Who gets to keep JorgieBoy? Viral monkey's fate could be decided in a North Texas court
IRVING — The future of JorgieBoy, a spider monkey whose story has gone viral in North Texas, is up in the air as his former owner and an animal shelter fight for custody of the primate.
Pets, even exotic ones like spider monkeys, are considered personal property in Texas.
Irving Police said they want The Funky Monkey Ranch to surrender the 3-year-old monkey to a Dallas influencer who said she bought him for $10,000.
Brandi Botello admitted she did not have the proper paperwork for the exotic animal when Dallas Police seized JorgieBoy on Nov. 8. It was an alcohol-related car crash where she faced a criminal charge.
Her driver's license said Irving. So, Dallas Animal Services sent the monkey to the city of Irving's animal department. They called the Funky Monkey Ranch because the Burleson facility is a rescue that specializes in primates.
"When I received the call asking if I had space and the ability to take in another spider monkey, and I gave them the yes, and they came here and gave me the paperwork and handed over Jorgie to me," Dwan Johns said. "From that moment, I took 100% responsibility for this monkey, just like I have any other monkey."
Johns runs the facility with her husband. According to Johns, Irving's animal control was investigating Botello for possible criminal charges of animal neglect or cruelty.
JorgieBoy's health issues
The Burleson business owner said she took the spider to the veterinarian because she suspected he had metabolic bone disease; chewing for the monkey was difficult, his tail wasn't curling like most spider monkeys, and he was too small for his age.
"I had blood work done and X-rays done because I knew something was seriously wrong," she said. "And I knew just from seeing it that it was metabolic bone disease, but of course, I wanted to get an expert's opinion on that."
The animal's bones, she said, were so brittle they couldn't let him live with other spider monkeys. Picking him up required extra care, so they didn't crack a bone. JorgieBoy extending his arm and climbing like a monkey his age could break his arm.
The enzymes in his liver and pancreas were also elevated. The doctor had the refuge take the monkey back to infancy in its feeding.
Johns was surprised and emotional at Irving's decision because she said the city surrendered it to her. She quickly hired Ramon Rodriguez to represent her USDA-licensed ranch.
Possible legal battle over JorgieBoy
"So, it's our position that they no longer have a right to the animal," Rodriguez said. "So, that's one issue that's a sort of a property issue. I think the other issue that needs to be kept in mind here and something to consider is the health and safety of the monkey."
Irving PD said they cannot prove a crime happened within their jurisdiction. Officers said they've asked Johns to surrender JorgieBoy to Botello.
Johns said police have yet to contact her. Animal services, she said, sent an email stating Botello has moved to Dallas. But Dallas Animal Services said primate permits are not granted for pet owners, only research facilities and similar uses.
In a statement to CBS News Texas, Botello said:
"I have retained the law firm Wyde & Associates, PLLC to obtain the return of my beloved JorgieBoy from the Funky Monkey Ranch in Burleson, Texas. I know an email was sent to the City of Irving Attorney's office requesting JorgieBoy's return, and it is consulting with the Irving Police Department. As JorgieBoy belongs to me and is my personal property, I am hopeful the City of Irving Police Department will return him to me without the need for any litigation."
Johns said her business is not set up that way.
"So that's not what I do here. Since I am a licensed USDA ranch, I am licensed to take in rescues and re-home. I don't adopt out," Johns said.
Rodriguez said if The Funky Monkey Ranch were lawfully structured, a compensation deal would need to be in place.
"And if I was to ever even think of giving him back to someone who had him unlawfully and was not properly caring for him, that would be a death sentence," Johns said. "And it's not something that I could consciously do."
The monkey went back to the veterinarian on Tuesday. Here's what she wrote: