Animal Cruelty Animal Cruelty InvestigationInvestigation

Why bother investigating Why bother investigating animal cruelty?animal cruelty?

1.Includes both felony and misdemeanor 1.Includes both felony and misdemeanor crimes.crimes.

2.Concern for the animal(s)2.Concern for the animal(s)3.Could lead to discovery of OTHER criminal 3.Could lead to discovery of OTHER criminal

activityactivity4.Section 371 States: “4.Section 371 States: “A A ConstableConstable oror Police Police

Officer MUSTOfficer MUST , and any agent or officer of , and any agent or officer of any duly incorporated SPCA any duly incorporated SPCA MAYMAY issue an issue an appearance ticket, appearance ticket, summon or summon or arrestarrest …..…..any person offending any person offending against any of the provisions of against any of the provisions of art icle 26art icle 26

Definit ionsDefinit ions

Article 26 – Section 350 of the New Article 26 – Section 350 of the New York State Agriculture & Markets Law York State Agriculture & Markets Law states:states:

An Animal is every living creature An Animal is every living creature except a human beingexcept a human being

Definit ions - Section 350–Definit ions - Section 350–2 “Torture or cruelty 2 “Torture or cruelty includes:includes: EveryEvery ACTACT – Unjustifiable killing, – Unjustifiable killing,

beating, burning, hanging, shooting, beating, burning, hanging, shooting, etc.etc.

Every OmissionEvery Omission Every Neglect Every Neglect Whereby unjustif iable physical Whereby unjustif iable physical

pain, suffering or death is pain, suffering or death is caused or permitted. caused or permitted.

A companion animal:A companion animal:

Any dog or cat.Any dog or cat. Any other domesticated animal Any other domesticated animal

normally maintained in or near the normally maintained in or near the household of the owner or person who household of the owner or person who cares for such other domesticated cares for such other domesticated animal.animal.

A farm animal:A farm animal:

Any ungulate (hoofed animal), poultry, Any ungulate (hoofed animal), poultry, cattle, sheep swine, goats, llamas, cattle, sheep swine, goats, llamas, horses or fur-bearing animals, as horses or fur-bearing animals, as described in section 11-1907 of the described in section 11-1907 of the DEC Law.DEC Law.

Which are raised for commercial or Which are raised for commercial or subsistence purposes. subsistence purposes.

Section 353 – Class A Section 353 – Class A MisdemeanorMisdemeanor

1.1. Overloads, overdrives, cruelly beats, Overloads, overdrives, cruelly beats, unjustifiably injures or kills any animalunjustifiably injures or kills any animal

2.2. Fails to provide proper sustenance – Fails to provide proper sustenance – food or drink.food or drink.

3.3. ANY CRUELTY (refer to definit ion ANY CRUELTY (refer to definit ion 350-2) ANY ACT, OMISSION OR 350-2) ANY ACT, OMISSION OR NEGLECT causing unjustif iable NEGLECT causing unjustif iable suffering or death.suffering or death.

Is whipping, drugging and galloping 2 Is whipping, drugging and galloping 2 year old racehorses cruelty? year old racehorses cruelty?

““A two year old horse is the equivalent to a six year old human. Neither A two year old horse is the equivalent to a six year old human. Neither species is mentally or physically mature at this age. They are subject to species is mentally or physically mature at this age. They are subject to permanent mental and physical trauma that, in too many cases, is permanent mental and physical trauma that, in too many cases, is catastrophic and even fatal.”catastrophic and even fatal.” Dr. Kraig Kulikowski DVM Dr. Kraig Kulikowski DVM

““A two-year-old horse is neither physically nor mentally ready for the demands A two-year-old horse is neither physically nor mentally ready for the demands that racing places on them.“that racing places on them.“

Dr. Beverly Blynn Knapp - DVMDr. Beverly Blynn Knapp - DVM

““Training of a Thoroughbred race horse is too rigorous for their physical and Training of a Thoroughbred race horse is too rigorous for their physical and mental status at such young ages. Their bony growth plates are still open and mental status at such young ages. Their bony growth plates are still open and are prone to injury from overzealous sustained pounding on firm track are prone to injury from overzealous sustained pounding on firm track surfaces.”surfaces.”

