Case Details
Case Snapshot
Case ID: 14487
Classification: Hoarding
Animal: dog (non pit-bull)
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Person(s) in animal care
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Attorneys/Judges
Prosecutor(s): Nathan Stallings, Sarah Zambon
Defense(s): Joel Stevenson
Judge(s): Athena Brooks




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Case #14487 Rating: 2.4 out of 5



Hoarding - 44 animals seized
Flat Rock, NC (US)

Incident Date: Wednesday, Jul 23, 2008
County: Henderson

Charges: Misdemeanor
Disposition: Convicted

Defendant/Suspect: Kim Kappler

Case Updates: 4 update(s) available

The former director of an animal shelter is under investigation after deputies say they found 44 animals in her home. The animals were seized from the 1,140 square foot home in Flat Rock, after complaints of odors and barking dogs. We're told 4 dogs had to be taken to the vet for immediate medical treatment.

The Henderson County Sheriff's Office said the home was very unsanitary with urine and feces readily visible. The rest were placed in the county's animal services center. The Sheriff's Office says the occupant, Kim Kappler, 51, had received previous warnings. Kappler was once the director of All Creatures Great and Small, a no kill animal shelter.

Kappler faces several charges including 7 counts Failure to have Current Rabies Vaccine, 44 counts Mistreatment of Animals, 34 counts of Failure to Comply with Companion Animal Permit. Kappler faces over 4-million dollars in fines.

Deputies told News Channel 7 reporter Elizabeth Owens that the neighbors had complained about the residence before. In January Kappler had about 20 animals in her home deputies said. According to Lt Ben McKay, Kappler had been warned in January of 2008, to come into compliance in order to avoid costly fines and the seizure of the 17 animals housed at that time at the residence. The most recent investigation revealed that conditions had worsened and the number of animals living in the 1150 square foot residence had increased substantially rather than decreased. Many of the animals appeared to be in poor medical condition and four required immediate veterinary treatment.


Case Updates

Kim Kappler, former owner of the no-kill animal shelter All Creatures Great and Small, pleaded guilty this afternoon to 86 misdemeanor charges of mistreating dogs and cats. She was sentenced to 36 months of unsupervised probation.

Kim Kappler, former owner of All Creatures Great and Small, sits with her legal counsel as she pleaded guilty this afternoon to 86 misdemeanor charges of mistreating dogs and cats.

In July, sheriff's deputies and animal control officers seized 44 animals from her home in Flat Rock, charged her with multiple violations of the county's animal control ordinance and assessed a $4.4 million fine. At the same time, Kappler was charged with the 93 misdemeanors.

Seven of the charges were dropped by the district attorney's office because they were duplicate charges.

District Court Judge Athena Brooks asked prosecutors if any of the animals were harmed by Kappler. Assistant District Attorney Nathan Stallings said the animals had food and water, but were kept in unsanitary conditions.

"At least seven of the animals were not vaccinated," he said. "She did take the animals to the vet and it appears she was diligent in doing so, but these animals did not have the necessary vaccinations."

Stallings also explained that a few of the animals have since been euthanized by the animal shelter due to old age and disease, but not due to any of Kappler's actions.

Assistant County Attorney Sarah Zambon was also present during this afternoon's proceedings to explain Kappler's civil lawsuit with the county.

"The county is currently in negotiations with Ms. Kappler's attorneys on the civil side of this," Zambon said. "We hope to have this worked out in the next week."

Kappler hung her head as the judge, assistant district attorney and assistant county attorney talked about her case.

"I have no evidence of mistreatment," said Asheville attorney Joel Stevenson, who represented Kappler. "There has been no mistreatment other than having too many animals and Ms. Kappler being in violation of local ordinances. Ms. Kappler cares too much about animals. She has never seen an animal that she doesn't want to help. She took on more than she should have. I can assure you that Ms. Kappler would never harm an animal."

Stevenson told the court that Kappler has made concrete plans to move out of Henderson County and North Carolina.

"Ms. Kappler has no prior convictions even though there is nobody in Henderson County that hasn't heard of her," Brooks said before sentencing Kappler to 45 days in jail. That sentence was suspended and replaced by the three years of unsupervised probation.

