Memphis Woman Commits Suicide After Pets Were Taken Away

Memphis Woman Commits Suicide After Pets Were Taken Away

Published: 1/11 6:42 pm

Updated: 3:04 pm

MEMPHIS, TN-- A man said a bad decision by an animal control officer made his wife commit suicide. The officer took away all of the woman’s pets and according to her husband, her will to live.

“I am angry at the city, very angry. There was no reason to do what they did,” said Jay Morgan about his wife Tommie, “they just pushed her over the edge.”

Animal control officers went to the house on a report of loose dogs. When they left, they took all eleven of the family’s cats and dogs.

“They were her babies. They were her life. She treated them like children,” said Morgan.

The question is why did the animal control worker take all of the dogs?

“The dogs were fine. The house reeked but the dogs were fine,” said Morgan.

Tommie Morgan was given a ticket for having a dog at large, no dog license and failing to spay or neuter the animals.

Four days after the animals were removed from the house, Jay Morgan said, “It destroyed her. She killed herself.”

A week later the animal control officer was back at the Morgan house, saying it was a follow up visit. Sources tell abc24.com it was really an attempt to fix botched paperwork. Since Tommy Morgan was dead, the officer charged her husband with a long list of charges including animal cruelty.

“There was nothing wrong with anyone of those dogs,” said Morgan.

Morgan said the officer forged the date on the new charges, which made it look like the new ticket was issued before the wife died.

“She wrote the wrong date on it. She came after my wife passed away,” said Morgan.

Morgan said he can’t get his wife back, but plans to fight and hold the city accountable for her death, “I am not letting them get away with this.”

abc24.com wanted to see the animals for ourselves, but as of Tuesday, no one from city hall granted permission. We also wanted to ask the shelter director what happened, but still no response from city hall on that.

A statement from the mayor’s office said the officer was at the house when she noticed the conditions of the animals and a strong smell of ammonia in the house. It also offers sympathy to the family for the loss of their loved one.

What On Earth Is Happening In Chattanooga?

From an animal perspective, Chattanooga has been a hot spot this summer. Things started to erupt in June when the animal control folks at the McKamey Center say they got a tip from an employee at The Pet Company, located in swanky Hamilton Place Mall. The employee, acting as a whistleblower, claimed that conditions at the store were not good. This had to be a dream come true for McKamey. There were many people in Chattanooga who had been petitioning against the pet store for years, simply on the grounds that they sold live animals, regardless of the care they received.

So, the McKamey people rounded up an inspector from the Tennessee Department of Agriculture and some police and conducted an inspection/raid on The Pet Company early one morning in mid-June. They took away with them over 80 animals when they left — puppies, hamsters — everything but the fish — and were confident that the store would be closed permanently.

But, not so fast.

The Pet Company was not some local Tennessee resident with no money who could be intimidated by animal control. Instead, they are a large chain of pet stores located throughout the United States, headquartered in New Jersey. They appear to be quite a profitable company, or they appeared to be when you could find their company web site online. It seems to be missing now, no doubt because of hate mail. At any rate, The Pet Company was prepared to fight back against McKamey and the charges being made. They wanted their animals back and they had no intention of losing their license to operate.

What followed in Chattanooga was nothing short of a circus over the next several weeks. Several news outlets followed the story, with varying degrees of impartiality. The Chattanooga Times Free Press generally gives the most straightforward accounts. You can read The Chattanoogan for more florid details.

Instead of accepting the loss of their animals and license, The Pet Company went to trial to fight the charges against them. They wanted the charges tossed out. Judge Sherry Paty presided over a very difficult case. I thought she did a superb job in a hard situation. After hearing several days of testimony from The Pet Company and from McKamey — during which the inspector for the State of Tennessee admitted he didn’t know what some of the items he was supposed to cover on his report meant; the whistleblower seemed to be caught lying about seeing a live hamster being put in a trash compactor; and other exaggerations were revealed — Judge Paty rendered her decision. The Pet Company would get their animals back. All but some of the puppies which were being treated for giardia at McKamey (giardia is a parasite that is easily passed among dogs, especially puppies, and can be simply treated). As far as the store’s license to operate was concerned, Judge Paty said she would abide by the decision reached by the Tennessee Department of Agriculture in a few days.

Chattanooga boiled over. There were practically demands for Judge Paty’s head on a platter. People couldn’t understand why this PET STORE which sold puppies wasn’t being punished.

To make matters even worse, the Tennessee Department of Agriculture in Nashville said that The Pet Company could continue to operate if they would do a better job of following animal care guidelines. There would be frequent inspections but they could keep their license.

By this time the good people of Chattanooga, especially the people in charge of the city, had all they could stomach of The Pet Company. These rascals from New Jersey (and the city elite were reminding people that The Pet Company was from out of town at every opportunity in the press) were sticking it to the locals! They were being slick with their “legal maneuvering,” i.e., having a good attorney.

