Attorneys/Judges
| Prosecutor(s): | Steve Kunzweiler | | Defense(s): | Keith Ward | | Judge(s): | Allen Klein |
Rescue neglect - over 60 animals seized
Owasso, OK (US)Incident Date: Wednesday, Apr 25, 2007
County: Tulsa
Charges: Felony CTA
Disposition: Alleged
Alleged:
» Penny Joanne Clark
» Fernon Jardine Clark, III - Dismissed
Case Updates: 2 update(s) available
Prosecutors charged a former animal rescue operator and her husband on Nov 26 with seven felony counts of cruelty to animals, Tulsa County District Attorney Tim Harris said.
Penny Joanne Clark, 43, and her husband, Fernon Jardine Clark III, 45, both of Owasso, are accused of acting in concert to deprive four dogs and two cats of necessary food, drink, shelter or veterinary care to prevent suffering from emaciation, malnourishment, dehydration and other ailments, court records show.
A seventh count cites "numerous dogs and cats" being deprived of proper food, drink, shelter and veterinary care.
Reached by telephone late Monday afternoon, Penny Clark said she was unaware of the charges and was not prepared to comment. She stepped down from her position at New Hope Animal Rescue in mid-August.
The counts stem from the August seizure of more than 60 dogs and cats from New Hope's operation on East 105th Street North. More than 40 animals were euthanized.
Animals listed in the charges were two boxers, one Labrador retriever, one schnauzer and two tabby-colored cats. Three of those animals ultimately were euthanized because of poor health, records show.
The black Labrador retriever allegedly exhibited open sores, pus discharge from the eyes, fly bites on the ears and nose and severe flea-tick infestation and neglect, documents indicate.
A broken-tabby colored cat allegedly exhibited flea infestation and a "dead tail," which fell off before a scheduled veterinary amputation, records show.
After Penny Clark's departure, New Hope named an interim director who aided in the animals' relocation. That came after the city of Owasso denied the rescue group a special exemption that would have eased the restriction on the maximum number of dogs (four) and cats (six) that a rescue permit holder or foster home operator can have.
Each animal cruelty count is punishable upon conviction by up to one year in the county jail to a maximum sentence of five years in the state penitentiary and a $500 fine, statutes indicate.
Case UpdatesA former Owasso animal rescue operator must face trial on an animal cruelty charge linked to the condition of a dog in 2007, a judge ruled Thursday.
At a preliminary hearing, Penny Joanne Clark was bound over for trial on a felony charge involving a female schnauzer named Gracie.
Prosecutors contend that Gracie was healthy when she was taken to Clark in April 2007 and that the dog was in her care until August 2007, at which time a veterinarian diagnosed the dog as extremely malnourished.
At Thursday's hearing, defense attorney Keith Ward asserted that the prosecution didn't produce any evidence of any act by Clark that would have caused or increased suffering by the dog.
Special Judge Allen Klein found sufficient evidence that "the animal was not properly fed" to support the charge.
Outside of court, Assistant District Attorney Steve Kunzweiler said Gracie is now "doing great."
Clark, 45, remains free on bail. She no longer runs an animal rescue operation, Ward said.
In February 2008, the District Attorney's Office dismissed for further investigation a seven-count animal cruelty charge that was filed in November 2007 against Clark and her husband, Fernon Clark III.
Those dismissed counts stemmed from an August 2007 seizure of animals by law enforcement officers from Penny Clark's New Hope Animal Rescue at 13017 E. 105th St. North in Owasso.
Authorities seized more than 60 dogs and cats, and many animals ultimately were euthanized,
records show.
Ward said in 2008 that none of the animals was "euthanized because of any insufficiency in the care that she gave them."
Gracie was among the animals seized, Kunzweiler said.
He has said the case was thoroughly re-investigated, resulting in a May 29 refiling of one count against Penny Clark alone. | Source: Tulsa World - July 16, 2009
Update posted on Jul 16, 2009 - 2:44PM |
Penny and Fernon Clark entered not guilty pleas on Tuesday morning in the Owasso animal cruelty case. Tulsa County District Attorney Tim Harris charged the couple with seven counts of Animal Cruelty last week.
"People expect a quick fix when it comes to pet overpopulation, and they wanna dump it on someone else. So they dump it on the shelters or they take it to a small rescue, and that rescue becomes full," said Peggy Clark of the New Hope Animal Rescue.
Clark's attorney says his client only had two options.
"When an animal is abandoned or otherwise dumped at her property, she has two choices: she can either turn her back, or she can take the animal in and do the best that she can with the animal," said Peggy Clark's Attorney, Keith Ward.
Clark's attorney maintains the Clarks never "willfully" abused or neglected the animals, and wants all charges dropped. | Source: KOTV - Dec 4, 2007
Update posted on Dec 5, 2007 - 2:02PM |
References
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