"If you don't want to go to jail, Ms. Kappler, you can't have more than 10 animals in your home," she said. "I will need to see her back in court in February in ensure she is in compliance."

Kappler was ordered to appear again in District Court on Feb. 13.
Source: Blue Ridge Now - Oct 29, 2008
Update posted on Oct 30, 2008 - 12:11AM 
The former owner of All Creatures Great and Small is slated to appear in court Wednesday morning on 93 misdemeanor charges of mistreating dogs and cats.

Kim Kappler, owner of the former All Creatures Great and Small shelter, listens during a meeting in January at with the Henderson County Board of Commissioners.

In July, sheriff's deputies and animal control officers seized 44 animals from Kim Kappler's home in Flat Rock and charged her with multiple violations of the county's animal control ordinance and assessed a $4.4 million fine. At the same time, Kappler was charged with the 93 misdemeanors.

The animals are being housed at the county animal shelter. Kappler said she visits them often and praised the staff at the shelter for letting her see the animals.

She said she never considered giving any of the animals away. She could not make a choice on which member of her family should be adopted out, Kappler said.

"That was not an option for me, finding new homes for my animals," Kappler said in a previous interview.

A county appeals board unanimously denied Kappler's appeal of 86 animal violations and the resulting fines of $4.4 million in August.

Kappler can appeal the board's decision to Superior Court.

The fines Kappler was assessed was based on the number of animals multiplied by the number of days she violated the county's animal control ordinance.

The bulk of the fines is for mistreatment of animals. The county calculated a $500 fine for each animal for 181 days, which is roughly the time between contacts with the sheriff's department.
Source: Blue Ridge Now - Oct 28, 2008
Update posted on Oct 30, 2008 - 12:10AM 
District Court Judge Athena Brooks granted Kim Kappler an extension Wednesday on 93 misdemeanor charges of mistreating dogs and cats. Her next court appearance was set for Oct. 8.

In July, sheriff's deputies and animal control officers seized 44 animals from Kappler's home in Flat Rock and charged her with multiple violations of the county's animal control ordinance and assessed a $4.4 million fine. At the same time, she was charged with 93 misdemeanors.

After the hearing, Kappler told the Times-News her main concern was getting her animals back, despite the huge legal obstacles she faces. She admitted that she violated the county's anima control ordinance limiting residents to 10 animals in a house, but said she was planning to move to South Carolina.

Kappler said that she thought she had an agreement with sheriff's deputies to keep the dogs and cats until she moved.

"I had an understanding with the powers that be," Kappler said.

Kappler recently hired Asheville attorney Joel Stevenson. She was not represented by an attorney at the hearing last week before the Animal Services Advisory board, which upheld the $4.4 million in fines.

"They ran roughshod over me," Kappler said. "That was easy to do."

The animals are being housed at the county animal shelter. Kappler said she visits them often and praised the staff at the shelter for letting her see the animals.

She said she never considered giving any of the animals away. She could not make a choice on which member of her family should be adopted out, Kappler said.

"That was not an option for me, finding new homes for my animals," Kappler said.
Source: Blue Ridge Now - Aug 13, 2008
Update posted on Sep 2, 2008 - 11:26PM 
The Henderson County Animal Services Advisory Committee voted unanimously to uphold 86 civil violations and more than four million dollars in fines against an animal owner.

The board voted 6-0 to deny an appeal by Kim Kappler of Hendersonville according to a written news release. The fines total $4.4 million.

Henderson County Animal Enforcement officers say 44 animals were removed from Kappler's home on July 22. She was cited with 44 counts of mistreatment of animals, 34 counts of failure to have current rabies vaccinations and one count of public nuisance.

"I know your heart is in the right place, but you are still violating the county ordinance," said Chairman Steve Branzell during the seven-hour hearing. "it's not what your circumstances are, it's whether you broke the law or not."

Criminal proceedings in the case are scheduled in district court on August 13.
Source: WSPA - Aug 8, 2008
Update posted on Sep 2, 2008 - 11:25PM 

References

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