The return of the animals seized in July by the Wood County Humane Society, from the property of James
and Karan Southwick, is being resolved.
Seven weeks after a jury trial found the couple “not guilty” on 23 counts of animal cruelty and neglect,
some of the animals are being returned while others will be staying with foster families who have bonded
with them.
Taken from the Southwicks’ property in July were 34 animals, including dogs, cats, horses, chickens, pigs
and a goat. The couple were individually charged with one count of abuse for each animal seized, but
during the trial Dec. 7 and 8 in Bowling Green Municipal Court, the charges were reduced to 23. The jury
found the Southwicks “not guilty” on all charges. When their attorney, Scott Coon, asked Judge Mark
Reddin about the return of the animals, the judge remarked that he would await a motion for their
disposition.
The motion initially was never made. In a telephone interview three weeks after the trial, Coon said he
had been in discussions with humane society’s counsel about the animals’ return instead of filing a
motion in court.
At one point the WCHS offered the couple $2,000 in exchange for ownership of the animals, which the
Southwicks refused.
WCHS animal cruelty investigator Erin McKibben explained by phone late Friday afternoon that all
donations given to the non-profit shelter go toward its operations, while funds such as those offered
for the purchase of the Southwicks’ animals “come from core volunteers and staff paychecks. It is money
raised on our own time” to buy animals believed to be abused so the humane society can find new homes
for them.
“There was never a court order, which is why we had the animals,” McKibben said. “Nothing was ever set in
stone.” She said a date and time had not been set up by court for the animals’ return, and the WCHS
wanted to “go by the book.”
For three additional weeks there were communications between the humane society and Jay Southwick, while
Karan Southwick said her daily calls were never returned.
McKibben said the couple needed to sign a release of liability waiver, which they did not sign until Jan.
27. The waiver was needed, she said, because “sometimes accidents do happen” when moving large animals,
such as horses.
The waiver was sent by certified mail to the couple’s former Haskins Road address and returned as being
unable to be delivered or forwarded. Karan Southwick questioned Friday why the humane society did not
deliver it to them through their attorney, but McKibben said WCHS attorney Andrew Schuman was in contact
with Coon about the waiver for his clients.
On Jan. 25, Coon and Schuman filed motions at municipal court.
Coon requested the court “order the return of the animals within one week.” He noted the attorney for the
WCHS “offered his assurances that the filing of a motion demanding the return of the animals would not
be necessary,” shortly after the acquittal. “However, it is clear that the Wood County Humane Society
will not cooperate with the Southwicks in returning their (animals).”
Schuman asked that the court “order that the animals have been abandoned and that title now vests with
the humane society.” Included with Schuman’s motion were two pages of dated entries from McKibben
regarding the humane society’s efforts to get the animals back to the Southwicks by communicating with
James Southwick.
During Friday’s brief hearing on the issue, with only Reddin, Schuman and Coon present, the judge asked
for an update on the animals.
Coon replied the WCHS had “agreed to deliver the animals.” The dog, Oliver, had been returned to the
couple on Thursday night, while the cats were being “delivered as we speak.” By 5 p.m. the goat and
chickens were to be taken back and the horses on Wednesday.
But mid-Friday afternoon, Schuman said he spoke with the humane agent and found out the WCHS was keeping
the Southwicks’ cats (described as barn cats during the trial) to spay and neuter them.
McKibben explained the humane society will spay and neuter the cats for a woman who has agreed to take
them, since she has been fostering other Southwick animals.
“At this point in time I believe we’ve done everything on our part,” said McKibben, noting the humane
society is returning the animals which the Southwicks want and planning to spay or neuter the barn cats.
“It comes right down to, this issue has to come to a conclusion,” said Schuman, “this has to come to an
end.”
Karan Southwick said the couple had to sell their property to pay attorney fees, but they will still be
able to keep the animals returned in outbuildings. A family friend has offered a place where they can
move the animals in the future.
“I just want to thank everybody that has stuck up for us,” she said. “We lost a lot because of the humane
society. … We were able to stand up for ourselves and clear our names. Now we can get on with our
lives. We’ve got our critters back.”
