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ZEBULON - Pike County Times has kept an eye on animal control in the county for many years. This has included going to meetings and writing articles about donations to the county for an animal control facility and documenting the steps that have been taken to get the county to the point we are at with animal control but not an animal shelter. Yet.
Complaints have come in about various animal control issues over the years that have become articles after paying for open records and digging to find facts. There were several animal control cases in Magistrate Court that Pike County Times followed until their cases were resolved in December of 2024 and January of 2025.
Judge Clayton Kendrick presided over the Magistrate Court cases that Pike County Times observed in December and January.
Harrison and Clark
The first case of interest began on April 8, 2024. It began with a ten to twelve week old puppy left its property and bit a child causing minor injury. When animal control requested rabies vaccination for the dog, there was no documentation provided to animal control so citations were issued for a rabies inoculation and nuisance animal. [Note from the Editor: Animal Control did a 10 day rabies quarantine on the puppy to follow protocol.]
Harrison. 10 nuisance 8 no rabies. Clark. 4 no rabies 4 nuisance.
June and July brought complaints of dead chickens and pictures of dogs on neighboring properties. More citations were issued for nuisance animals and not have proof of rabies inoculations.
The cases were consolidated and the defendants even asked for a jury trial in Superior Court before the case came back to Magistrate Court in December with a resolution that had been put together at Superior Court.
County Attorney Rob Morton presented the case for the county. Neighbors were there to testify in court about the death of their chickens. It was stated in court that a plea was negotiated because the puppies were terrorizing the neighborhood and that some reasonable efforts with fencing had been made. Harrison’s attorney said in court that there was a possible discrepancy with the age of the puppies and Harrison didn’t want anyone thinking that he wasn’t getting his puppies proper care because they were too young for rabies shots at the time of the occurrence. He also stated that Harrison is no longer living at that residence.
Harrison and Clark both pled guilty and paid restitution to the neighbors for their chickens and court costs. Harrison pled guilty in December and Clark in January.
Mike Nesmith
Mike Nesmith had been issued a nuisance animal citation. This was the second time that this has happened with his dog being photographed on a neighbor’s property.
When asked if he wanted go to trial, he advised that he wanted to fight it so the trial of one charge of nuisance animals began.
Judge Kendrick began walking him through the trial process. Mr. Morton gives evidence for the county. Opening statement. Nesmith response. Then questioning witnesses for the county.
Nesmith interrupted and changed to a plea of guilty. Will pay the fine.
Judge Kendrick walked him through the form including the maximum fines. Pled guilty and agreed to a fine of $222.90.
Lee Stewart
Stewart pled guilty to a list of 12 consolidated citations.
There was an incident where Stewart’s dog came onto a neighbor’s property while that property owner was walking her own dog on a leash. The property owner was dragged and injured when her dog went after Stewart’s dog while being protective of its owner.
The court was advised that Stewart had constructed a pen for the dog. He spent $1040 to construct the pen connected to a barn. The county suggested that the money spent on the pen and fencing offset the $100 per citation with an agreement to pay the remaining $200 plus $70 in court costs on the condition of no additional incidents.
John Simms
He plead not guilty to 2 citations of animal abandonment under cruelty to animals statute. Said that he thought he got all of his dogs. Not represented by an attorney. Waived his right to an attorney. Opening and closing, call witnesses, present his side of the case, cross examination. [Note from the Editor: I left this in court form rather than condensing it so readers can experience what Magistrate Court is like.]
Morton. Waived opening.
Simms. Brief statement on the evidence? No.
Witnesses. County Attorney Rob Morton did the questioning.
Deputy Rowan, been on the job for 19 years. The county did an eviction on John Simms for the animals on the property on Alabama Road. Left many notices on the door to make sure that everyone knew that the eviction was being served. Rowan said that there were so many animals on the property including some that were running free. There were over 20. Worked with Animal Control to try to give Simms the opportunity to pick up the animals left behind. Made many attempts prior to the eviction to let the tenants know. When he was asked to describe the animals left on the property, he said that it wasn’t a good environment with many small pens. “I wouldn’t treat anyone like that.”
Simms did the questioning. Was this dog running loose? This dog was inside of a pen right beside the house. All those animals were being fed by you. It was your dog. Did you see this particular dog in a pen? I know that you were collecting dogs from other locations and bringing them here. Rowan said, “I told you that you were doing more harm than good.” Simms. I remember you telling me to catch all of the dogs. When we left, there was one dog. Did you search the area before I left? Yes. I told you to catch all of those running loose.
Tanya Perkins. Animal Control Director for almost 10 years. Have you had interactions with Simms? For the past 10 years. Based on experience with Simms, how would you describe what he is doing? Hoarding. Not separating males and females and many dogs. Was shown a photo of dog that has been out there for a long period of time. Pregnant dog with what looks like mange. Caught her and a neighbor caught the other one in a trap. The other dog was so aggressive that it had to be eliminated. Rowan contacted you? Told her that Simms had left two dogs behind. Texted Simms to pick them up, and he said ok. Sure that text was sent to Simms? Yes. Presented a paid invoice from where the new property owner took the mangy dog and had it euthanized because Simms did not come get the dog. Receipt for the cost for euthanasia. County is asking for restitution to the new property owner. Kept up notes for the past 10 years with Simms? Yes. Provided a summary of the past 10 years to the county, correct? Yes.
