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Turk Lake couple are in the doghouse after judges order 25 dogs removed from home

Elisabeth Waldon
Staff Writer

MONTCALM TOWNSHIP – Donald and Deborah Phenix love dogs so much that it’s a crime.

Their 25 adopted dogs included a Brittany spaniel mix, a German shorthair, a golden retriever, a St. Bernard, two poodle-beagle mixes and a "blue light special" picked up in front of Kmart where he was being given away.

Montcalm County Animal Control officials visited the retired Electrolux employees’ Turk Lake home Feb. 4 after receiving a complaint about the dogs. They cited the Phenixes for having unlicensed dogs and then returned Feb. 10 and seized 25 animals.

The couple were arrested Feb. 11, taken to the Montcalm County Jail in Stanton and charged with animal cruelty, a felony with a maximum sentence of four years in prison. They are currently free on bond.

The Phenixes, each 60, appeared Wednesday with their attorney, Travis Carr of Stanton, before Judge Donald Hemingsen in 64B District Court for a hearing to determine the dogs’ fate. Montcalm County Assistant Prosecutor Chris Hekman prosecuted the case.

Hemingsen ruled the Phenixes had to forfeit the dogs after hearing testimony from County Animal Control Officer Matt Walrath, who responded to the original complaint. The testimony showed the dogs were flea-infested and covered in waste, their nails were growing in a grotesque manner and they didn’t have current vaccinations.

"There are photos provided to me by the officer indicating to me that there are piles of feces inches high in this home," Hemingsen said. "There has been testimony that the officer had to leave the home because the stench was so bad he couldn’t stand it.

"These dogs were not kept in adequate sanitary conditions," he said. "Nor were they provided with adequate veterinary care."

The Phenixes appealed the forfeiture and sought the dogs behind held until after the criminal charges were resolved so the animals wouldn’t be adopted, euthanized or used for research.

Judge Suzanne Hoseth Kreeger granted the couple’s wish late Thursday afternoon, at least until another appeal March 23.

She also ruled the Phenixes must help pay for the cost of housing the dogs and that the County Animal Shelter in Stanton can temporarily move the dogs to another shelter so as not to be overcrowded.

Shelter Director Patty Lentz said the shelter has 30 pens and currently houses 45 dogs, with some doubled up in the pens.

"We are way over our limit," Lentz said Thursday.

The Phenixes are scheduled to appear in court again Tuesday for a preliminary hearing on the felony charges.

Please let us know what you think, below are the readers comments from the newpapers forum.

Reader Comments

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Posted: Tuesday, March 03, 2009
Article comment by: Toni

I understand totally why they took all the animals in.After hearing about the shelter, I wouldn’t have sent my worst enemy there. They love animals and wanted to give them all a loving home. It’s easy to get overwhelmed when you see homeless, cold and hungry dogs.You think, just taking in one more won’t hurt.Shame on "the system" if they prosecute the Phenixes for being overly compassionate.Maybe the rest of us could use a bit more compassion. Let’s all try to at least save their dogs – if you’re looking for a forever fur friend, PLEASE check out their dogs, you’re sure to find one that will fit your families lifestyle.

Posted: Monday, March 02, 2009
Article comment by: Responder to Dawn #1

Hi. Some of the dogs were obese, obviously fed well, but many skin scabs, sores, grossly overgrown nail problems, fleas and they smelled horrible.

Hoarding cannot be blamed on anyone but the person doing it. It is a sickness and will create a filthy, disease infested environment for both the people and their dogs. Imagine 25 mostly large dogs roaming, defecating and urinating every day inside your home and yard! Phew!
In fact, if it weren’t for the actions taken by our County Shelter, these nice people may very well have ended up extremely ill themselves or worse.

