With a new year just around the corner, a Davenport wildlife caretaker is thankful that people have donated $5,000 so he can better cage his exotic animals.
But Darryl Atkinson, founder of Horseshoe Creek Wildlife Foundation, isn't grateful that he also picked up an additional four citations on Dec. 6, 2005 from the Florida Fish and Wildlife Conservation Commission for having animals in cages that are too small.
In total, the New Jersey native and former elephant trainer now faces 10 counts, which are firstdegree misdemeanors, each punishable by up to a year in jail and a $1,000 fine. Atkinson is scheduled for arraignment on his newest charges on Jan. 12, 2006, court records show.
For about 22 years, Atkinson's nonprofit facility on Horseshoe Creek Road has been home to a variety of injured, abused and abandoned animals, including leopards, tigers, lions and bears.
Cage dimensions are specified for such animals under Florida law.
Since 2003, Atkinson, 49, has been cited more than 20 times for not having large enough cages for some of his animals, court records show. These violations usually result in a fine, but Atkinson has pleaded no contest to so many similar charges in the past that his pending 10 charges are first-degree misdemeanors.
Atkinson said he has been trying to fix the problems with his cages over the years. "It's not like we're not trying," Atkinson said. "We are trying to comply, but they are piling more on top of it."
Using donations, he hopes to break ground right after New Year's on a large exercise yard for his big cats to use. His lawyer, Julia Williamson, said the timing of the Dec. 6 criminal counts seem suspicious. The newest counts came after Atkinson spoke to local newspaper and television reporters about his case. "It sure reeks of being retaliatory," said Williamson, who is handling Atkinson's case for free.
But Gary Morse, a commission spokesman, denied the accusation. Morse said it is "standard operating procedure" for inspectors to go back to check to see if people who are cited are making necessary changes. Morse said there are no signs that Atkinson isn't taking care of his animals. However, the cage requirements are designed for the animals' welfare, he said.
When state law changed to increase the size of cages, Morse said, small wildlife sanctuaries did struggle to make necessary upgrades. Some had to shut down when they couldn't afford to renovate the cages, he said. In Atkinson's case, Morse said, inspectors have been trying to work with him for years to fix his cages. "He has had time to get the cages up to snuff," Morse said.
Atkinson claims he has been making renovations to his cages, but has been hampered by lackluster fundraising. His lawyer said she is trying to reach a plea deal with prosecutors, but also is preparing for the possibility of taking Atkinson's case before a jury. Case Updates| Darryl Atkinson, founder of Horseshoe Creek Wildlife Foundation, will appear in court for a pre-trial conference on March 23, 2007 at 8:30 a.m. at the Polk County Courthouse. Atkinson faces 10 misdemeanor counts of maintaining captive wildlife in unsanitary conditions. | Source: Case # MM05-003185
Update posted on Mar 14, 2007 - 3:35PM |
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