INDIANAPOLIS — UPDATE: On Dec. 18, the monkey's owner reported not having any contact with the primate since it was seized in October. The comments were made following a hearing for the ordinance violations Hoang Pham faces after Momo’s escape. Pham says he’s still prepared to sue to get the monkey returned.
The family of a monkey that escaped and launched an hourslong search is threatening to sue if the city does not return the primate. For nearly three weeks, the patas monkey named "Momo" has remained at the Indianapolis Zoo without receiving any visits from its owners.
13 Investigates received a copy of a cease-and-desist letter to the deputy director of Indianapolis Animal Care Services (IACS), stating the "agency unlawfully took possession of Momo by trick or subterfuge."
"They took Momo without a court order or warrant," Alex Nguyen said. "That's unacceptable to me. That's violating my rights as an American, and I'm just really upset, and I'll fight for him."
Nguyen is the brother of the monkey's owner, Hoang "Wayne" Pham. The brothers said the last few weeks without Momo have been hard.
"I don't sleep well at night already," Pham said. "And me knowing that he's not at home by my side, safe and sound, I don't get sleep at all."
The brothers said the monkey is a cherished pet, as well as an emotional support animal. Pham said he's an Army veteran, and the monkey helps him deal with some mental illness.
"On a day-to-day basis, you know, I could spiral out and stuff like that, but me coming home to see Momo and you know, kind of get a breather in, and he just sits there. And I can pet him … he gets, like my day that I thought that was horrible, is now gone, it's wiped clean."
On Oct. 4, the family tells 13 Investigates they took Momo to the backyard to give him a trim, reporting Momo was playing around and then jumped their six-foot fence for the first time.
It would take 12 hours before the monkey was returned home. The family reported the pet missing, and both Indianapolis Animal Care Services and police joined in the search.
There were sightings of the monkey and even videos of Momo in the neighborhood and on cars. There were even initial reports of minor injuries caused by the monkey.
On the morning of Oct. 5, Momo was reported captured after breaking into a vacant home. Nguyen said he was the one who captured the primate. IMPD released a photo of the brother holding Momo next to a smiling police officer.
Shortly after that photo was taken, Nguyen said he asked an IACS worker for help getting Momo back to his car. Nguyen said he handed his car keys to the city worker to bring the vehicle around.
"He pulled off then pulled back around," Nguyen said. "He said, 'Hey, man, I can't take your property.' I said, 'OK, that's fine.' So he said, 'You could just put him in my cage in the truck.' I say, 'OK, that's fine' because I'm thinking he's gonna drive me back to the house or my car. You know what I mean?"
Instead, the family says the worker impounded Momo. Later, the monkey was taken to the Indianapolis Zoo.
The next day, IACS sent Pham a letter, stating the monkey was deemed a "dangerous animal" that "would pose a threat to public safety if returned."
The city cited the latest escape, injuries and past escapes for why it decided not to return the monkey.
The brothers tell 13 Investigates Momo has escaped twice before this latest incident. Once in July, which IMPD reported. They also said Momo got loose in Noblesville while they were moving. In both instances, they said he was captured in a few hours or less.
During the latest escape, the city says the monkey chased or approached someone "in a menacing fashion ... which resulted in an injury."
13 Investigates asked, but the city will not say exactly how many people were injured or the extent of those injuries.
An IMPD report lists two victims, a man and a woman, but no details of their involvement with the monkey are included in the report.
The Health & Hospital Corporation of Marion County tells 13 Investigates two people reached out to report minor injuries from the primate. In an email, a spokesman wrote, "but we cannot disclose additional details about the injuries due to privacy concerns."
13 Investigates also got in contact with a woman who initially reported Momo bit a neighbor. In an email, Alana Sheets said she spoke to her neighbors again and learned the monkey only "touched/grabbed (or) scratched" a neighbor's leg.
"I honestly don't think he was aggressive, just confused," Sheets wrote.
The family said they do not believe Momo is dangerous, telling 13 Investigates he has not bit anyone in the past and, to their knowledge, did not bite anyone during the latest escape.
The family's attorneys argue any allegations of people being harmed should have been presented during a public hearing, which never happened.
They argue the city violated code, which would have required a hearing if Animal Care properly seized Momo.
Pham received three citations connected to the monkey's escape. He tells 13News he's OK accepting responsibility for Momo getting loose and is willing to take precautions so it doesn't happen again.
"There's a fine that needs to be paid, fees or whatever I need to do, I will do it," Pham said. "But at the end of the day, he's a family member."
The family and their attorneys hope sending the letter and later a notice of a potential tort claim will result in the monkey being returned home. However, if that does not happen, they are preparing to file a federal lawsuit, if necessary.