County Mayor responds to attorney’s comments in pet custody lawsuit

Published 4:25 pm Friday, March 30, 2018

After an attorney in a Virginia civil lawsuit regarding custody of two dogs previously seized by the Elizabethton/Carter County Animal Shelter spoke out regarding Carter County Mayor Leon Humphrey’s involvement in the case, Humphrey is now responding to comments made by the lawyer.

In a statement released to the Elizabethton Star on Wednesday, March 28, Humphrey pointed to comments made by Attorney David Bary in an article published in this newspaper on Sunday, March 25. Humphrey said that Bary “provided legal advice stating that ‘concerns about potential liability exposure are valid and duly warranted.’” Humphrey took issue with this claim by Bary.

“At no point in time, have I ever put the County at risk. The State of Tennessee Comptroller’s Office investigated shelter operations and found numerous problems,” Humphrey said in the released statement. “During the course of the investigation, the former shelter director was terminated. Unfortunately, that director’s improper processing and lack of documentation of the intake, care, custody and ultimate release of the animals in question contributed to but was not the sole cause of this pending action. There are other parties that will be named later.”

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Humphrey noted that following the court proceeding in Wise County on Feb. 22, the judge presiding over the case ruled in favor of Kimberly Buckles and ordered Bary’s client Sandy Blanton to return the two dogs to Buckles. Bary then filed an appeal to the ruling, which is scheduled to be heard on April 19.

“First it must be noted that Attorney Bary is not licensed to practice law in the State of Tennessee. It is unbelievable that he is attempting to try this matter in the Carter County Court of Public Opinion; a court which has absolutely no jurisdiction in the matter,” Humphrey said in his released statement. “Only the presiding Judge in the appellate court has the authority to render an opinion as to whether he/she will uphold the lower court’s decision.”

According to Humphrey, the judge presiding over the case likened the circumstances of the case to someone purchasing a vehicle they did not know had been stolen and unfortunately they have to relinquish the vehicle and the funds.

“The records that were obtained from the Comptroller’s Office make clear that the rescuer who sold the animals to Attorney Bary’s client did not have legal ownership to Ms. Buckles’ dogs,” Humphrey said in the statement. “When I was asked to look into this matter by Ms. Buckles and with the assistance of the State of Tennessee’s Comptroller’s office, the shelter’s medical records that were obtained showed no indication of abuse, animal cruelty or neglect and the rescue contract indicated that the transfer of ownership was to a rescue organization in Connecticut. The animals were discovered in Virginia where they were sold to Mr. Bary’s client.”

“I met with the County Attorney and asked if he could bring an action on behalf of Carter County to rectify the situation. He stated he would not but advised that Ms. Buckles had every right to file a civil complaint to recover her pets. The County Attorney also advised that I was not prohibited in testifying in the case or supporting Ms. Buckles in the matter. This is a civil matter pertaining to property ownership and the validity of contracts, nothing more,” Humphrey continued in the statement. “There are a number of citizens that do not have a clue as to the actual facts in this matter. Yet they are quick to point out all the liabilities that have been assumed by the county.”

“At no point in time during my testimony did I ever do anything to harm Carter County and its citizens. My actions were to assist in righting a wrong done to Ms. Buckles and her son,” he added.

Humphrey said some people have made “derogatory remarks” about why he would help Buckles and her son recover the two dogs.

“The answer is simple, I have a daughter and grandson and, if the same thing happened to them, I would treat them no differently,” Humphrey said in the statement. “Actually, while serving as mayor I have received hundreds of requests for assistance from both residents and non-residents. I have always done my utmost best to help in any way possible regardless of a person’s circumstances.”