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http://heraldleader.com/454/story/173272.html
Man drowns neighbor's kitten in barrel, says he was attacked
TELLS OF FINDING 'SALLY' IN RACCOON TRAP
By Delano R. Massey
[email protected]
Bill Fountain says he was attacked last week by a wild animal he found in his raccoon trap. In an effort to defend himself, Fountain drowned it in a large barrel.
"I was attacked in my back yard in the night by a feral animal that I thought was a raccoon. I was merely protecting myself," Fountain, a University of Kentucky extension professor of horticulture, said yesterday.
It turns out the "feral" animal was neighbor Barbara Morgan's 5-month-old kitten Sally, one of two abandoned kittens she recently rescued.
Morgan hoped to find homes for Sally and Susie -- two short-haired black cats with "pretty" green eyes. Susie has been missing since Labor Day, and Morgan's suspicions about her fate have heightened because of Sally's demise.
Whether or not Fountain thought the animal was a raccoon, Lexington police Lt. Dwayne Holman said, a complaint for second-degree cruelty to animals, a misdemeanor, was filed Thursday at Fayette District Court.
The police report says the suspect "intentionally caused death to a domesticated animal by means of drowning." The kitten was killed about 8 p.m. Thursday.
"At this point, the person has not been charged or picked up," Holman said. "It's up to the court."
Holman said police have forwarded Morgan's complaint to the Fayette County attorney's office for a recommendation on whether to file criminal charges.
Such a case is rare, said Fayette County Attorney Larry Roberts. Typically, such charges are filed in rural areas over mistreatment of farm animals. He said the charge carries a penalty of up to 12 months in jail, a fine or both.
Fountain's attorney, Don Todd, said his client was well within his rights.
"Raccoons were getting in his trash, gnawing on his garbage," he said. "He had a trap out for a raccoon, he thought it was a coon he captured, it struck out at him -- grabbed at him."
Todd stopped short at saying how the cat died.
It's "unfortunate it turned out to be his neighbor's cat." He said Fountain "feels terrible about it."
Morgan feels terrible, too.
"She's been torn up all weekend," said her husband, Letcher Morgan. "She's finally getting back to a little bit of normal."
Barbara Morgan gave this account of the incident:
She walked outside to prop open the side door to the garage so Sally and Susie could come home and eat. Morgan heard Fountain moving around, so she walked over to the 6-foot privacy fence that separates the two yards on Wabash Drive. Peering through the fence, she saw Fountain walking with his raccoon trap. Then she noticed a dark object on the ground.
She asked "Bill, what are you doing?"
She said he turned, then said, "I killed a coon."
How did you kill it? she asked. He said, "I drowned it."
But Morgan thought she saw her black kitten. She asked to see the raccoon.
"I asked him about four times," she recalled. "I asked if he would show my husband. He said, 'No, I don't have to.'"
She went into the house, told her husband about the encounter and called the police, who found the dead cat.
The Lexington Humane Society came out and removed the body. Officials called Morgan on Friday to identify the body. It was Sally.
The Morgans have lived on Wabash for nearly two decades. Morgan says she has looked after Fountain's home, watering his flowers while he was out of town.
"For this to have happened, it's just so totally shocking to me," she said.
Fountain said he did not kill Sally intentionally.
"I dearly love Barbara and Letcher," he said. "They're wonderful people, and I would never in a million years do anything to hurt them."