Dr. Holly Cheever - DVMDr. Holly Cheever - DVM

Are horse pulls overloading? Are horse pulls overloading? Can they be justif ied? Can they be justif ied?

Failure to provide proper Failure to provide proper sustenancesustenance

Two months later – 22 year old Two months later – 22 year old horsehorse

Mikey – starved horseMikey – starved horse

Mikey – 2 months laterMikey – 2 months later

Any omission or neglectAny omission or neglect

Overgrown hooves on horses – Overgrown hooves on horses – resulting in sufferingresulting in suffering

Lack of vet care resulting in Lack of vet care resulting in suffering (a disease or injury not suffering (a disease or injury not treated)treated)

Situations that lead to Situations that lead to omission or neglect:omission or neglect:

IgnoranceIgnorance

Over breedingOver breeding

Animal HoardersAnimal Hoarders

Why are there too many horses? Why are there too many horses? Irresponsible Breeders and Irresponsible Breeders and HoardersHoarders

Jerry Heron – Hoosick, NY Thoroughbred breeder, arrested twice for cruelty Jerry Heron – Hoosick, NY Thoroughbred breeder, arrested twice for cruelty and neglect to horses.and neglect to horses.

Ann Arnold – Saratoga – Quarter Horse Breeder – arrested twice for cruelty Ann Arnold – Saratoga – Quarter Horse Breeder – arrested twice for cruelty and neglect to quarter horses.and neglect to quarter horses.

Ernie Paragallo - Catskill, arrested - had over 90 thoroughbreds in Greenville Ernie Paragallo - Catskill, arrested - had over 90 thoroughbreds in Greenville – starving to death– starving to death

Marie Gaida – Latham - Thoroughbred Breeder – arrested twice for starving Marie Gaida – Latham - Thoroughbred Breeder – arrested twice for starving horses.horses.

Dawn Sitor – Schoharie – Palamino/Quarter Horse breeder. Arrested in 2007 Dawn Sitor – Schoharie – Palamino/Quarter Horse breeder. Arrested in 2007 for starving horses. In 2009, her boyfriend called upon rescue groups to for starving horses. In 2009, her boyfriend called upon rescue groups to remove horses from her property.remove horses from her property.

Shelly Wing – Breeder, Essex County, 10/18/13, found to have 41 horses on Shelly Wing – Breeder, Essex County, 10/18/13, found to have 41 horses on her property living in filthy unsanitary conditions, without proper food, water or her property living in filthy unsanitary conditions, without proper food, water or shelter – arrested. shelter – arrested.

  

Aggravated Cruelty – Aggravated Cruelty – Section 353aSection 353a ““Buster’s Law”Buster’s Law”

– FelonyFelony– Intentionally kills or intentionally causes Intentionally kills or intentionally causes

serious physical injury to a companion animal serious physical injury to a companion animal (ref to 350 definition)(ref to 350 definition)

– AND intended to cause extreme physical pain AND intended to cause extreme physical pain – OR is done or carried out in an especially OR is done or carried out in an especially

depraved or sadistic manner.depraved or sadistic manner.

Skye – A pet who was stabbed to death. Therefore the Skye – A pet who was stabbed to death. Therefore the defendant was charged with 353a – the felonydefendant was charged with 353a – the felony

Transportation of Horses Transportation of Horses – 359a– 359a The interior of compartments containing more than The interior of compartments containing more than

6 horses shall have no protrusions which are 6 horses shall have no protrusions which are hazardous.hazardous.

The floors shall be constructed to prevent skidding.The floors shall be constructed to prevent skidding. There shall be doors on both sides for ingress and There shall be doors on both sides for ingress and

egress. egress. The compartment shall be of a height to allow for The compartment shall be of a height to allow for

sufficient clearance above the poll and withers of sufficient clearance above the poll and withers of each horse. each horse.

T he fire was caused by a leak in a passenger-side, 130-gallon fuel tank, which leaked for T he fire was caused by a leak in a passenger-side, 130-gallon fuel tank, which leaked for half a mile on the highway before igniting. The diesel fuel sprayed the tires of half a mile on the highway before igniting. The diesel fuel sprayed the tires of the horse trailer, causing that to catch fire as 31 horses were being trucked to Canada for the horse trailer, causing that to catch fire as 31 horses were being trucked to Canada for slaughter 5/6/2013slaughter 5/6/2013

Also refer to section 361Also refer to section 361

A person who willfully or unjustifiably interferes with, A person who willfully or unjustifiably interferes with, injures, destroys or tampers with any horse, mule, injures, destroys or tampers with any horse, mule, dog or any other domestic animal used for racing, dog or any other domestic animal used for racing, breeding or exhibition of skill is guilty of a felony. breeding or exhibition of skill is guilty of a felony.

In 2014, over 125 horses were killed on NYS In 2014, over 125 horses were killed on NYS Racetracks alone. Many of these deaths are due to Racetracks alone. Many of these deaths are due to drugging to mask pain. drugging to mask pain.

Drugged and endangered: Horse racing fatalit ies and injuries on the Drugged and endangered: Horse racing fatalit ies and injuries on the riseriseNew York Times investigation - 3/26/12 revealed that horses are New York Times investigation - 3/26/12 revealed that horses are injected with cocaine, cobra venom, Viagra and other performance injected with cocaine, cobra venom, Viagra and other performance enhancers.enhancers.

According to the Times, 24 horses die every week on average According to the Times, 24 horses die every week on average at American racetracks. "These deaths often go unexamined, at American racetracks. "These deaths often go unexamined, the bodies shipped to rendering plants and landfills rather the bodies shipped to rendering plants and landfills rather than to pathologists who might have discovered why the than to pathologists who might have discovered why the horses broke down," the Times reports. "A computer analysis horses broke down," the Times reports. "A computer analysis of data from more than 150,000 races, along with injury of data from more than 150,000 races, along with injury reports, drug test results and interviews, shows an industry reports, drug test results and interviews, shows an industry still mired in a culture of drugs and lax regulation and a fatal still mired in a culture of drugs and lax regulation and a fatal breakdown rate that remains breakdown rate that remains far worse than in most of far worse than in most of the world.“the world.“

On January 27th of 2014 , Dr. Orlando Paralit icci, a private vet On January 27th of 2014 , Dr. Orlando Paralit icci, a private vet working for trainer Jane Cibell i , was caught injecting a nerve block, working for trainer Jane Cibell i , was caught injecting a nerve block, cal led “P Bloc,” into the Cibell i-trained horse Raven Train. Cibell i cal led “P Bloc,” into the Cibell i-trained horse Raven Train. Cibell i received a 2 month suspension. It has been documented that over received a 2 month suspension. It has been documented that over 118 different drugs have been found in race horses. 118 different drugs have been found in race horses.

Steve Asmussen (left) runs the largest horse racing operation in the US. He also Steve Asmussen (left) runs the largest horse racing operation in the US. He also has one of the most recorded drug and rules violations of any major US trainer. has one of the most recorded drug and rules violations of any major US trainer. His Chief assistant trainer, Scot Blasi (right) was recently recorded joking about His Chief assistant trainer, Scot Blasi (right) was recently recorded joking about electric shocking horses and expressed little patience for lame horses saying electric shocking horses and expressed little patience for lame horses saying “these mother f---ers, there’s always something wrong with ‘em.” They were “these mother f---ers, there’s always something wrong with ‘em.” They were caught by PETA injecting horses with Thyroxine. On January 15, 2015, the caught by PETA injecting horses with Thyroxine. On January 15, 2015, the Kentucky Horse Racing Commission (KHRC) said the allegations, made by Kentucky Horse Racing Commission (KHRC) said the allegations, made by People for Ethical Treatment of Animals (PETA), against trainer Steve Asmussen People for Ethical Treatment of Animals (PETA), against trainer Steve Asmussen and his assistant trainer Scott Blasi were unfoundedand his assistant trainer Scott Blasi were unfounded. . 

NehroNehro

In 2011, a magnificent horse named In 2011, a magnificent horse named NehroNehro came in second came in second in the Kentucky Derby, but what race enthusiasts never knew in the Kentucky Derby, but what race enthusiasts never knew was that was that Nehro was running on Nehro was running on chronically painful hooves with holes in them. One of the hooves was, held together with supergluechronically painful hooves with holes in them. One of the hooves was, held together with superglue..   

Two years after the Derby, Nehro developed colic, Two years after the Derby, Nehro developed colic, went mad from pain, and was euthanizedwent mad from pain, and was euthanized

Nehro’s trainer was Scott Blasi. Nehro’s trainer was Scott Blasi.

20 Horses kil led at Aqueduct from 10/31 /14 to 1/22/1520 Horses kil led at Aqueduct from 10/31 /14 to 1/22/15

5-year-old Summer Sunset, Oct 31, race 2 (fractured leg)5-year-old Summer Sunset, Oct 31, race 2 (fractured leg)4-year-old Jesses Giant Dunk, Oct 31, race 3 (ruptured ligament)4-year-old Jesses Giant Dunk, Oct 31, race 3 (ruptured ligament)4-year-old Knockher Off, Nov 12, race 5 (neck trauma)4-year-old Knockher Off, Nov 12, race 5 (neck trauma)9-year-old Cherokee Artist, Nov 28, race 6 (fractured leg)9-year-old Cherokee Artist, Nov 28, race 6 (fractured leg)4-year-old Princes On Thelake, Dec 3, race 5 (fractured cannon)4-year-old Princes On Thelake, Dec 3, race 5 (fractured cannon)3-year-old Warrior’s Hero, Dec 4, race 3 (fractured carpus)3-year-old Warrior’s Hero, Dec 4, race 3 (fractured carpus)5-year-old Half Nelson, Dec 5, race 8 (fractured shoulder)5-year-old Half Nelson, Dec 5, race 8 (fractured shoulder)7-year-old Quick Money, Dec 5, race 8 (neck trauma)7-year-old Quick Money, Dec 5, race 8 (neck trauma)5-year-old Sage Valley, Dec 10, race 8 (apparent cardiac arrest)5-year-old Sage Valley, Dec 10, race 8 (apparent cardiac arrest)5-year-old Ludo Bagman, Dec 11, race 1 (fractured sesamoids)5-year-old Ludo Bagman, Dec 11, race 1 (fractured sesamoids)4-year-old Celebrate We Will, Dec 26, race 1 (fractured leg)4-year-old Celebrate We Will, Dec 26, race 1 (fractured leg)5-year-old Wicked Irish, Dec 27, race 2 (undisclosed leg trauma)5-year-old Wicked Irish, Dec 27, race 2 (undisclosed leg trauma)2-year-old Golden Bay, Jan 2, race 6 (fractured leg)2-year-old Golden Bay, Jan 2, race 6 (fractured leg)5-year-old Shewreckstheplace, Jan 4, race 5 (fractured sesamoids)5-year-old Shewreckstheplace, Jan 4, race 5 (fractured sesamoids)2-year-old Channel of Love, Jan 9, training (fractured leg)2-year-old Channel of Love, Jan 9, training (fractured leg)4-year-old Apex, Jan 9, race 2 (fractured leg or ankle)4-year-old Apex, Jan 9, race 2 (fractured leg or ankle)9-year-old Italian Rules, Jan 9, race 2 (torn suspensory)9-year-old Italian Rules, Jan 9, race 2 (torn suspensory)4-year-old You Take the Cake, Jan 15, race 2 (fractured neck)4-year-old You Take the Cake, Jan 15, race 2 (fractured neck)3-year-old Senso, Jan 18, training (fractured pelvis)3-year-old Senso, Jan 18, training (fractured pelvis)3-year-old Miss Macarena, Jan 22, race 1 (fractured leg)3-year-old Miss Macarena, Jan 22, race 1 (fractured leg)

The racing commission requires that the past 30 days of a The racing commission requires that the past 30 days of a horses corticosteroid history be passed from one trainer to horses corticosteroid history be passed from one trainer to another but Dr. Scott Palmer stated in a NY Times article dated another but Dr. Scott Palmer stated in a NY Times article dated 1/11/2015, 1/11/2015, “We did this on the honor system”. “We did this on the honor system”. The “honor system” remained in place even after 21 horses were The “honor system” remained in place even after 21 horses were killed at Aqueduct between November 30, 2011 and March 18 killed at Aqueduct between November 30, 2011 and March 18 2012; after twelve horses were killed at Aqueduct between 2012; after twelve horses were killed at Aqueduct between 11/14/2008 and 3/19/2009! 11/14/2008 and 3/19/2009!

