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| Sentenced for animal cruelty, Turk Lake woman doesn't regret having dogs |
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| Written by Andy Kraft |
| Friday, 07 August 2009 15:58 |
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Elisabeth Waldon - The Daily News Staff Writer STANTON - A Turk Lake woman was sentenced for animal cruelty Thursday after giving an angry and tearful protest of her good intentions. Deborah Phenix, 61, appeared with her attorney, Travis Carr of Stanton, before Judge David Hoort in 8th Judicial Circuit Court. Phenix was convicted by a jury June 9 for animal cruelty involving 25 dogs. Her husband, Donald Phenix, 60, also is facing an animal cruelty charge but has not yet gone to trial because of deteriorating health. Montcalm County Assistant Prosecutor Chris Hekman asked the judge to sentence Phenix to jail time Thursday, instead of just the recommended two years probation and 300 hours of community service. "Mrs. Phenix, throughout this whole process, has essentially not gotten it," Hekman said. "There's no acceptance or acknowledgment of responsibility here. I think some jail time is appropriate, one or two weeks." Phenix said she would do it all over again, but she would also get the dogs licenses and vaccinations. "I can't believe this is happening," Phenix said. "They've taken everything that meant anything to me. I've lost my husband because of this, mentally. I admit I got carried away with 25 dogs. Twenty-five dogs is eccentric. But I loved those dogs. These were supposed to be my golden years, but they were tarnished. I don't regret having those 25 dogs. "I let my dogs have the run of the house and I know you guys don't approve of that, but it's my house." Phenix also thanked Carr, saying he donated some of his payment toward care of the dogs and didn't charge her for the rest. Carr said Montcalm County Animal Control Officer Matt Walrath lied on the stand. At the preliminary trial, Walrath said he rushed to remove the dogs from the home because he didn't want the situation to be made public in the local newspaper. But at the trial, Walrath said he rushed to remove the dogs from the home because they were aggressive. "I think they were overzealous, and I think they missed a golden opportunity," said Carr of Animal Control officials. Hekman called Carr's statement "a public crucifixion of a county department." "There is no question, you are guilty of this offense," Hoort told Phenix. "I do think you have a big heart. I do think you cared for these animals. But you failed to provide them with adequate care." Hoort declined to sentence Phenix to jail time, but instead gave her the recommended sentence. Phenix also cannot own any animals and must participate in counseling. A restitution hearing will take place at a later date in regard to more than $9,000 Phenix owes the animal shelter. Animal Control official seized the 25 dogs Feb. 10 after receiving a complaint. The Phenixes had to forfeit the dogs Feb. 25, per a court ruling. Five of the dogs were euthanized Feb. 28 due to aggression. The remaining 20 dogs were adopted or given to rescue shelters. At the trial, Carr portrayed the Phenixes as humanitarians concerned with saving needy animals, while Hekman described the Phenixes as people who let too many dogs live in filth and disease. Phenix testified she took in stray dogs because she didn't want them to end up at the animal shelter. She said she had more than 30 dogs at one point but stopped taking them in when she learned she and her husband were going to lose their jobs at the former Electrolux plant in Greenville. |
