Case Snapshot
Case ID: 9645
Classification: Neglect / Abandonment, Unlawful Trade/Smuggling
Animal: reptile, captive exotic
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Tuesday, Sep 26, 2006

County: Henderson

Charges: Misdemeanor
Disposition: Alleged
Case Images: 1 files available

Alleged: Joe Merzlak

Case Updates: 2 update(s) available

The Hendersonville Police Department is investigating possible animal cruelty and animal neglect at Animalogic.

The 4,000-square-foot building at 147 First Ave. E., Suite A downtown houses more than 75 exotic animals owned by Joe Merzlak, 21. Animalogic Nature's Learning Center opened in downtown Hendersonville in June. Merzlak was not available for comment.

Merzlak -- whose nickname is "Jungle Joe" -- has cobras, pythons, cotimundis, bearded dragons and other exotic animals, which are housed in Animalogic's facility.

Merzlak has been taking his animals into area schools since 1996. Using animals such as his bearded dragons and porcupines, Merzlak shows students how each animal has developed characteristics tailored to their life in the wild.

Lt. David Adams said the department received information on Sept 26 that there may be dead animals in the business.

"We are doing an investigation into possible animal neglect or cruelty," Adams said. "The owner of the business has been very cooperative."

Adams said Merzlak could face charges of animal cruelty and animal neglect.

U.S. Animal Protection worker Sue Bryant said she received a tip about possible animal cruelty or neglect at Animalogic.

"The complaint was that no one was feeding the animals during the day," she said. "I came out and couldn't get into the building. I got into contact with someone who knew the owner and then the police were contacted."

Bryant said the U.S. Animal Protection agency is a privately-owned national organization based in Atlanta that works mainly with animal shelters, but also works cruelty and neglect cases.

U.S. Animal Protection founder Dawn Bechtold said that her organization contacted the Hendersonville Police Department about the possible neglect at Animalogic.

"We would rather see law enforcement handle the case and prefer the USDA do the testing of the dead animal, but we will step up if we need to," Bechtold said.

Bryant said that there were several dead animals inside the building.

"There was a white hedgehog, a sugar glider and three unidentified mammals," she said, adding that the three unidentified animals were too decayed to identify.

Workers at Animalogic were taking live animals, including snakes, from the building in plastic containers Tuesday afternoon.

Police officer Jason Smith said Merzlak told the authorities he had recently been bitten by a rattlesnake and that kept him from tending to the animals locked in the store.

"We will be doing checks of the business," Smith said. "Mr. Merzlak gave us some contact numbers and we explained to him that we will need to inspect the business and he has agreed to this."

Smith said the investigation is ongoing and the department would be compiling the evidence for a report to present to the Henderson County district attorney's office.

Bryant, who took the dead animals, said her organization would perform a necropsy, or animal autopsy, on the dead animals.

Adams said that while Bryant took the dead animals off the Animalogic property, she would take them to a state agency for the necropsy.

Adams said the Police Department has been in contact with the Henderson County Animal Control and other agencies about the incident.

"We have involved every agency we could in this investigation," he said.


Case Updates

Henderson County District Attorney Jeff Hunt filed misdemeanor charges Tuesday against a downtown nature center under investigation after dead animals were found on the site last week.

In a press release, Hunt said the Hendersonville Police Department's investigation into Animalogic at 147 First Avenue resulted in his office charging the owner, Joe Merzlak, with failing to properly register with the Henderson County Health Department for maintaining certain animals on the site.

The investigation into Animalogic began last week when police discovered 12 exotic animals dead at the site.

Hunt said that Animalogic was an exhibitory for unusual animals. In the building, and in a nearby Dumpster, police found a number of animal carcasses in various stages of decomposition, Hunt said in his press release.

"The investigation of possible criminal conduct which would be prosecuted by my office includes potential animal cruelty under State statutory law, or registration ordinance violations with the Health Department," Hunt said. "The Police Department's investigation and my office's research into the rather unusual aspects of this scenario are certainly ongoing and criminal charges have been brought today."

