Attorneys/Judges
| Defense(s): | Letta Dillard Gorman | | Judge(s): | Thomas Head |
Dogs found in deplorable conditions at shelter
New Brockton, AL (US)Incident Date: Thursday, May 19, 2011
County: Coffee
Charges: Misdemeanor
Disposition: Alleged
Alleged:
» Lenwood Walter Herron
» Tony Bloodsworth
Case Updates: 4 update(s) available
Animal advocates removed five malnourished dogs from the New Brockton Shelter Friday morning in an effort to save their lives.
Jake Hendrix, a veterinarian with Animal Health Center in Enterprise, examined the dogs before they were each loaded into a truck and removed from the makeshift shelter.
The dogs were discovered after law enforcement received reports that they were being mistreated and malnourished.
When officers arrived at the makeshift shelter, they found the dogs living in their own feces, in desperate need of medical attention, with undrinkable water and insect-infested food.
An additional dog was chained outside the shelter without food or water.
Officers found the dead carcasses of animals, believed to be dogs, near the shelter.
Jessica Nelson was the first individual to report the shelter to law enforcement.
"I was shocked to see it when I first came out here," she said. "I knew I had to do something. I knew I had to help these animals."
Coffee County Sheriff Dave Sutton couldn't hide his anger when seeing the condition the dogs were living.
"You've met one of the biggest animal lovers in the county. This sheriff is going to prosecute animal cruelty," he said.
Newly appointed New Brockton councilwoman Kathy Holley was also visibly upset by the conditions she saw when she looked at the shelter and heard the painful whimpering of the dogs inside.
"It is very disgusting. Nobody loves animals like I do," she said. "I can't believe they would be allowed to live like this."
Holley said she was under the impression that stray animals in the town were taken to Elba.
"I think what should be done is what he (Mayor Lenwood Herron) said was going to be done and take them to Elba. Obviously, he is going to do what he wants to do," she said.
Bill Brooks, SOS Animal Shelter director, said the dogs of the town's shelter were the victims of "terrible neglect."
"In the 11 years I have been working in animal rescue, I have rarely seen anything like this," he said.
The conditions the animals were living in is not acceptable in Alabama, Brooks said.
The conditions are not acceptable on a personal level, he said, and are completely not acceptable at a municipal level.
Investigators with the sheriff's department Friday morning were interviewing witnesses about the animal shelter.
Officials learned Friday one dog kept at the shelter was the personal pet of the town's animal control officer.
Criminal charges are expected.
Case UpdatesAn animal cruelty charge against New Brockton Mayor Lenwood Herron will head to trial after Circuit Judge Thomas Head denied a motion to dismiss the charges.
Head heard arguments for and against the motion on Monday afternoon. Herron's attorney, Letta Dillard Gorman, filed the motion arguing that the mayor had acted in "good faith" in providing animal control services for the town.
In May, five dogs were found in neglectful conditions at the town's animal shelter, leading to a second-degree charge of cruelty to a dog or cat for both Herron and animal control officer Tony Bloodsworth.
In the motion, Gorman said the Code of Alabama protects Herron from prosecution in this case since "neither the county or municipality, nor any employee or agent of the county or municipality, acting in good faith, shall be liable for any action taken."
In Monday's hearing, Gorman also argued Herron's only connection to the shelter was as mayor and not in any individual capacity.
"Is the mayor liable as individual when it is the mayor and the council as government?" she asked.
Head said while the statute provides for "good faith" acts, to argue that the mayor acted in good faith is a "question of fact" to be determined in trial.
"I have no clue to the facts," he said. "How can I get (to the ruling) without hearing evidence?"
Head took the matter under advisement, but later issued a written order denying the motion. In the order, Head found "that said motion involves determination of an issue of disputed fact properly reserved for trial."
Head also considered a similar motion in Bloodsworth's case Monday and issued the same written order denying the motion.
The second-degree cruelty charge both men face is a Class A misdemeanor. | Source: dothaneagle.com - Dec 7, 2011
Update posted on Dec 8, 2011 - 2:42PM |
A New Brockton animal control officer has turned himself in to authorities Friday morning after a Coffee County grand jury indicted him on an animal cruelty charge.
Tony Bloodsworth was charged with cruelty to dogs and/or cats in the second degree for his alleged role in the treatment of five dogs housed at the New Brockton Animal Shelter.
He was later released under a $300 bond.
Bloodsworth was allegedly one of two men, including New Brockton Mayor Lenwood Herron, responsible for the care of stray animals that were taken to the makeshift shelter.
Bloodsworth and Herron were charged with misdemeanor animal cruelty charges almost a month after sheriff's deputies first received reports that numerous canines were being mistreated and were malnourished at the makeshift New Brockton-owned animal shelter.
