on. Due to the publicity of the case, the shelters refused to take the dog into their care. March 26, 2013: Reportedly to lower the risk of the dog being taken again, Phineas was moved from the Dent County Animal Shelter to the Salem Fire Department, under the care of Fire Chief Brad Nash. At the time of the move, the location of Phineas was not disclosed to the Sanders.

3 April 22, 2013: Joseph Simon, Attorney at Law, representing Phineas, filed a motion for a new trial. April 24, 2013: Joseph Simon, Attorney at Law, representing Phineas, filed a notice of appeal. May 9, 2013: Judge Bernstein ruled the hearing on motion for new trial be set for May 23, May 9, 2013: Based on a Facebook post by a Salem Fire Department employee, Chief Nash was approached by a resident of the City of Salem about the dog being held in the Salem Fire Department basement. It was reported, Chief Nash did not confirm or deny Phineas was being held at the Salem Fire Department. May 9, 2013: Based on continued concerns about the dog being taken, Code Officer Brown moved the dog from the Salem Fire Department to an undisclosed location. May 12, 2013: The caretakers of Phineas observed him to have loose stool. Code Officer Brown had the dog seen by Dr. J. Tune, DVM (no relationship to Animal Health Officer Tune). According to Code Officer Brown, the dog s stool was negative for parasites and his temperature was normal. Reportedly, Dr. Tune told Code Officer Brown the loose stool was due to dietary changes. The animal received a single dose of antibotics. The dog was returned to the undisclosed location. May 13, 2013, telephone interview of Meredith, employee of Dr. J. Tune, DVM, conducted by Denna Tune, Animal Health Officer It was verified by Meredith, from Dr. Tune s office, that Phineas had been seen by Dr. Tune, DVM, May 12, A stool sample tested negative for parasites and the dog s temperature was recorded as normal. Dr. Tune administered a single dose of Aziumysin to the animal. Dr. Tune noted the loose stool was due to recent dietary changes. May 13, 2013, inspection of the primary enclosure Phineas was housed in at the Salem Fire Department and interviews of Brad Nash, City of Salem Fire Chief and Jarred Brown, Code Officer, conducted by Denna Tune, Animal Health Officer at the Salem Fire Department, Salem, Mo. Denna Tune, Animal Health Officer and Allyssa Dudley, reporter for the Salem Daily News were escorted by Code Officer Brown and City Administrator Clayton Lucas to the Salem Fire Department. Fire Chief Brad Nash and Craig Smith, President of the Salem Fire Department Board were present. Fire Chief Nash escorted the group to where Phineas had been temporarily housed in the basement of the Salem Fire Department. The basement of the fire department is similar to that of an earth contact home. The basement has two garage doors and a door that can be accessed from the back of the basement. The basement is separated by two rooms; one larger room with access by stairs to the top floor of the fire house and a smaller room, large enough for a vehicle to be parked in. Each room has a garage door to the outside. Phineas was housed in the smaller basement room. Inside the smaller basement room, a chain-link primary enclosure, approximately 4 x8 or larger sat on the concrete floor. The primary enclosure had a wooden platform, approximately 3 x3 in size, for the dog off the concrete floor. Fire Chief Nash stated the platform had also included a dog bed, but the dog bed had been moved with the dog. The room did not have air conditioning or heating and Fire Chief Nash reported the room stayed a consistent temperature of around 65 degrees Fahrenheit. At the time of inpsection, ammonia odors from animal feces or urine were not present. Fire Chief Nash reported he partially raised the garage door to allow the dog to get fresh air. The basement room did not provide any natural light from the outside and Fire Chief Nash stated he left the lights on in the room 24 hours a day/7 days a week during Phineas stay. Fire Chief Nash reported the dog was taken out of the primary enclosure three times a

4 day; two times a day for approximately 15 minutes and once a day for 30 minutes for walks. Fire Chief Nash stated Phineas usually waited to be taken outside, but waste was removed on a daily basis from the primary enclosure if needed. Fire Chief Nash reported the primary enclosure was cleaned and sanitized every two to three days. May 13, 2013, inspection of the primary enclosure where Phineas is currently housed and interviews of Jarred Brown, Code Officer and Clayton Lucas, City Administrator, conducted by Denna Tune, Animal Health Officer at an undisclosed location Denna Tune and Allyssa Dudley were escorted by Code Officer Brown and City Administrator Lucas to the undisclosed location of Phineas. The primary enclosure where the dog is housed is an outdoor concrete run enclosed with chain-link fencing. The primary enclosure is provided a sheltered structure, which contains a dog bed and a shade source to protect the dog from the elements of the weather. It was observed the animal had fresh water and food in his primary enclosure. During the inspection, Phineas was leashed and removed from the primary enclosure. The dog interacted well and did not show any signs of aggression. The dog appeared healthy and well cared for; no fleas or ticks were observed on the animal. The dog had two spots on his front paws where it was evident he had chewed. The spots were not raw and only showed signs of hair loss from the chewing. The dog was seen by Dr. Tune, DVM, on May 12, Code Officer Brown reported Dr. Tune did not make a diagnosis or treatment recommendation regarding the spots on Phineas front paws. Findings The findings regarding the conditions in the Salem Fire Department are as follows: (1) the allegation the dog was held in a 4 x8 primary enclosure in his own urine and feces at the Salem Fire Department could not be substantiated; (2) the allegation the dog was not receiving any exercise outside the primary enclosure could not be substantiated; (3) the allegation the dog did not have access to fresh air in the basement of the Salem Fire Department could not be substantiated; and (4) the allegation of the dog not being provided food or water could not be substantiated. The primary enclosure and conditions of the area in which the animal was housed in at the Salem Fire Department meets the standards under the Animal Care Facilities Act. The finding regarding the current location of Phineas is as follows: The allegation of abuse and neglect of Phineas could not be substantiated. The dog is provided food, water, shelter and veterinary care. The current care of Phineas meets the standards under the Animal Care Facilities Act.

5 May 13, 2013: Phineas

County Board of County Commissioners to provide and maintain for the residents

ORDINANCE NO. 2004-44 AN ORDINANCE OF THE BAKER COUNTY BOARD OF COUNTY COMMISSIONERS ESTABLISHING PROCEDURES TO DETERMINE ANIMALS ARE DANGEROUS; REGULATING DANGEROUS AND RABID DOGS; AUTHORIZING EUTHANIZATION