Nearly 100 pit bulls found neglected - Newkirk, OK

Tuesday, Dec 2, 2008

County: Kay

Charges: Felony CTA
Disposition: Convicted

Defendant/Suspect: Jerry Lee Southern

Case Updates: 4 update(s) available

A Kansas man has been arrested on animal abuse complaints after authorities in Kay County say they discovered nearly 100 neglected pit bulls at a rented farm near Newkirk.

Kay County Undersheriff Steve Kelley says 32-year-old Jerry Southern of Wichita, Kan., was arrested Tuesday and is being held in the Kay County Jail.

Kelley says his office received an anonymous tip that led to the discovery of 96 pit bulls. He says most of the dogs were chained to logs while about 10 were found locked in a barn with no food or water.

Southern told authorities he shows and sells the dogs but no one was buying them.

Kelley says his office is looking for organizations to help rescue the dogs and make food donations.

Case Updates

A Wichita man who was arrested after Oklahoma authorities found more than 100 emaciated pit bulls on a farm he rented near Newkirk was sentenced this week to 90 days in jail. Jerry Southern, 33, also was ordered to pay $10,000 in restitution to three animal rights groups. Southern, initially charged with 70 counts of animal cruelty, reached a plea agreement with prosecutors in which he pleaded guilty to five of the charges. He was fined $1,000, ordered to pay $100 in court costs and ordered to possess no dogs other than a family pet. Southern was ordered to turn himself in to the Kay County Sheriff's Office on Oct. 8 to begin serving his sentence. He will be on probation for five years after completing his sentence. Investigators found the dogs on a farm seven miles west of Newkirk in December 2008 while following up on a tip from some pheasant hunters who had stumbled across the dogs.

Source: Kansas.com - Aug 24, 2010 Update posted on Aug 25, 2010 - 6:02PM

Jerry Lee Southern � the Wichita man accused of animal neglect in the Pit Bull case - made his initial appearance in Kay County District Court Wednesday with his attorney. He is represented by Grace Yates of the Holmes and Yates Law Firm. Southern is charged with 70 counts of animal cruelty in connection with the 106 dogs found chained and hungry at 7551 west Dry Road on Dec. 2. He appeared before Judge Phil Ross and told the court that he has been a resident of Wichita since the age of 14 and that he has a girlfriend and three step children at home and three children outside the home that depend on his income. He confirmed that he has no family in Kay County and that he is renting the property owned by Tremekia Atkinson on Dry Road and clarified that he is 36. Southern said he is a self employed tow truck driver in the Wichita area and that his truck is paid off. Yates made a 20 minute plea for Southern's bond to be reduced from $250,000 to $15,000. "It is apparent this case has drawn a significant amount of publicity," said Yates. "If you sniff through the sensationalism and the information you will see that a $250,000 bond is excessive under both the constitution and the state constitution." Yates pointed out that Southern's criminal record does not include bail jumping or failure to appear. "The purpose of bond is to agree to appear for a court date not punishment," she said. "My client cooperated with the sheriff's department. When they called and wanted him to come down here about the dogs, he did so voluntarily. He did not book a flight to Mexico. So here we are on Dec. 17. He has been in the Kay County jail since Dec. 2 unable to earn income. His retainer fee will not carry him through a preliminary hearing. The county has had experts and others at the site destroying and changing evidence. My client is entitled to the same right to hire his own experts." Yates said she has visited the dog site. "Those dogs are in the same environment now as they were before Southern was arrested," she said. She then compared Southern's bond to other bonds set in animal cruelty cases across the state including the Osage County 2005 case against Dale Randall, in which her legal partner Kenneth Holmes, defended Randall for a short time. "Randall was charged with 38 counts of animal cruelty and his bond was set at $10,000 own recognizance," Yates said. "No where could I find a similar case with a similar bond. Bail must be reasonable. We intend to defend this case vigorously and we ask that bond be reduced to $15,000. That is what he can post." Assistant District Attorney Tara Portillo argued that bond should not be reduced and called Yates' accusations erroneous and offensive. "Her implications that the sheriff's department is destroying and changing evidence is offensive at the least," said Portillo. "They have busted their tails to try and help those dogs. Those dogs now belong to the sheriff's office and they have the burden." Portillo argued that if released on bond, Southern could be a flight risk despite having no bail jumping history. "He has never been facing 350 years in prison before," said Portillo. She justified bond being raised from the initial $50,000 to $250,000. "The state alleges that he lied to officials and told them no more dogs would be found on the property," Portillo said. "The next day the 10 puppies were found and they were the worst of the worst. They were found in crates filled with 3-5 inches of feces. There were mechanical devices used in dog fighting and breeding found and the state does not feel that bond should be lowered, and if it is, it should not go below $100,000." She spoke of Southern's animal cruelty convictions in Kansas and his November arrest in Wichita on a host of charges including leaving the scene of an injury accident and she reminded the judge that Southern was ordered by Butler County Kansas District Court never to own a pit bull again. "He has shown no respect for what a court does or says," said Portillo. After listening to both sides Judge Ross clarified that he did not set bond at $250,000 but that he set the initial bond amount of $50,000. Bond was later raised by Judge Lee Stout. "I struggle with this bond," said Ross. "Not in any of my wildest dreams did I think someone would be facing 350 years on animal cruelty charges. I think $50,000 is appropriate and that is what I will set bond at." Southern remains in the Kay County and his next court date is scheduled for Jan. 16.