When officers arrived at the shelter, they found four dogs living in feces inside a cage. Each animal, including two puppies, was found in need of medical attention, with undrinkable water and insect-infested food.
An additional dog was chained outside the shelter without food or water. The dog was observed eating insects and grass.
About 24 hours after the shelter was discovered, a puppy died. | Source: zwire.com - Jun 20, 2011
Update posted on Jun 10, 2011 - 4:29PM |
New Brockton Mayor Lenwood Walter Herron, 58, turned himself in to authorities late Monday after a Coffee County grand jury indicted him on an animal cruelty charge.
Herron faces one second-degree count of cruelty to a dog or cat, a Class A misdemeanor. The charge stems from the May 19 discovery of five dogs in neglectful conditions at the New Brockton animal shelter.
"There was little food inside and all kinds of gnats and flies. There were also feces in the pen, and two puppies looked like they were so sick, they wouldn't even move," Coffee County Sheriff Dave Sutton said in describing conditions at the town's pound.
"We also found one dog that had a chain so tight it dug into its skin. This dog was chained improperly outside without any food or water."
Coffee County authorities sought the indictment because Herron, as mayor, is ultimately responsible for town-related incidents.
"The law says the mayor is in control of daily activities of the city," Coffee County Chief Deputy Ronnie Whitworth said. "In questioning the animal control officer, (he) would ask for food, and (he) may go a long time without getting it. They always had to go to (Herron) to get it."
Sutton said he and his office did not consider political ramifications during the investigation.
"We were acting on a complaint by a citizen of New Brockton," he said. "There's no conspiracy. We were taking care of a complaint. We want to make sure this doesn't re-occur somewhere else in the county."
Herron denies any wrongdoing.
"I don't have any keys to the lagoon (the shelter location) and no keys to the shelter," he said. "I don't believe anybody that would work for me would do that."
Herron added no one contacted him about a problem at the shelter before it reached the level it did.
Following discovery of the animals, S.O.S. Animal Shelter officials handled the dogs' care. One dog was euthanized due to its poor health.
As of Tuesday afternoon, two of the other four dogs had been adopted. Two puppies taken from the New Brockton facility remain at the shelter and are available for adoption.
Following the indictment, Herron posted a $300 bond on the charge.
If convicted, Herron faces up to one year in prison and a maximum fine of $6,000.
A trial date has not been scheduled in the case. | Source: dothaneagle.com - Jun 7, 2011
Update posted on Jun 9, 2011 - 1:52AM |
Attempts are ongoing to bring to justice individuals county law enforcement say are responsible for the abuse of K-9s at the New Brockton Animal Shelter.
A Coffee County Sheriff's deputy Friday morning attempted to obtain two warrants for persons believed to be responsible for the shelter, but was unable to do so.
Circuit Clerk Mickey Counts said he was presented with enough probable cause evidence to issue an arrest warrant for one individual allegedly responsible for animals held in the shelter, but not the other.
"The issue is still under investigation by our office," said Counts.
Sheriff said he disagrees with Counts' assessment of the evidence.
"I feel both people were responsible and the evidence shows that," he said, adding he believes Coffee County District Attorney Tom Anderson also agrees.
"I am disappointed with the decision, but that's part of my job. I feel like both of the people were responsible for the K-9s. A law has been broken and the K-9s suffered. This issue now lies in the hands of my district attorney now," Sutton said.
The evidence against both individuals believed to be responsible for the animal shelter is expected to be presented to a Coffee County grand jury Tuesday.
Counts said it is important that the clerk's office remain neutral and not get involved in "politics."
"I feel like if the sheriff's department is interested in doing justice, why didn't they get one warrant instead of saying, 'Fine, I won't get any,'" he said.
Controversy has swirled around the New Brockton Animal Shelter since law enforcement officials received a complaint about the facility May 19.
Officers received reports that numerous canines were being mistreated and malnourished at a makeshift New Brockton-owned animal shelter.
When officers arrived at the shelter, they found the dogs living in their own feces, in desperate need of medical attention, with undrinkable water and insect-infested food.
An additional dog was chained outside the shelter without food or water.
Officers found the dead carcasses of animals, believed to be dogs, near the shelter.
Bill Brooks, SOS Animal Shelter director, said the dogs of the town's shelter were the victims of "terrible neglect."
"In the 11 years I have been working in animal rescue, I have rarely seen anything like this," he said.
The conditions the animals were living in are not acceptable in Alabama, Brooks said.
The conditions are not acceptable on a personal level, he said, and are completely not acceptable at a municipal level. | Source: zwire.com - May 27 2011
Update posted on May 27, 2011 - 9:41PM |
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