But this wasn’t the end of the story. At this point McKamey was left holding the bag for what they claimed was $40,000 in costs for caring for puppies and hamsters for a few weeks. (I wish somebody would pay ME that much for taking care of animals.) They were demanding that The Pet Company reimburse them and refusing to return the animals to them.

Just when you thought this story couldn’t get any more convoluted came the news that Judge Paty was recusing herself from the case. It seems that Mayor Ron Littlefield of Chattanooga had improperly contacted the judge earlier in the case, trying to influence her against The Pet Company. Not only that, but Mayor Littlefield admitted it and said that he often contacted judges during their cases! It seems like standard operating procedure in Chattanooga. Whatever the case, Judge Paty was recusing herself which meant that the entire case had to be thrown out. It would have to start at the beginning again and re-tried.

So, that’s where we are right now. Getting ready for Round Two.

If you care about my opinion, I think that The Pet Company certainly needed to clean up its act. From the testimony it sounds like they needed to improve their standards for cleanliness and many of their operating procedures. And there was no dispute that the compressor for their air conditioner was not functioning for 2-3 weeks. That should have been repaired quickly.

On the other hand, I think that McKamey certainly comes off looking very bad here. They seem to be completely unfamiliar with the operating procedures for pet stores. It is ridiculous to try to hold a pet store to the same standards that you would apply to animal care in someone’s home. I’m sure if I visited the McKamey Center I would find many things that I don’t approve of but that doesn’t necessarily mean that they should cease to operate.

I think it’s very clear that McKamey was acting on a vendetta against The Pet Company because they are a pet store which sells puppies and other live animals. I think that’s inexcusable. Whether McKamey or any other animal control authority likes it or not, as long as it is legal to sell animals in pet stores (and it is legal), they should stick to carrying out their duties without trying to close legitimate businesses. There was no animal abuse at this pet store. There wasn’t any neglect. There were some conditions that needed to be improved. They could have given the store some written warnings and returned in a few days to see that the conditions were improved. This would most likely have taken care of the problems and saved the city of Chattanooga thousands of dollars in court costs and legal fees, not to mention the $40,000 (plus) which McKamey is now trying to get back from the store. It would also have saved McKamey from (once again) looking foolish, not to mention so many city leaders from having little conniption fits in public.

As it is currently under Tennessee law, animal control authorities can seize animals and require that a bond be posted within 15 days. After that time, if no bond has been posted, they can do what they like with the animals. If you can’t come up with the security bond to pay for the care of the animals then you’re out of luck. Fortunately for The Pet Company, they have deep pockets, and a good attorney, so they can get their animals back. For most average citizens, they would never be able to come up with the kind of money it takes to post security for multiple animals. If you’re a breeder or if you operate a rescue, or if you’re a pet owner with several animals, and animal control executes a raid on you without just cause, if you can’t come up with that money, your animals are gone. The animal control authority can sell them, adopt them out or euthanize them as they wish.

I think what we need is a better system. If an animal control authority conducts a raid and it is shown to be improper then the victim should not have to bear any costs or expenses associated with the care of the animals, and any bond or security should be refunded. I think this would cut down on a lot of bogus raids. Animal control does need to be able to do its job when there is genuine animal abuse but in these cases where they are making up charges against law-abiding breeders, rescues and pet owners or carrying out vendettas, they need to be curtailed. They should not be free to operate and persecute people and force people to pay thousands of dollars and lose their animals without any consequences.

If an animal control authority actually has to stop and think, “Are we going to be stuck paying for the care of these animals ourselves? Is there real evidence of abuse here?” I think it would dramatically reduce the number of false raids on innocent people — and businesses. There is no excuse for raiding a pet store just because you don’t like the fact that they sell puppies. There needs to be some real evidence of abuse and neglect, not these made up charges as in the case of McKamey and The Pet Company.

OPPOSE MSN in Johnson City, TN

The Johnson City city commission will hear the first reading of a proposed mandatory spay/neuter ordinance tonight (Thursday, February 4). This is MSN and the ordinance states that any dog over six months old would be required to be spayed or neutered. The only exceptions would be if you are a commercial breeder, have a service dog, or if you purchase a lifetime "unaltered animal" permit from the city.

The meeting is tonight, Feb 4, 2010 at 6 pm in the Commission Chambers at 601 East Main Street, Johnson City, TN 37605.