Posted: Monday, March 02, 2009
Article comment by: Dawn

to Dawn #2 – I know you mean well, and I am sure you got your pets from an animal shelter or rescue and not a puppy farm. Does Santa Clause and the Tooth fairy exsist in your purfect world too? Please don’t make assumptions that these animals were not loved, or that they had maggot infested wounds. That is uncalled for. I hope I am not making the assumption that you would ignore an animal chained non-stop in a back yard with no love, with everything updated, but prosecute a couple who did love everyone of thier animals. Furthermore – You have no clue what these people’s vet bills were and what they were willing to do for thier animals. Assumptions are cruel, even-though, I am sure you ment well…

Posted: Monday, March 02, 2009
Article comment by: Dee

These people are very dear to me!They have a very big heart. I pray our judicial system will also have a big heart on this case. They were’nt trying to beat the system, and their vet bills are huge. so tell me,,, why didn’t their vet try to help these dogs,they are aware of the amount of dogs that these people brought in to their business for health care and spaying and etc…If these dogs aren’t taken care of properly, why didn’t they step in? $$$$ in their pocket? The daily news also exploit sales with such title’s and name calling. What has this couple done to any of you? How does anyone accumulate that many dogs,,,overnight? No… alot of contacts with this couple has been known for a long time, whether it be their personal medical provider,the vet, the mailman,newspaper,,,whomever! They should’nt be prosecuted. They have gone through enough already!

Posted: Monday, March 02, 2009
Article comment by: Lesa

Could you maybe get your story straight. The dogs that survived the six lakes mess were NOT adopted into loving homes. They were given to research! The shelter employees lied about it but thank God for FOIA!! Also call them once and ask for help. See where that gets ya!

Posted: Sunday, March 01, 2009
Article comment by: Bonnie Vaughn

I all so feel they need help not prosecuted. PERIOD.. I think they just got overwhelmed with everything all at once. Plus they too have been ill and need extra help themselves. So PLEASE have a heart with this couple.

Posted: Saturday, February 28, 2009
Article comment by: Agrees with Dawn (the 2nd one)

I agree with Dawn. While it’s great that they wanted to help these dogs, all they ended up doing was causing them pain and suffering. Hoarding animals is NOT good for anyone – especially the animals! I’m sure they had the best of intentions but, now look at the outcome! There are many other animal rescues out there, besides our County Animal Control who would have gladly helped to find homes for these dogs.

Posted: Saturday, February 28, 2009
Article comment by: i love my pets…

The shelter was under different management and different staff when the six lakes case happened. And if i do recall i saw a very nice story on the news channel about one of the dogs animal control saved from that situation and how they found it a wonderful family. Besides there are other options other than hoarding animals even if you don’t contact a shelter, not properly caring for 25 dogs because you don’t want them to go to the shelter is NOT an excuse to neglect them.

Posted: Friday, February 27, 2009
Article comment by: lesa

That is right. They couldnt contact Animal control because they wont help. What did they do when the dogs were starving to death in Six Lakes? Turned their heads. Although I see this as dollar signs for the shelter. 25 dogs to research, pocket money for R&R and probably for the county too!!

Posted: Friday, February 27, 2009
Article comment by: Montcalm County Rescuer

You can see that Montcalm cannot handle this many animals, so please do you best to go adopt at the local shelter before they end up sick, dead in a barrel, sold to research…you can also contact a local rescue group to donate if you are unable to adopt…help save the lives of these dogs!

Posted: Friday, February 27, 2009
Article comment by: Another Dawn with a different opinion

A lot of people have good intentions but still become animal horders which is a sickness. No, we don’t want pets who are homeless to be put to death. But if you cannot properly care for the animals which includes shots, spaying/neutering, and simple things like cleaning up after them and clipping their toe nails and grooming them, then you should not have them. When they are kept in such inhumane and unsanitary conditions you are putting thier health in jeopardy. No two people can adequately care for 25 dogs and do it properly, even with a good income. Having 3 dogs myself and loving animals like I do, I know the cost of yearly shots, heartworm prevention and flea prevention and it runs us close to $1000. per year. I’m betting most of these 25 dogs of their are not up to date on shots and many could be heartworm positive along with carrying all sorts of parasites and worms. If you have ever seen what happens to the dogs skin when they are forced to live in their own waste and see maggets in their raw open wounds eating them alive you would agree. They were not doing these poor dogs any favors by taking them in to live in conditions like this. It is animal abuse.

Posted: Friday, February 27, 2009
Article comment by: Dawn

What is the recoarse – people drop thier dogs off – do you send them to be sold for experiments – or to be inhumanely barrel gassed, by Stanton animal control. Stanton animal control caused this and these people should be given assistance instead of being prosecuted. They did the best on thier limited income and it got out of control. Fix the problem – help those who are helping our throw away pets. Dont Criminalize them!

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