11pm Friday: Dogs to Live

6pm Wednesday: Volunteer Animal Program Ended

Life or Death Matter for Pet Dogs

UPDATE 2/24/12 @ 11 p.m.
HUNTINGTON, W.Va. (WSAZ) -- The fate of two golden retrievers has been determined by a Cabell County Judge.

The owner of the dogs recently took them to Huntington-Cabell-Wayne Animal shelter to be put down. The owner said the dogs were sick and suffering and she wanted them to be put out of their misery.

But, Connie Kirk and Janet Howard, who volunteer at the shelter, saw something much different. Kirk hired an attorney to save the dogs.

The case went before Judge Paul Farrell who issued a temporary restraining order. Judge Farrell ordered that the 13 and 14-year-old dogs be examined by an independent vet.

According to court documents, the vet found that the dogs were healthy and did not need to be put down.

As a result, Judge Farrell said the parties have agreed that the dogs are now eligible for adoption.

"They're just so happy to be alive,” an ecstatic Kirk said. “This is what happens when you get people involved and it's all positive effort.”

"They're playful, very sweet," Kirk's attorney Randy Saunders said. "They just seem like they're very loving dogs. I think they've got a lot of good years left."

The dogs are now staying at Kirk's home in Wayne.

But, that program is now suspended. The animal board calls it an insurance liability issue, but the volunteers suspect it's backlash over the controversial case of two golden retrievers -- whether to euthanize them or not.

“I can scoop poop with the best of them,” Fay Thompson said.

Fay Thompson and Stephanie Pelfrey have volunteered at the Cabell-Wayne Animal Shelter for several months.

“I seen it on Facebook that they needed help,” Pelfrey said.

As a volunteer eight hours a day, three days a week, the women clean cages, change water and assist patrons with the dogs.

“We get them out of the cages and take them to a table to see if they want them or not,” Thompson said.

But, the volunteers were stunned when they reported for duty Wednesday morning and were greeted with a memo. Drafted by the Animal Control Board, it notified about the suspension of the volunteer program until further notice.

“I've very frustrated because I feel like my hands are tied, and we can't do anything for those poor animals anymore,” Thompson said.

“I couldn't believe it because as Fay said we do more work than the workers,” Pelfrey said.

Steve Hofmeister is the acting director at the shelter in the midst of a major transition. The former director and key staff members were fired several months ago. Now, the animal control board issued another tough blow eliminating important help.

“We’re just taking it day by day until we get a new director in here,” Hofmeister said.

But, extra help available -- workers from the Cabell County Day Report Center -- are filling in. Four took care of Pelrey's and Thompson's duties Wednesday morning. While the board cites insurance liability issues as the reason for the suspension, these volunteers suspect something else.

“Because of the bad publicity of the retrievers,” Pelfrey said.

County Administrator Chris Tatum said there isn't any written protocol for volunteers or liability coverage if they were to get injured on the job or bitten by a dog. He says the suspension of the program doesn't have
anything to do with the recent publicity over the golden retrievers.

At the heart of the matter is a dog owner who believes her dogs are sick and suffering. She wants them to be put out of their misery. But, some animal rights activists argue they're not sick enough to put to death.

“She said they were not at peace at her home. She said they were in pain beyond what she could do to make them comfortable,” said Chris Tatum, Cabell County Administrator.

“The dogs look fine,” said Connie Kirk, a shelter volunteer.

That leads to the heart of the debate. A dog owner dropped off the two golden retrievers, ages 13 and 14, at the Cabell-Wayne Animal Shelter last Wednesday and paid $6 each to have them euthanized after her vet told her the dogs were extremely ill.

“Her vet told her the dogs likely wouldn't make it through a surgery, that their health problems were such that they would not make it through a surgery given their age,” Tatum said.

But, Connie Kirk and Janet Howard are volunteers at the shelter and saw something much different.

“They don't look sick, don't look aggressive, just sweet little animals that want out,” Howard said.

Kirk said, “I'd like proof of their illness whether they have cancer or what.”

But Tatum, speaking on behalf of the Animal Control Board, says the dog owner was clear about her wishes and paid to have a service performed.

“I certainly don't think this person was being insensitive. She told me through her tears she came to this decision over a period of time and it not being easy,” Tatum said.

But, that hasn't stopped Kirk. She's hired an attorney to save the dogs. According to West Virginia State Code, a dog can be euthanized when it appears injured disabled or diseased.

“These dogs obviously have four to five years in them, a little medicine, some arthritis stuff, massages, they're good,” Kirk said.

“From our opinion under the law, once an owner surrenders or abandons dogs, they don't have a say,” said Randy Saunders, Kirk's attorney.

Tatum said, “The owner has said she's been in this gut-wrenching decision mode for a while and now I understand my dogs have not been laid to rest ... and she goes now I have to go through this all over again."

That temporary restraining order was granted by a judge, and a hearing is set for Monday. In the meantime, the order says the dogs cannot be put down by the shelter or a third party.

We were surprised to learn the shelter offers a euthanization service. At $6 an animal, it's much cheaper than the $70 to more than $200 a vet would charge, and there's no paperwork required regarding the animal's medical condition or ownership.

As we reported last month, the shelter is going through a transition in leadership, and Tatum hopes once a new director is hired, this policy and many others can be reviewed and revised.