By Sheriff Gary Toelke
On March 2, I received a phone call at my Office from Ms. Margie Berger.   Ms. Berger stated that she was concerned about the way Mrs. Mussemyre was treated by Deputies on the scene during the execution of the search warrant.  Ms. Berger stated that she was told that Mrs. Mussemyre was made to stand out in the cold for hours and could not use the bathroom.  She also stated that she (Mrs. Mussemyre) was not allowed to enter her residence to tend to a fire used to heat the residence.  I informed Ms. Berger that I would check in to the matter and requested that she have any witnesses that were there contact me.

The Sheriff’s Office did assist the Missouri Humane Society in executing a search warrant at the Mussemyre residence.  The Humane Society cannot obtain search warrants and must use the local law enforcement agency to apply for the warrant.  They supply the information for the affidavit to us based on their probable cause and we apply for the warrant.  We secured the area and the Humane Society examined and seized the animals.

I contacted the deputies involved in the search.  They advised that Mrs. Mussemyre was upset and concerned about the seizing of her animals; however, she was polite to the deputies on the scene.  They stated that they asked Mrs. Mussemyre if she wanted to sit in the patrol car to keep warm but she refused.  The deputies also stated that the subject with Mrs. Mussemyre known as Kevin, was asked if there was some place where she could be taken inside to get warm.  According to the deputies, he responded that she did not want to go anywhere else and that he could not talk her out of it.  Kevin eventually had to leave and was not at the location the entire time.

The deputies stated that when they first arrived at the scene, Mrs. Mussemyre requested to use the restroom and was granted the request.  When she came out of the restroom, she requested to call the subject known as Kevin and asked if he would be allowed to stay with her.  She was granted the request.  Approximately one hour later, she again asked to go to the bathroom and was allowed after verifying it was okay for her to enter the residence.   She was allowed to enter the residence from time to time; on one occasion to feed small goats that were in the house.  It is believed that this occurred after Kevin had left the residence.  Another deputy also assisted her in trying to maintain her fire but the fire did go out during the search.

I spoke with Mrs. Mussemyre that afternoon.  Mrs. Mussemyre stated that “all the cops were nice” with the exception of the one that took her to the bathroom.  She stated that he stayed with her most of the time.  She stated that he followed her to the bathroom and she thought he was going in with her until she told him to leave.  This concerned her because she felt he was going in with her.  I asked her if the deputies allowed her to go to the bathroom at other times.  She said that they did.  When asked, the deputy stated that he did follow her to the bathroom but didn’t know where it was.  He said that when he realized where he was, and that he was right there, he turned around and left.

I also asked Mrs. Mussemyre if the deputies offered to allow her to sit in a patrol car where it was warm.  She stated that they did, but she could not sit for extended periods of time.  She again repeated that all the deputies were nice except for her concern about the one that followed her to the bathroom.  She also stated at one time they did allow her to go in to the residence and warm her feet and stoke the fire.  Mrs. Mussemyre stated that Kevin was with her until around 4:00 PM., when he had to leave.

Also that afternoon Kevin contacted my Office and spoke with Capt. Don Jones.  Kevin stated that he did not approve of the way deputies treated Mrs. Mussemyre.  Kevin stated that he was upset because she had to stand outside and that at one time deputies were overheard making derogatory comments about the condition of the residence.  He did not think the comments were professional.

The deputies involved stated that Mrs. Mussemyre was polite with them and conversed with them during the search.  They stated that there were comments made about the living conditions that could have been overheard.

During the search, one of the deputies contacted the Health Department and Missouri Division of Aging.  It is my understanding, not confirmed, that one or both of these agencies are now attempting to help Mrs. Mussemyre with her situation along with friends of Ms. Berger.

Unfortunately, there are certain procedures that law enforcement use during a search that are not always accommodating to the subject of the search.  They deal with protection of evidence, safety, scene contamination, etc.  Searches are scrutinized very closely by the courts and certain procedures must be followed.  Each situation is different.

Cases involving animals are always difficult.  There are those who want something done and are concerned for the condition of the animals, and those who feel that the animal owners are just wanting to help.  In some cases, both sides have good arguments.  According to the deputies, Mrs. Mussemyre seems like a kind person.  Hopefully this situation will arrive at a solution that will accommodate both sides of the issue and the animals.