This photo, provided by the Change 4 Bartholomew County Animal Advocacy group, shows Thor’s condition prior to his death.
Several animal-rights activists spent an hour expressing their concerns about the November death of a malnourished dog to the Bartholomew County commissioners.
As the conversation was winding down, Nancy Ray of Change 4 Bartholomew County Animal Advocacy said she felt the talk was extremely helpful.
“We felt like we weren’t being heard,” Ray said in regard to concerns about last month’s death of Thor, a Mastiff mix canine who suffered from malnutrition. “But now, I learn the commissioners have been discussing the matter.”
Thor was owned by Benjamin D. Collins, 35, of 596 Falcon Drive, Columbus. He’s facing a charge of cruelty to an animal, as well as an unrelated petition to revoke probation. A defendant in a criminal case is considered innocent until proven guilty in a court of law.
An animal autopsy performed at Purdue University indicates Thor died of cancer while he was under the care of a rescue and rehabilitation center for animals in Sellersburg.
But commissioners Chairman Larry Kleinhenz said there was no doubt Thor suffered and the cause of death was not necessarily relevant to the conversation.
Joining in the discussion was Bartholomew County Animal Control Officer Mark Case, who was questioned for several minutes by Elaine DeClue of the Community Animal Rescue Effort (CARE) organization.
Thor, who had reportedly displayed signs of abuse and malnutrition since 2018, was picked up by Animal Control at least twice, Case said. However, the dog was returned to Collins when the Bartholomew County Prosecutor’s office refused to file charges, he said.
When the dog was returned, Collins was told to follow certain guidelines and advised that an animal control officer would periodically check on Thor’s condition, Case said. But the dog was never seen outside during those checkup calls, he said.
If an abusive dog owner is aware they are being watched, they will often put the canine in an crate in an isolated room all day long, and many times all night, Kleinhenz said.
Thor was taken away from the home permanently in October after neighbor Tammie Hawley complained about the dog’s frail condition, according to court documents.
Case said suspected animal abusers are usually given a verbal warning, followed by a written warning, and finally, ordered to pay a fine if the first two warnings are ignored. If the fine isn’t paid, the matter is turned over to the county attorney, he said.
After DeClue completed her questioning of Case, commissioner Tony London warned against putting a “bad guy” label on anyone.
“Nobody is a big villain here,” commissioner Tony London said. “Most cases where dogs are not being fed properly are not the result of someone being evil. A lot is financial, a lot is educational, and quite often, these dog owners don’t know where they can turn,” London said.
The animal-rights advocates repeatedly asked the commissioners what they could do to help ensure that what happened to Thor doesn’t happen again.
“Ultimately, I don’t know that you can make sure it never happens again,” London said.
Kleinhenz said he understands the animal-rights advocates are passionate about their cause and simply want to stop animals from suffering.
“But the reality is that we cannot control other people,” he said. “I think all of us in this meeting would like to control others’ behavior. But we can’t. And the courts cannot. Our jail is a testimony of that.”
In response, Collins’ next door neighbor, Tammie Hawley, told the commissioners that while they can’t control behavior, they can refuse to return an animal to an abusive situation.
“We have to be careful doing that because pets are considered personal property,” London said. “You have to look at things from different angles.”
One complicated angle is that different people have different definitions of animal abuse. After going out with Case on two different reports of allegedly abused dogs, Kleinhenz said neither report met the legal definition of abuse.
London said he asked multiple veterinarians whether tethering or leaving a dog out in extreme weather conditions constitutes abuse.
“It boils down to whether an animal can seek comfort at will,” London said. “That’s the direction we need to head for.”
If animal lovers want to take action, they could kindly inform the owner of a distressed animal about different community resources, London suggested.
That would include the Bartholomew County Humane Society, which can supply free dog food to qualified individuals, or the Heritage Fund Community Foundation of Bartholomew County. London says that organization has connections with a program that pays veterinary bills for qualified pet owners who can’t afford to pay themselves.
Animal-rights advocate Kate O’Halloran suggested that local community members form a group of volunteers who will put up a fenced-in area for dogs at no cost to the owner, as well as ensure the animals have adequate shelter at all times.
Kleinhenz described the case of Thor as “a wake-up call,” adding that while the commissioners are not at a point where they’re ready to create new laws, adjustments can and should be made to existing animal control policies.
“We are also talking about stepping up our presence concerning tethered and sheltered dogs in our community,” Kleinhenz said.
