Tenney animals released for adoption, child endangerment charges certified

FRONT ROYAL – Following a two-and-a-half hour hearing regarding a variety of charges against former commercial kennel owners Wendy and Brian Tenney, Warren County General District Court Judge W. Dale Houff granted the commonwealth’s petition that 28 surviving animals seized during a September 12 search of the Tenney property be released for adoption by the Humane Society of Warren County.

Houff also certified 12 felony counts – one for each of the six Tenney children under the age of 18 filed against each parent – to the Warren County Grand Jury convening on January 14. Those charges of “Labor-Cruelty and Injuries to Children” or child endangerment and neglectful care relate to the conditions within the Tenney residence discovered during the September 12 execution of the search warrant by the Warren County Sheriff’s Office.
Following the closing of the commonwealth and defense presentation of witnesses and evidence regarding the petitions, Judge Houff paused to study the many photographs of the Tenney property, residence and shed, the latter where the majority of dogs were discovered, introduced into evidence by Assistant Commonwealth’s Attorney Anna Hammond.

First addressing the felony counts related to the Tenney children, the judge said he did not question that those children were loved by their parents. However, he disputed defense counsel’s contention that what was found that day was “a snapshot” of a specific moment in time that did not reflect how the Tenney’s normally lived.

The judge also disputed a defense assertion that a lack of chronic health problems in the children indicated that they did not normally live in the type of filth discovered in the home that day.

“I do not believe that child endangerment or neglectful care requires the commonwealth to sit back until something happens,” Houff said of potential health consequences of living in close proximity to rotting food, animal waste, mold and insect infestation.

What the prosecution presented from the testimony of law enforcement personnel at the scene and photographs taken by investigators was what the judge termed “such an array of chaos” that it could not simply be dismissed as a momentary aberration without further scrutiny at a higher level, first before a grand jury and then if further certified likely before a jury of the Tenney’s peers.

In fact, the judge pointed to one prosecution photograph with a sign posted on a wall in the Tenney residence that read “To You This May Be Chaos, To Us It Is Family” to question what exactly the Tenney’s considered acceptable chaos.

Three Sheriff’s Office deputies, including Animal Control Deputy Laura Gomez and Investigators Brad Pugh and Allen Smoot testified to what they described as horrid conditions in both the enclosed shed where the dogs were kept penned and residence where one dog and most cats were discovered and in which the Tenneys and their seven children, one over 18, lived.

Those conditions included animal feces and urine, some developing mold or signs of worms, wasting food and trash on the floor and a general stench and smell of ammonia so bad they could continue searches only in five-minute increments even with ventilators on due to the strength of the stench. One officer testified that several of the Tenney children were barefoot and had to step over feces in their bare feet.

Under cross-examination, Animal Control Deputy Gomez admitted that on previous inspections of Tenney’s property as recent as March or April conditions had been normal, clean and acceptable. Defense counsel also pointed out that Mrs. Tenney had asked Gomez to allow her to clean up after she called for the search warrant but had not been allowed to do so.

But under redirect examination, Gomez noted that her previous inspections of the Tenney kennel or property had always been scheduled in advance – “This was unscheduled,” the animal control officer observed.

Discovered on that unscheduled inspection according to Deputy Pugh was a dining room containing “a litter box in the corner with mold on the feces”; a kitchen with “rotted food on countertops with mold” and flies congregating; one bathroom in the residence with a tub and toilet of various shades of brown; and children’s bedrooms “with sheets almost brown with filth”; and “food everywhere.”

Animals & restitution
As for the court’s ruling on the surviving Tenney Australian Shepherd dogs and the cats’ release for adoption, Judge Houff revisited his ruling on the felony child endangerment counts certification to the grand jury.

Noting an absence of malnutrition in the dogs cited by the defense in cross-examination of the humane society shelter director, the judge again noted the Commonwealth wasn’t bound to wait to act to correct a situation until dire negative consequences were visible.
As for what was visible – Gomez described newspapers on top of individual dog kennel cages “saturated in feces, urine and food” inside a closed shed without water or any sign they had been allowed out to what she testified appeared to be unused, clean kennels outside.

Australian Shepherd / Courtesy of AKC Club

Upon the court ruling to release the Tenney animals for adoption by the Humane Society of Warren County (HSWC) “in the best interest of the animals” the issue of restitution was raised. That restitution to date was cited as $39,705 to the HSWC for shelter care and $2,034 to the sheriff’s office for veterinary care.

Defense counsel said he did not know if his clients, both seated with him at the defense table, would appeal the court’s ruling. Neither Brian nor Wendy Tenney spoke during the hearing. Three Tenney children and Wendy Tenney’s parents were present. Tenney’s mother, who took custody of the children when they were ordered removed from the home on September 12, was one of two defense witnesses.

The defendants have 10 days to decide to appeal and 30 days to prepare an appeal filing should they choose that path.

Judge Houff set a $5,000 appeal bond, saying he did not feel it fair to impose the full restitution amount in order to file an appeal.

However, if they do not appeal, the judge filed an order of restitution for the full amount of $41,739 in his decision, stating he believed the county boarding and treatment of the animals was due to actions of the defendants. A conversation between the kennel manager and prosecutors after court was adjourned at 4:57 p.m. indicated a $15 per day fee per animal for boarding at the shelter, other than the first-day intake which is a $25 daily charge.

It was noted that since the Tenney animals were seized, one cat and one dog had been put down due to fatal feline or canine illness issues. But with 28 animals still boarded, if our calculating is accurate that is a $420 per day boarding fee be added to that restitution total. In making his restitution ruling, Houff noted he would not include interest in the previous costs, only from the date of his ruling.

Houff also ruled that the Tenney’s could own “up to four” dogs and “up to four” cats in the future as household pets. He said he did not think it fair to deprive the family and children of the pleasure of pet companionship if they so desired. And while he did not add a prosecution-requested condition that any future Tenney pet be spayed or neutered, he did say the four of each maximum was a hard line that could not be crossed once any resulting puppies or kittens were old enough to be separated from their mother.

See related story: Animal Cruelty charges added to those facing Wendy and Brian Tenney