Call from Rowan about the eviction. Made sure that Simms was to take all of the dogs. Got a call later that two dogs were left behind. Did you make a determination that Simms was the owner of these two dogs? Yes. They’ve been out there every time I was out there. Simms lived at another residence but maintained the dogs at this address. Over the course of 10 years, did he provide food, shelter, and water? Yes. He was the owner of these dogs. Will you pull up the text message that you sent to Simms and his response? September 9 at 12:10 p.m. You have 2 dogs on the property. You will have to have me or Deputy Rowan present to pick them up. Responded, Ok and thumbs up. This is on her county phone. Showed that to the defendant and presented to the court.
As a result of the investigation on these 2 dogs, you gave citations to Simms? Yes. For animal abandonment under cruelty to animals. These were his dogs. Asked the court to find him guilty of animal abandonment under cruelty to animals.
Simms. When you sent the text, did you identify yourself? “No, but you knew who I was,” said Perkins. Angela Neal. Purchased the property at a foreclosure auction. Explain the receipt. We got a court order to do an eviction because of live animals. Counted 24. Deputy Rowan came out. Defendant was called to pick up the dogs. Condition was terrible. A female dog was in extremely grave condition. Three dogs that were left. Took a couple of days to catch the female and put her in a pen. I had to make the decision to put her down. “You couldn’t step one foot on the property without stepping in feces,” she said. A lot of busted bottles in the pen too. “It was the most horrific thing that I’ve ever seen.” She said that she put down the female as a humanitarian gesture. Animal feces. Probably 3 to 4 inches deep outside and also in the house. Took a crew of 6 people to shovel 4 to 5 inches of fecal matter out of the house. A 2 month old puppy was found dying in the house. Simms took that puppy.
Simms questioned Neal. The female dog was in a pen? Yes. She would be in a pen or under an outbuilding to the left of the pen. I had a conversation with you about this pregnant dog that was being left there, and you were supposed to get it. “I wasn’t happy you were getting any dogs and don’t think you should own any dogs.”
Simms. Witnesses? Statements?
Simms was placed under oath to testify. I don’t deny the condition of that dog. I’ve never claimed or had the dog in a pen. The dog ran loose with the other dog, and that was his mother. I claimed and took care of 22 dogs. There was 1 dog left at the end that we tried to catch it. I would have taken it whether it was mine or not, but I couldn’t catch it. Had seen both dogs come and go, but they were not under my control and were not my dogs. He said that he got himself in trouble collecting these dogs because people drop them off there. Documentation that got 22 dogs vetted, but these two remaining “were not my dogs.”
Rebuttal. Morton. The court has enough evidence on this. Will do a closing argument.
Simms. Closing statement. I took all of the dogs off of the property. They weren’t my dogs. Never vetted. Never penned. Both of these dogs. I had no control of these 2 dogs.
Morton summed up the case. 2 citations under cruelty to animals/abandonment. The female dog was in the pen. Said that there were many conversations with Simms about these dogs. Animal Control had 10 years of experience dealing with Simms. We have no doubt that these dogs were fed, watered, etc. by Simms. We have proven beyond a benefit of a doubt that these were his dogs. Asking for citations. Also asking for restitution to Mrs. Neal for taking care of the animal that was suffering.
Ruling by Judge Kendrick. 2 citations. Cruelty to Animals and specifically Abandonment. Find that Simms knowingly abandoned these animals. Restitution of $150 to Neal. Fines and fees $732.70 for each $1,465.40 plus $150 plus $70. $1,685.40 total. Sentence to pay that total amount. 6 months of supervised probation that will end when the fine is paid. Will allow community service for the fine of $1,465.40 only.
Pike County Times has written about Simms over the past several years with an articles in 2022 that included past history through 2020 with 10 no rabies citations that were issued on January 29, 2020, 17 rabies certifications that were given to Animal Control on February 12, 2020, a viral video that showed 30 dogs in pens in 2022, and a social media request for people to help obtain 27 rabies vaccinations for dogs on this property on June 3, 2022.
Closing
Pike County Animal Control gives a monthly animal control report to the Pike County Commissioners that is easily accessible for the public through the documents that are included in the morning meeting agenda each month. These documents – as well as other monthly reports that are given to the commissioners for various departments in the county – can be accessed through the Pike County government website at www.pikecoga.com. Click on Resources, Other Links, and Meetings & Agendas.
From the December 2024 Monthly Animal Control Report
-Monthly Reports completed
-Georgia Department of Agriculture Data Report completed
-Jacob completed a 10-day rabies observation on Hood Rd.
-Jacob scanned 1 dog for microchip
-Tanya scanned 1 dog for microchip and owner was located
-Tanya issued 1 nuisance dog warning
-Jacob issued 1 nuisance dog warning
-Georgia State License was renewed $100
-Tanya issued 2 nuisance dog citations (Hemphill Rd.) $200
-Tanya issued 8 nuisance dog citations (Old Lifsey Springs Rd.) $800
-Tanya issued 1 no rabies citation (Hemphill Rd.) $100
-Jacob completed a 10-day rabies observation on Brookstone Way
-December 19th Magistrate Court Trial
-A. Keypour 20 no rabies, 5 cruelty $4500 (cont. for 6 months)
-L. Stewart 4 nuisance $400 (cont. to January)
-M. Nesmith 1 nuisance $100 (Guilty)
-A. Pryor 7 nuisance $700 (guilty)
-D. Clark 4 no rabies 4 nuisance $800 (no show)
-C. Harrison 10 nuisance 8 no rabies $1800 (guilty) $600 plus restitution
-Several follow-ups completed