Hunt said that the investigation into Animalogic has uncovered insufficient evidence of the malice, intentional actions or omissions or lack of justifiable excuse necessary for a successful criminal prosecution for animal cruelty.

"The Federal authorities are researching possible violations of Federal laws or regulations of the U.S. Department of Agriculture involving possession and maintenance of exotic animals within the U.S. Government's definition," Hunt said. "We are in communications with the U.S. Attorney's office about the same. We as state prosecutors do not share jurisdiction with the U.S. Attorney on these types of Federal violations."

On Sept. 26, police responded to a report of animal neglect at Animalogic's 4,000-square-foot building in downtown. Reports indicate the animals appeared to be without food and water and that police found the bodies of nine animals inside and three other carcasses in a Dumpster across the street.

Officials from the U.S. Department of Agriculture's Animal Care Division have also been to Animalogic's center several times since then but so far have not officially filed any charges in the incident.

USDA officials have said Animalogic does not have the proper permit to exhibit exotic animals to the public and could be fined a maximum of $2,500 per animal per day for this infraction but Animalogic representatives said that it was a misunderstanding they were trying to correct.

Merzlak said the animals in question belong to a friend from Tennessee and were already sick when they arrived in Hendersonville.

Volunteers insist the sick animals were kept away from the estimated 75 exotic pets that are inside the center and that Animalogic will be cleared of any wrongdoing in the incident.

The private organization U.S. Animal Protection Agency has also conducted an investigation into the incident at Animalogic and is attempting to filed a civil complaint against the nature center.

U.S. Animal Protection Agency representative Sue Bryant said that the organization has hired Hendersonville attorney Michael Edney and are planning to appear in Henderson County District Court today to be heard on their civil complaint.
Source: Hendersonville News - Oct 4, 2006
Update posted on Oct 5, 2006 - 11:42AM 
No charges of animal neglect or animal cruelty against the management of a nonprofit nature center in downtown have been filed, but authorities say Animalogic has been operating without the proper license necessary to exhibit exotic animals to the public.

On Tuesday, Hendersonville Police investigated an animal neglect complaint at the Animalogic's First Avenue location and found an albino hedgehog, a sugar glider and a Savannah monitor lizard among the dead animals.

Police reports also indicated several animals were without food and water.

At least seven animal corpses were removed from the property for necropsies to determine the exact cause of death, but investigators said all of the dead animals were in such a state of decay that the exact cause of death could not be determined.

On Wednesday, representatives from the U.S. Department of Agriculture's Animal Care Division in Maryland said a review of the organization's paperwork did not show any recent inspections of the 4,000-square-foot building at 147 First Ave. E. or an application for an animal exhibitor's license, which is required to operate the center.

"We are aware of the investigation and we're looking into it," said UDSA spokesman Darby Holladay, adding that the fine for not having the license could be up to $2,500 per animal per day.

Before Tuesday's incident, Animalogic had more than 75 exotic animals in its care, but many of the venomous snakes and other animals have since been relocated with Animalogic supporters.

The center remained closed to the public Wednesday and owner Joe Merzlak was unavailable for comment, although police say he is cooperating with their investigation.

"We are still researching statutes and interviewing the people involved," said Lt. David Adams with the Hendersonville Police Department.

Henderson County Animal Control officials said they had not received any complaints about Animalogic before or after it relocated to downtown from a location off N.C. 280 in June, but added that such matters would be handled by local law enforcement or state and federal agencies such as the USDA.

The privately owned U.S. Animal Protection organization, which investigates allegations of animal cruelty, has also been looking into reports of problems at Animalogic.

"Some of the animals I saw were so decomposed that they dehydrated -- almost petrified," said representative Sue Bryant, who helped remove some of the animal corpses Tuesday. "I've never seen anything this bad."
Source: Hendersonville News - Sept 28, 2006
Update posted on Sep 28, 2006 - 8:07AM 

References

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