Estimated read time: 6-7 minutes
STOCKTON — A family is speaking out about an encounter at a petting zoo in Stockton that led to the Utah Division of Wildlife Resources seizing all of the zoo's exotic animals.
An attorney for the zoo is now responding to the situation, saying one of the foxes was needlessly euthanized because of that encounter, the seizure came as a surprise, and they're disappointed in DWR.
On Saturday, May 6, Amber Cherrington explained how she took her family on a fun trip for her son's 18th birthday to Otters and Others Zoo and Conservation. She said she paid $350 for five people for the experience.
"I booked the private tour and kangaroo feeding," she said.
They got to see the zoo's animals, which included domestic animals like pigs, a calf and a rabbit, as well as the exotic red kangaroo, two-toed sloth, capybaras and two red foxes.
Cherrington's 14-year-old daughter, Eun Jin Cherrington, also came along on the private tour.
It would soon turn into what she described as a "terrible adventure."
Eun Jin Cherrington and her brother walked into the fox enclosure, and Eun Jin described how they were to feed the foxes some food.
The teen said one of the red foxes ran up to her and bit her finger.
"When the fox did come in and did bite my finger, you could probably see a slight mark right here," she said, touching the edge of her middle finger. "It did surprise me a lot. It shocked me."
At first, she and Amber Cherrington said they didn't really do anything and weren't sure how to react.
"(The owner) didn't even talk to me, saying 'Are you OK? How bad is the bite? Are you bleeding?' She just said, 'They can be a bit aggressive,'" Eun Jin Cherrington recounted.
The bite was only the size of a paper cut and Eun Jin Cherrington said it was bleeding a little, but not much.
Amber Cherrington was concerned, and explained how after reprocessing what happened later, she wondered if the bite could potentially make Eun Jin Cherrington sick in some way.
Amber Cherrington also expressed concern about the condition of the facilities they toured and the health of some of the animals, so she called the owner on Monday.
"'Hey, I'd like the vaccination records. I'm really concerned about your animals. I'm concerned about my daughter. I'm concerned about the situation,'" Amber Cherrington said, recounting her conversation. "And she said the only way I would be able to get the records would be through her attorney. So, I asked her who her attorney was, and she hung up on me. So then I texted her ... twice after that."
Amber Cherrington showed KSL-TV two unanswered text messages sent to the cellphone number for the business. With no response, she reached out to the Utah Division of Wildlife Resources.
Faith Heaton Jolley, DWR spokeswoman, explained how the division already knew about Otters and Others and had been investigating the facility since last November after receiving "several reports" of complaints from concerned citizens.
The day before the Cherrington family visit, on May 5, Jolley said DWR officers delivered a letter to the business denying certificates of registration for the exotic animals to the owner.
She said the owner applied for those certificates of registration to legally keep the animals, after already physically owning them.
"The decision was made to deny the request for the certificates of registration due to just some public safety concerns of allowing the public to have access to the specific species that were in possession there, and also just concerns for the animal's welfare due to not having these appropriate accommodations and due to the health of the animals," Jolley said.
At that time, Jolley said the owner of Otters and Others Zoo and Conservation was informed that the animals could be left in their care until they could be relocated to accredited facilities that had proper registrations and accommodations.
The animals listed in the denial, Jolley indicated, included the red kangaroo, two capybaras, a two-toed sloth and two red foxes.
She said the owner tried to get a registration for two Asian small-claw otters as well which the facility had not yet received, which was also denied.
After Amber Cherrington's complaint, DWR paid another visit last weekend.
"Our officers basically responded again to the facility last Friday, on May 12, and with a search warrant and seized those animals at the facility," Jolley said. "And those animals were safely relocated to some approved facilities that were properly accredited and had the right accommodations."
However, the fox that bit Eun Jin Cherrington was not able to be relocated.
"Unfortunately, the red fox that had bitten the person actually had to be euthanized, so that it could be tested for rabies," Jolley said. She further explained that the fox, according to their investigation, was illegally obtained.
"During the investigation, our officers discovered that fox had been taken from the wild in a different state before being transported to Utah, which is also illegal," she said.
Jolley said the law enforcement component of DWR could potentially recommend charges of unlawful importation of wildlife, which are class B misdemeanor charges.
The charges have not been filed, and Jolley said the investigation is ongoing.
Amber Cherrington and her daughter were horrified to hear of the fox's euthanasia after what was supposed to be a fun birthday memory.
"That is disturbing," she said, "because that could have been avoided."
The attorney for Otters and Others Zoo and Conservation released this statement in full in response to the DWR seizure and report of the fox bite, along with a copy of the fox's vaccination records and the denial letter from DWR:
"Gregory Ferbrache, Ferbrache Law has been retained on behalf of Kristin Rasmussen, Otters and Others Zoo Conservation. On Kristin's behalf, Ferbrache Law are very disappointed that the Division Of Wildlife are making statements to the public regarding this matter and without all the facts and this statement is in response. First and foremost, this evening Kristin learned that the Division of Wildlife Resources intentionally put to death Todd the Red Fox, whom she nurtured and cared for after being orphaned in California. Kristin is incredibly saddened by this news.
"The Division of Wildlife claims putting Todd the Red Fox to death was imperative to ensure Todd the Red Fox did not have rabies. Disturbingly, the fact is that Todd the Red Fox was vaccinated for rabies on June 5, 2022, and the putting to death of Todd the Red Fox by the Division of Wildlife was needless and unwarranted.
"Moreover, on May 4, 2023, the Division of Wildlife Resources notified Kristin that 'animals currently in possession will be seized in place while DWR works with you on a timeframe agreed upon to relocate the animals to appropriate locations, either by having you sell them or moving them to zoos or sanctuaries.' Put another way, the Division of Wildlife Resources determined Todd the Red Fox to be well cared for and that Kristin could continue to care for Todd the Red Fox until further placement could be found. It was for this reason that Kristin was surprised that the Division of Wildlife Resources then came to her business on May 12, 2023, with a search warrant to seize Todd the Red Fox.
"Ferbrache Law is withholding further comment at this time and asks the public to withhold making judgment until all the facts are presented in a fair and impartial manner."
