Widower Devastated, Goes to Court After 'Theft' of Late Wife's Service Dog
The loss of a spouse is an incredibly difficult storm to weather. Add to that the loss of a beloved family pet, and the tragedy only increases.
But that is what Paul Marinsky of Overland Park, Kansas, is experiencing after a very odd series of events following his wife’s death.
About two years ago, 2-year-old sheepadoodle Tootsie joined the Marinsky family. She was a trained service dog that Brittani, Marinsky’s wife, got through Starfleet Service Dogs Inc.
As she was experiencing many health difficulties, Brittani Marinsky was looking forward to the help and companionship a service dog would provide. Tootsie fell into place nicely and soon bonded with the family.
On Aug, 30, Brittani Marinsky died after a battle with cancer. But before she passed, she charged her husband to keep Tootsie — and since he loved the dog and Tootsie was his last living link to his wife, he agreed.
“On Aug. 10, the day Brittani received the news that her cancer was terminal and made the decision to discontinue treatment, I called the CEO and founder of Starfleet,” Marinsky said, according to WIAT-TV.
“I asked her, ‘What do I need to do to keep Tootsie?’ She said Tootsie is meant to be a service dog. But there are options available, and we’ll have to talk about them.”
“Tootsie is a visual heart-warmer,” Marinsky explained. “She has such a personality.
“I absolutely love Tootsie. And it was my wife’s dying wish that I keep Tootsie. She told me to do what I can to make sure that happens.”
The couple had already put thousands of dollars into Tootsie’s care, training and wellness, but Marinsky was ready to spend more.
What followed was a series of messages where he offered to pay for Tootsie or make arrangements to make her his permanent pet, and Starfleet seemed amenable but was careful not to give any confirmation.
“I then offered to buy Tootsie,” Marinsky said. “And Starfleet’s CEO said that’s something we can talk about. She also said she would give me however much time I needed with Tootsie.”
“I’m discussing what deal we can make so I can keep Tootsie,” he continued. “I’m trying to ascertain what my options are. In mid-October, I specifically said, ‘What will be needed to keep Tootsie?’ I said I’m prepared to take over all of the costs and pay up to $5,000 or $6,000 to ensure she stays with me.”
According to Marinsky, the CEO, Jenny, told him, “I can’t promise anything on Tootsie. She’s meant to be a service dog, but I am willing to talk to you and am glad that she’s happy and with you.”
But then he got a surprising, definitive message: Someone would be coming on Dec. 5 to retrieve Tootsie.
Marinsky had just as definitive an answer.
“I told them COVID was in full force, and we’re pretty much locked down,” he said. “I also told them not to send some random person and think they’re going to take the dog. It doesn’t work that way.
“I never outwardly told Starfleet that I’m not giving the dog back. I was trying to find an arrangement to keep her. I obviously want and desire to keep Tootsie. Anyone would want a dog that has been with them for nearly two years. I have cared for her, and I love her.”
Tootsie had been experiencing some ear issues, so Marinsky took her to the vet. But his name wasn’t on the account — SSDI’s name was, and a representative showed up to take her after the vet’s office contacted them.
Marinsky was shocked.
“After about an hour, the veterinarian came out and said that someone was here from Starfleet to take Tootsie, and they handed her over to him,” he recalled.
“But I told the guy that I had an attorney and wanted to know where he was taking Tootsie. I was concerned for Tootsie. She was looking at me the whole time. I knelt down and told her that it’s going to be OK, ‘You’ll come home soon.’ The guy then walked out the door with her, and I haven’t seen her since.”
Marinsky’s attorney, Katie Barnett, said, “Paul and Brittani owned and cared for Tootsie for nearly two years, and even with Brittani’s passing, Paul is still the lawful owner of Tootsie. We are working tirelessly to expose the reckless actions by Starfleet and reunite Paul and his beloved dog.”
Starfleet is maintaining that neither Paul nor Brittani ever owned or adopted Tootsie and that she “is owned in perpetuity by Starfleet.” It also says Marinsky is guilty of theft and has violated the contract by taking improper care of the dog and “failing to return Tootsie to Starfleet after the handler’s death.”
Even if Starfleet is correct about legal ownership of the dog, many people are up in arms over this case, signing petitions and raising money for legal fees, and the price that SSDI will pay — regardless of where Tootsie ends up — will be steep.
Tootsie was reportedly taken to Iowa, and later to Maryland.
“During a court hearing on Tuesday, SSDI admitted it took Tootsie to Iowa and said the Sheepadoodle is now in Maryland. SSDI also argued that because Tootsie is no longer in the Hawkeye State, Iowa does not have jurisdiction in the case,” WDAF-TV reported.
But Marinsky isn’t letting her go without a fight.
“I’m in this for the long haul,” he said. “This is going to continue until I get her back.”
“It’s not the same not having Tootsie here. She is the last living memory I have of my wife.”
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