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'Toby has always been a sweet dog' | Fort Smith Animal Haven put down lost husky hours after arrival, owners say

Toby's owner said he was always very energetic, "People would have thought he was a little goofy ... he loved chasing squirrels and leaves."

FORT SMITH, Ark. — A lost dog was put down hours after arriving at Fort Smith Animal Haven (FSAH), according to the dog's owners.

Toby, a young husky, was lost for about two months before April Skinner in Fort Smith found him and took care of him while waiting for animal control. 

Skinner, whose family already owned the city's maximum of four dogs, was told by animal control that there was no available space for the husky and that if Skinner kept him for too long, Toby would be legally considered their responsibility.

Hoping that the husky's owner would come forward, Skinner made a Facebook post in a community group with pictures of Toby.

When Toby's owner Brandon Sanchez came across the post, he reached out in hopes of reconnecting with the husky, but Toby had already been taken to FSAH, where he was allegedly put down upon arrival after showing signs of aggression, according to the Fort Smith Police Department (FSPD).

Skinner described Toby as being very friendly during their time together, even going as far as letting her kids pet him.

Sanchez said Toby had always been a very energetic dog. "People would have thought he was a little goofy. He would jump on people because he got so excited. He loved chasing squirrels and leaves," he said.

FSPD said Toby was legally euthanized under a city ordinance allowing "diseased or vicious" animals to be put down "if deemed humanely necessary," but Arkansas code states that unless ordered by a court, animals picked up by police or animal control "shall remain at the place of custody" for at least 15 days.

That Fort Smith city ordinance also says any shelter that puts down an animal must "document the holding period and basis for euthanasia," but Toby's owners say he was never entered into the system at all.

An office manager at FSAH reportedly told Sanchez they didn't recognize Toby due to him not being put into their "system." FSAH also reportedly could not provide pictures of Toby, or a death record.

Skinner said a vicious dog with no hope of rehabilitation "wouldn't have let me, a complete stranger, get that close with him ... It wasn't like I had spent days trying to gain his trust or anything. To me, it doesn't add up."

This comes less than a year after a drafted city audit into FSAH reportedly found over $100,000 in money that was unaccounted for, as well as multiple violations involving the treatment of animals.

In the official audit, released in June 2023, an exact amount of misappropriated funds wasn't given, but FSAH was accused of incorrectly billing the city, going against proper euthanasia procedures multiple times, and allowing a heartworm-positive animal to be in the shelter for eight months before receiving treatment.

FSAH euthanized animals "outside of required Arkansas laws/protocols," according to the 2023 audit.

The audit's discoveries were given to FSAH "with the intent of providing improved documentation and a more efficient documentation process," according to FSAH management.

The Fort Smith Animal Haven shared the following statement:

On February 9th, 2024 Fort Smith Animal Services received a call about an aggressive canine Husky. Upon finding the animal, the animal warden determined it was aggressive per city ordinance 4.7(a)(1)(c). Since no form of identification was found on the animal it was scanned for a microchip identification tag, and it was determined no chip existed. 

The animal was brought to Fort Smith Animal Haven where it continued showing aggression to both the animal warden and staff employees. Since no form of identification or owner was found for this animal, the determination was made to euthanize per city ordinance 4.36(d). The possession of this animal was not transferred to Fort Smith Animal Haven. Since possession was not transferred, a shelter record was never generated. The ownership and all records stayed with Fort Smith Animal Control.

We at Fort Smith Animal Haven understand and sympathize with the effected family of this animal. As animal lovers, we continue to find ways to help our community with responsible pet ownership. We continue to provide microchip installation clinics to make sure every animal is compliant with city ordinance 4.107. The city of Fort Smith recognized the importance of promoting responsible pet ownership. They recently approved resolution R-8-24 which provides a Voucher Assistance Process for the sterilization, vaccination, and identification of animals within the city limits. We urge our citizens to take advantage of this process to fight against the ongoing struggles of the animal population, health, and identification issues that continue to plague this area.

-Fort Smith Animal Haven

Editor's note: 5NEWS has reached out to FSAH to get further clarification about their statement, and will update this article as more information is made available.

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