COMPLAINT OF PATTY BAKER (KENT COUNTY RESIDENT)
I am contacting you to voice a complaint concerning the KCSPCA, specifically Executive Director Kevin Usilton and ACO Corp. Hulse. I understand that shelter operations fall under the jurisdiction of the Department of Agriculture. I have already contacted the following people in this matter: Commisioner Brooks Banta, KC Levy Court; Abby Betts of Governor Jack Markell’s office; WBOC news; and Meghan Mariner of the Attorney General’s Office. On February 28th, I went to Petsmart to adopt a dog from the KCSPCA. Ayoki is a pug, and was owner-surrendered along with her sister. Although the owner had asked that they be placed together, I was unable to take both dogs. I offered to take a picture of the other dog, to show her to others that might be interested. I was allowed to fill out the paperwork to adopt just Ayoki, and was approved. I was told I could pick her up on February 29, as they were going to put a microchip in her. I returned on February 29 and took Yoki home. On March 1st, I got a call from a young woman from the Petsmart KCSPCA center. She informed me that her boss wanted me to return the dog. I was dumbfounded, and told her that Ayoki was happy and adjusting well. I refused to return her, and told the young woman that her boss could call me if he had any questions. (At this time, it was relayed to Ms. Baker that KCSPCA would NOT reimburse her for any veterinarian expenses.) On March 2nd, I was away from home. When I returned, there was a message from someone at the SPCA asking me to call him, but I was not able to make out his name, and did not return the call. On March 6th, I took Ayoki to my veterinarian in Middletown. Her ears were badly infected, and the vet said they had to have been like that for a very long time. I was given medication for Yoki. I then called Petsmart, thinking that Ayoki’s sister might have the same infection. The young woman I spoke with told me that her boss was sending someone to my home to collect Ayoki. This frightened me and infuriated me at the same time. I called my local (Cheswold) police for advice, and was informed that an SPCA officer can come onto my property but could not force himself into my home. A little later, around 7 pm, my door bell kept ringing and then somebody started banging hard on the door and shining a light in my front window. I went to my door without opening it and asked “who is out there?” He told me, “Corporal Hulse with the SPCA, now open the door!” I told him I would talk to him through the door but would not let him in. He kept on insisting that I open the door, and I kept refusing. I then heard him say, “You Bitch!” He told me that he could have me arrested and also that I would be held responsible for the other dog’s death if she died. He was persistent and rude and kept shining a light in my window, and I called the Delaware State Police. When they arrived, I showed them my adoption papers. Then they went out and talked to Corp. Hulse. They came back, and informed me that Corp. Hulse intended to get asearch warrant
for my home, and come back to take the dog. known to us as “Sergeant” Hulse)
(PLEASE NOTE: “Corporal” Hulse is
On March 7th, my husband Marty spoke with Kevin Usilton at the SPCA. He was told that they would take back Ayoki and refund the cost adoption fees and reimburse the veterinarian fees. My husband told him that we would get back to him. Later that afternoon I called the SPCA to speak with Kevin Usilton. He was not available and I was told he would get back to me later. He never called back that day. On March 8th in the morning, I was called by Kevin Usilton. I told him that I would no longer speak with him on the phone. I also told him that all correspondences are to be either by e-mail or writing. He said fine and hung up. On March 9th, I spoke with Cheswold’s chief of police; he told me that he thought it would be next to impossible for Mr. Usilton to get a search warrant issued. He also believes that the KCSPCA has no legal rights to the dog since I have adoption papers. ------------I have been informed (by an employee of SPCA) that Mr. Usilton intends to file a civil suit against me. I understand that he fired the young woman who processed the adoption. I was also informed that, despite Corp. Hulse’s statements, Ayoki’s sister is not suffering from depression and in danger of dying; he was lying to me. I have done nothing wrong – and do not believe that the young woman who processed the adoption did, either. She was not the only SPCA employee at the desk, and everyone seemed to understand that one of the dogs getting a home was preferable to neither of them being adopted. If Mr. Usilton persists in sending animal control officers to my home to take Ayoka back, I will again call the Delaware State Police, as is my right. Secretary Kee, I am on disability with ARD (Acute Respiratory Disorder) and my doctor adivses that stressful situations are to be avoided. Needless to say, this is a stressful situation. I would appreciate hearing from you regarding these actions by the director and animal control officers of the KCSPCA. UPDATE 4/16/12: Kevin Usilton also fired the adoption manager, then gave the young woman who processed the paperwork her job back. He has issued a summons to Ms. Baker for JP Court 16 for May 10, 2013. UPDATE 5/18/12: Patty Foltz talked to Ron Poliquin, atty, who agreed to talk to Patty Baker, and ended up agreeing to represent her.
At court 5/10, KU tried to argue that it was in the animal’s best interest to be re-united with it’s sibling. Judge pointed out that by law, pets are property and he could not consider that argument. Judge and Mr. Poliquin established that the adoption contract was signed for by the KCSPCA and the contract was written by the KCSPCA and only specified one animal. KU tried to argue that the 3-day clause for prior owner asking for animal back kicked in, KCSPCA was prior owner. Was told that was clearly for the owner of a stray or the owner who relinquished the animal. KU tried to argue that the dog was taken to the vet withing 5 days of adoption because it was sick (implying that, like its sibling, was grieving); Attorney offered vet records showing it was an ear infection (and contract calls for adopter to take animal to vet within that time frame). Judge dismissed case in favor of Ms. Baker and gave a 5 minute recess for KU to decide what he wanted to do (oh, Whipple and Hulse were there coaching him the whole time); KU tried to argue that clause in contract said dog could not be allowed to be lonely and her dog was lonely; Judge asked how he knew that; KU said ACO was denied access to home, atty pointed out ACO was denied access because he was trying to reclaim animal, NOT check on its welfare; bottom line, couldn’t prove dog was lonely, dismissal in favor of defendant stood. Atty asked for Rule 11 hearing for penalties and sanctions, because suit was brought in bad faith and in retaliation for Ms. Baker contacting her elected officials. To be scheduled. NOTE: As the writer of these updates, I was present in court for this hearing (along with KCLC COmm. Jody Sweeney, Carol Furr, and Doug Beatty) and contact Ms. Baker directly for her information. UPDATE 5/24 & 25/12: Mr. Poliquin gave the KCSPCA 20 days to accept the out-of-court settlement (May 30); Ms. Baker has not heard from either Mr. Poliquin or the KCSPCA. The No Kill DE Elite Blocked Club FB page is posting a version of this story making Ms. Baker the “bad” guy and KCSPCA the “good” guy. We have had a report that the Board and Mr. Usilton are aware of the FB posts; in fact, Mr. Usilton has a FB page.