We need you to send polite messages of opposition to the following five city commission members and to the city attorney:

Mayor: The Honorable Jane Myron
c/o Jane's Lunch Box
1109 W. Market Street
Johnson City, TN 37604
Phone: (423) 434-2665
Fax: (423) 434-0406
Email: JANESLUNCHBOX@AOL.COM

Vice Mayor:The Honorable Jeff Banyas
220 Shadowwood Drive
Johnson City, TN 37604
Phone: (423) 283-0954
Fax: (423) 928-0265
Email: jeffdds4@aol.com


Commissioners:

The Honorable Phil Carriger
6 Fox Run
Johnson City, TN 37604
Phone: (423) 282-8373
Email: pcarriger@charter.net

The Honorable Stephen M. Darden
c/o Hunter, Smith & Davis, Attorneys
100 Med Tech Parkway
Suite 110
Johnson City, TN 37604
Phone: (423) 283-6300
Fax: (423) 283-6301
Email: sdarden@hsdlaw.com

The Honorable Marcy Walker
1602 Millbrook Drive
Johnson City, TN 37604
Phone: (423) 612-1396
Fax: (423) 915-0082
Email: mewalker@cvtsurg.com

City Attorney
James H. Epps IV
Associate Legal Counsel
City of Johnson City, Tennessee
601 East Main Street
Johnson City, Tennessee 37601
(423) 434-6009
Fax: (423) 434-6014
Email: mckee.epps@johnsoncitytn.org


Let them know that MSN is not the way to go! It's never succeeded anywhere it's been tried and it ultimately ends up costing more dogs their lives when people won't comply. There is no reason why responsible dog owners should have to purchase permits to keep their dogs intact.

Please contact these city officials and tell them you OPPOSE MSN in Johnson City!

Johnson City and MSN

I recently attended an HSUS “Lobbying 101” event in Knoxville where the topic of mandatory spaying and neutering was brought up repeatedly. At this meeting, conducted by the HSUS state director, Leighann McCollum, it was assumed without question that MSN was a great idea – a panacea to cure virtually all animal problems in our society. While she did not actually tell the 30 or so people present that they should try to work for MSN in Knoxville, this message seemed to be understood by everyone present judging by their murmurs of approval for the subject.

Here in northeast Tennessee, Washington County/Johnson City Animal Control Center Director Debbie Dobbs has already gone before the city commission to get permission to draft an ordinance which would require mandatory spaying and neutering in the city. Her draft proposal, based on the Buncombe County NC ordinance, will require all dogs and cats six months or older to be spayed or neutered unless the owner purchases an unaltered animal permit. Limited exemptions are noted for service and police dogs, and animals in poor health. The final proposal has not been submitted to Commissioners at this time.

What’s particularly worrisome is the fact that, despite the current animal control ordinance in effect in Johnson City which requires registration of cats and dogs (Johnson City municipal code 10-102 1-12) and kennel licenses (Johnson City municipal code 10-102.9), there is no licensing or registration of pets. The City Recorder confirmed there is no licensing or registration in the city. While this in itself is not a bad thing since many places don’t have pet licensing, the fact that Director Dobbs is proposing more unenforceable laws while current laws are not being enforced seems ridiculous.

Dobbs provided some figures to the city commissioners which show that in 2008 the shelter was able to adopt out 41 percent of the animals that were picked up or owner-surrendered (3329 animals out of 8152). Eight percent were reclaimed (685 animals). Fifty-one percent of animals entering the shelter were euthanized (4136).

The shelter takes in animals for both the city and the county. They received more calls for animal pick-up from county residents than from city residents (1450 to 1029) but far more city people turned animals in than county people (3394 to 2378). The town of Jonesborough accounted for 131 animals in the shelter.

If correct, the intake figure for 2008 is very high for a population the size of Washington County/Johnson City. It would also be helpful to have a further breakdown of the animal shelter’s figures for animals taken in and picked up. In most places the number of stray or feral cats is at least equal to the number of owned cats. While nationally, owned cats are spayed and neutered at a rate of more than 85 percent, less than 5 percent of feral cats are spayed or neutered. This makes them disproportionately responsible for most of the litters of kittens that are picked up or taken to animal shelters. Feral cats and kittens usually comprise a high percentage of the animals which are euthanized in shelters. We would like to find out if this is the case in Johnson City. It does no good to call for mandatory spaying and neutering if the problem is unowned stray cats. MSN only punishes responsible owners who don’t let their animals roam or breed indiscriminately.

Two e-mails have been sent to the Washington County/Johnson City Animal Control Center asking for more details about the animals that they pick up and take in. There has been no reply although they did reply to an earlier e-mail asking for a copy of the current animal control ordinance.

It is important to know more about the dogs that are turned in to the shelter. Owner retention is a serious problem. Many people turn young, adolescent dogs in to shelters because they don’t know what to do when a young dog starts showing some behavior problems — house training problems, too much barking, jumping on people, for example. There are some good ways to get trainers in the community involved to help owners teach their dogs to behave better. Offering some training classes at the shelter could help owners keep their dogs.

There are many ways to help market some of the adoptable cats and dogs to make them more appealing to the public. Good marketing can raise adoption numbers and lower the number of animals that are euthanized.

Mandatory spaying and neutering is not the solution that Director Dobbs thinks it is. It will not work in Johnson City just as it hasn’t worked anywhere else it’s been tried. Even in Asheville, which she has put forth as a success story, the figures prove her wrong. Asheville has not succeeded with MSN. In most places where MSN has been tried it not only hasn’t worked but it has resulted in increased costs to the city/county government and MORE animals euthanized.

MSN is not the solution for Johnson City or Washington County.
Carlotta Cooper - TN Pet Law