Pet-Abuse.Com - Animal Abuse Case Details: Dog starved, deprived of vet care

Dog starved, deprived of vet care
Thurmont, MD (US)

Incident Date: Wednesday, Jun 7, 2006
County: Frederick
Local Map: available
Disposition: Convicted

Abusers/Suspects:
» Jeffrey Ray Kilby
» Faith S. Kilby

Case Updates: 2 update(s) available

Case ID: 9075

Classification: Neglect / Abandonment

Animal: dog (non pit-bull)

View more cases in MD (US)

A couple has been charged with three animal cruelty misdemeanors and was served two criminal summonses after a Frederick County Animal Control officer found a dead dog in their backyard June 7.

Jeffrey and Faith Kilby of 18 East St. were served their summonses on June 24 by deputies from the Frederick County Sheriff's Office, said Harold Domer, director for the Frederick County Animal Control Center.

On June 7, Officer John Teal went to the Kilbys' house after an animal neglect call was received by the center, Mr. Domer said. Officer Teal found a 10-year-old cocker spaniel dead in the backyard.

"Officer Teal said the dog was neglected to the point the hair on the body was matted and the nails were in desperate need of trimming," Mr. Domer said.

The Kilbys returned to their home shortly after Officer Teal arrived, Mr. Domer said.

One indoor dog, another cocker spaniel, and three outside dogs, a chow, a German shepherd mix and a Labrador mix, were all evaluated by Officer Teal, Mr. Domer said. They all passed and were not removed from the house.

The dead dog was taken to the state health lab, Mr. Domer said, where Dr. Mark Dulin, pathology investigator for the Maryland Department of Agriculture at College Park performed a necropsy.

"There is conflicting information with regards to the time of death," Mr. Domer said.

He said he could not comment further.

A two-week investigation by Officer Teal and the necropsy results led to the misdemeanor charges and the criminal summonses, issued by a District Court Commissioner, Mr. Domer said.

The Kilbys were charged with one count of depriving an animal of necessary sustenance, one count of inflicting unnecessary suffering or pain on an animal and one count of unnecessary failure to provide an animal with nutritious food in sufficient quantity, necessary veterinary care, proper drink, air, space, shelter or protection from the weather.

Each misdemeanor carries a 90-day jail term, $1,000 fine or both, Mr. Domer said.

Case Updates

A Thurmont couple whose decomposing cocker spaniel was mistaken for an old rug last June were punished Tuesday in Frederick County District Court for misdemeanor animal cruelty.

Judge W. Milnor Roberts placed Faith Kilby, 31, and Jeffrey Kilby, 35, on 18 months of supervised probation and ordered each to complete 64 hours of community service by July 1, according to Assistant State's Attorney Kirsten N. Brown.

If the Kilbys fail to follow conditions of probation, Roberts may order each to serve 90 days in jail and pay $1,000 fines, the maximum for the crime, Brown said.

About 1:15 p.m. June 7, 10-year-old Bear was found dead in the backyard of 18 East St. by Thurmont Police Officer DiAnne Tackett. At first, she didn't realize what she was seeing.

She thought the dog was an old rug, Frederick County Animal Control Officer John Teal stated in a report seeking charges.

The Kilbys told officers Bear had been alive that morning; they claimed their daughter had played with the dog the evening before, according to the report.

Veterinarians who examined Bear and reviewed the results of a necropsy performed on his remains disputed the couple's claims. Bear's hair was matted and maggots covered his head and body.

The dog's death was believed to be due to overheating from being left outside without proper food, drink, shelter and veterinary care, according to court documents.

In court Tuesday, Roberts ordered the Kilbys to pay restitution of $290 to Animal Control to cover the necropsy and disposal of Bear. He also ordered them to receive psychological evaluations and treatment as needed, Brown said.

The judge allowed the Kilbys to keep a cat and a dog that appear to be in good health, with the condition that Animal Control officers may check on the pets.

After charges were filed against them, the couple gave up ownership to three other dogs they kept in pens outside: a chow, a German shepherd mix and a Labrador mix.

Source: Frederick News Post - April 4, 2007
Update posted on Apr 9, 2007 - 3:47AM

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Veterinarians who examined a cocker spaniel found dead about 1:15 p.m. June 7 in his owners' backyard at 18 East St. disputed claims that the dog had been alive that morning, according to court documents filed at the Frederick County Courthouse.

The dog's matted hair and the presence of maggots on the animal's head and body cast doubt on the statements of Jeffrey and Faith Kilby, Officer John Teal of the Frederick County Animal Control Division stated in his report seeking charges.

Officer DiAnne Tackett, the Thurmont police officer who found the dog, at first didn't realize what she was seeing, Officer Teal wrote in his report. "At first, it appeared to be an old rug," he stated.

On Saturday, sheriff's deputies served the couple with three animal cruelty charges each stemming from the death of Bear, due most likely to overheating from being left outside without proper food, drink, shelter and veterinary care, according to court documents.

Dr. Virginia Pierce, a veterinarian from the animal health lab on Rosemont Avenue, observed the necropsy conducted by Dr. Mark Dulin, a pathology investigator at the Maryland Department of Agriculture in College Park, Officer Teal wrote in the seven-page report.

"(Dr. Pierce) stated that there was no way the dog was alive on the evening of June 6," when Ms. Kilby, 31, said her daughter had been playing with the animal, Officer Teal wrote.

"She stated that due to the shape the organs were in that it could not have been alive in the time period that the dog owners stated it was alive. She had a problem finding the face and the whole dog was matted over and the paws were matted over as well."

In addition, Dr. Dulin said "there was no way that the dog was alive" at 6:30 a.m. on June 7 when Mr. Kilby, 34, said he last fed the dog, Officer Teal stated. Mr. Kilby told officers he fed his family's five dogs every morning and evening.

"(Dr. Dulin) stated that both lungs were congested, the liver and pancreas were abnormal. He said that there was a wad of matted hair in the stomach," Officer Teal stated.

Animal Control Officer Michael Douglas accompanied Officer Teal to the Kilbys' residence June 7 because he had been there before to address animal-care issues.

While investigating the death of the 10-year-old male dog, the officers had the Kilbys clean and fill the dirty bowls in the pens housing three surviving dogs, a chow, a German shepherd mix and a Labrador mix. Those animals did not need to be removed, but officers told the Kilbys they would be making repeat visits to check on them. Another cock

er spaniel stays inside the house.

Besides the discrepancy as to when Bear died, officers said Ms. Kilby told them she had scheduled an appointment the next Thursday to have Bear groomed. But when they checked with the grooming business, they found that wasn't the case, according to the court documents.

While awaiting results of the necropsy, Ms. Kilby called officers to tell them her daughter was upset that her dog had been taken away before she had a chance to say goodbye.

"I explained to her that it was probably better that her daughter not see the dog in that condition as it seemed to be already decomposing," Officer Teal stated. "I told her it is better that her daughter remembers the dog when it was alive."

Source: Frederick News-Post - June 27, 2006
Update posted on Jun 27, 2006 - 1:56PM

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Dog starved, deprived of vet careThurmont, MD (US)

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Dog starved, deprived of vet care
Thurmont, MD (US)