Source: NewsCow - Dec 19, 2008 Update posted on Dec 22, 2008 - 3:01AM

Ten more pit bulls were found in a house where 96 pit bulls were found by hunters Wednesday on land south of Newkirk. "They are in bad shape," Kay County Sheriff Dispatch Supervisor Joe Palmer said Thursday morning. "A veterinarian did go out there. On a scale of one to five - with one being the poorest - 94 were rated less than one." The ten found by a sheriff's deputy last night were puppies. One died while the deputy was there. The majority are outdoors on three-to-four foot chains. Ten were found in a barn. None of the animals had food or water. The sheriff's office has put out a plea for donations of dog food. Undersheriff Steve Kelley estimated it would take six sacks per day to feed 96. He said the animal's ribs and back bones are showing. "We received lots of calls from Winfield, Welllington and Wichita," Palmer said. A Wellington shelter is bringing down a load of food. We don't know how long we'll have to take care of them." Bales of hay are needed now to help keep the animals warm. Palmer said if someone wants to donate bales they may call the sheriff's office at 580-362-2517 to make arrangements to meet a deputy at the site. The sacks of food may be dropped off at the sheriff's office at the courthouse in Newkirk. Investigators tracked the dog's owner through the utility company. Jerry Southern, 32, of Wichita, drove to Newkirk after contacted by authorities. He said he raised the dogs to sell them but nobody was buying. He also claimed he fed them everyday. Kelley said for the amount of food Southern said he used it would have amounted to only a handful of food per animal. Southern was made to feed the dogs before the was arrested for cruelty to animals. He has been convicted to the same crime before and ordered by the court to stay away from put bulls, according to Kelley. He hopes a Utah organization that takes in abandoned pit bulls will help with the animals found near Newkirk.

Source: NewsCow - Dec 4, 2008 Update posted on Dec 4, 2008 - 8:31PM

He was banned from owning pit bulls in Kansas, so a Wichita man takes the animals across the border. An anonymous tip leads Kay County, Oklahoma investigators to a farmhouse near Newkirk, where they find a case of animal abuse larger than they know how to handle. Behind this Kay County farmhouse is something veterinarian Seletha Sanders never expected to see. "Not this," she said. "It's a little more severe than I anticipated." A pit bull tied to a chain no more than three feet long, another shivering in the cold and another cowering inside a barrel. Sanders doesn't know the last time any of these dogs were fed or how much longer they could have survived. "They really need some help," said Sanders. One desperate cry seems to speak for all of them. All 96 of them. "It's sick," said Sanders. "Sick, very nauseating." 96 pit bulls. Their owner told the Sheriff's office that he breeds the animals for sale. "But the sales have declined," said Undersheriff Steve Kelley. "Nobody is buying pit bulls, so he's stuck with them." He says some of these dogs have been here as long as five years. You can tell by how deep the path is that they've worn from running around the same circle for so long. Investigators document each of their conditions as Sanders carefully examines them. "A lot of them you can't get close enough to touch," said Sanders. There are so many the Sheriff doesn't know what to do with them, because besides their health conditions, re-socializing them is another challenge. "There are not a lot of homes that will be open to adopting a dog with issues," said Sanders. "Breed is not the issue. It's just that these dogs have some baggage." The baggage stacks up to possible criminal charges for the owner, most likely 96 of them. For right now, grocery stores are donating bags of food to feed the dogs. The Sheriff's office is looking for places to house them. They've put in a call to the same animal rescue that took care of dogs in NFL star Michael Vicks's dog-fighting case. The suspect in the Kay County case is scheduled to appear in court on Thursday.

Source: KWCH - Dec 3, 2008 Update posted on Dec 3, 2008 - 11:34PM

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