Brick Couple That Neglected 'Sammy' the Dog Avoids Jail Time

The two Brick Township residents who admitted to neglecting an elderly cocker spaniel named Sammy will not serve jail time, a judge ruled Tuesday.

Superior Court Judge James Blaney sentenced Keith Morgan, 56, to 90 days of house arrest and five days of community service, while his ex-wife, Shauna Kennedy Morgan, will serve one year of probation and 30 days of community service.

The Morgans, who had pleaded guilty to neglect charges, were resentenced after they appealed a sentence handed down by Brick Township Municipal Court Judge Robert Lepore in November. Lepore sentenced both Morgans to six months in jail, a $1,000 fine and more than $13,000 in restitution to the Red Bank Veterinary Hospital.

The Morgans were charged with neglecting and starving the older, white cocker spaniel to the point where the dog could not move due to its hair being so overgrown and matted.

The pair were charged after Keith Morgan brought Sammy to the Monmouth County SPCA in a bag, saying he found the dog on the side of the road in Wall Township. Eventually, investigators found out the dog belonged to the Morgans.

At Tuesday's hearing, Assistant Ocean County Prosecutor Meghan O'Neill asked Blaney to uphold Lepore's sentence from municipal court, saying Sammy was brought to veterinarians with a 104 fever and had sat in his own urine and feces for eight days.

"He wasn’t just an old dog who had some matted fur," said O'Neill. "He had a 104 degree fever, was severely emaciated and severely dehydrated."

O'Neill admitted most animal neglect cases do not result in jail time, but "just because it hasn’t been done in other cases doesn’t mean this court should shy away from the legislatively-approved disposition of this case," she said.

But defense attorney Kevin F. Sheehy, representing Keith Morgan, said his client suffers from end-stage kidney disease and is in need of a transplant. When Shauna Morgan left him in 2012, he was overwhelmed and could not care for the dog as his health deteriorated.

"It wasn’t until Mr. Morgan’s life fell apart that this period of neglect began," said Sheehy, arguing against jail time for his client because of his medical conditions that render him unable to move for hours after he gets up each morning.

Shauna Morgan's attorney, Charles Berkeley, said his client was not in the home for most of the period during which Sammy was neglected.

"She should have acted sooner, but didn’t," said Berkeley. "It was an overwhelming situation. There was never any intention to do harm to this dog."

Blaney, agreeing with both defense attorneys, said the six-month sentence imposed by Lepore was not appropriate, since the neglect charge – a disorderly persons offense in New Jersey – carried a maximum 90 day jail term with an expectation of probation.

Blaney said Keith Morgan's health condition was a mitigating factor in sentencing and found that he was both "physically and mentally disabled."

Blaney also threw out an order imposed by Lepore that neither Keith nor Shauna Morgan ever own a pet again.

"The court doesn’t feel that it has the authority, nor does it wish to do so in this case," he said.

Blaney also capped the couple's restitution payments to the veterinary hospital at $1,000 each.

Outbursts in Courtroom; 'A Tortured Existence'

Blaney's ruling was met with rumbles of angst among the 30 or so spectators in the courtroom, most of whom were wearing "Justice for Sammy" t-shirts.

Blaney threw one woman out of the courtroom after she loudly laughed after he delivered his sentence. Another woman voluntarily left, muttering "bullshit" as she exited the court room.

While the Morgans avoided jail time, Keith Morgan's lawyer said his client now lives a "tortured existence" after so much attention was given to the case.

"This past year he’s lived an unenviable, tortured existence," said Sheehy. "He’s a social outcast. He can’t leave his home without being harassed, without people threatening him. He’s had to move out of town, change his phone number and stop his mail. These are things that aren’t going to end today; they aren’t going to end when his sentence is up."

Victor "Buddy" Amato, Chief of the Monmouth County ASPCA, which brought the case against the Morgans, was not satisfied with the ruling. But, "it is what it is," he said, saying that he respected the judge's decision.

Amato squarely rejected Sheehy's argument that Keith Morgan was "overwhelmed," however.

"People are overwhelmed all the time. I was overwhelmed this morning," said Amato. "If being overwhelmed alleviates the horrific acts that this guy did to this dog, I'll hand in my badge tomorrow."