Section 355 Section 355 Abandonment of AnimalsAbandonment of Animals Owner or possessor – abandons an animal Owner or possessor – abandons an animal

(from a dwelling or throws it out of a vehicle (from a dwelling or throws it out of a vehicle into the streetinto the street

Section 353 or 353a would also apply if the Section 353 or 353a would also apply if the animal has been left without food for several animal has been left without food for several days or found to be severely injured. days or found to be severely injured.

Section 357 – Sell ing Section 357 – Sell ing Diseased AnimalsDiseased Animals Sells, offers to sell, uses, exposes any Sells, offers to sell, uses, exposes any

animal having a disease dangerous to animal having a disease dangerous to the life or health of humans or the life or health of humans or animals.animals.

Breeders, Private Individuals, Pet Breeders, Private Individuals, Pet stores, Horse Auctions.stores, Horse Auctions.

Section 373 – Seizure of Animals Section 373 – Seizure of Animals In addition to the seizure of animals for exigent In addition to the seizure of animals for exigent

circumstances ----circumstances ----

Animals may be seized if for more than 12 Animals may be seized if for more than 12 successive hours have been kept in a successive hours have been kept in a crowded or unhealthy conditions, crowded or unhealthy conditions,

not properly cared for, ornot properly cared for, or without necessary sustenance, food or without necessary sustenance, food or

drink drink

Provided that a Search Warrant is issuedProvided that a Search Warrant is issued

Who may assist with the Who may assist with the seizure:seizure: Other police agenciesOther police agencies Other Humane organizations/SPCA’sOther Humane organizations/SPCA’s VeterinariansVeterinarians Private individuals – a task forcePrivate individuals – a task force The SPCA or Humane Society in the county The SPCA or Humane Society in the county

where the seizure occurred should be the where the seizure occurred should be the “Impounding Organization“Impounding Organization”. ”.

Seizure of AnimalsSeizure of Animals

The entire scene must be photographed The entire scene must be photographed Every animal is photographed – several Every animal is photographed – several

pictures might be necessary to show pictures might be necessary to show injuries.injuries.

Every animal is identified with a numberEvery animal is identified with a number A separate Information or complaint is A separate Information or complaint is

written for every animalwritten for every animal

Section 373-4Section 373-4

When any person arrested is, at the When any person arrested is, at the time of such arrest, in charge of any time of such arrest, in charge of any animal or vehicle drawn by or animal or vehicle drawn by or containing such animal, any police containing such animal, any police officer or agent of an SPCA may take officer or agent of an SPCA may take charge of such animal and vehicle and charge of such animal and vehicle and deposit same in a safe place.deposit same in a safe place.

Section 373-7 Retention Section 373-7 Retention of propertyof property If the animal (s) is unable to be removed If the animal (s) is unable to be removed

from the existing location:from the existing location: Obtain a Court Order to return to the Obtain a Court Order to return to the

property to ascertain if the animal (s) are property to ascertain if the animal (s) are receiving proper care receiving proper care

Another Search Warrant may be obtained if Another Search Warrant may be obtained if animals need to be removed at a later date.animals need to be removed at a later date.

Other Laws pertaining to Other Laws pertaining to cruelty:cruelty: Penal LawsPenal Laws

– Sexual Misconduct – Class A Sexual Misconduct – Class A MisdemeanorMisdemeanor

Engages in sexual conduct with an animalEngages in sexual conduct with an animal– Any offense related to propertyAny offense related to property

– Animals are considered property with a valueAnimals are considered property with a value– Criminal mischiefCriminal mischief– LarcenyLarceny

Is Horse Slaughter inhumane? Is Horse Slaughter inhumane?

On average, an amount equal to 70% of the annual thoroughbred “foal crop” is slaughtered each year according to a Wild for Life Foundation study.

““ I ’ve spoken to several ki l ler buyers who say that if a I ’ve spoken to several ki l ler buyers who say that if a horse is a kicker, they wil l knock an eye out of the horse is a kicker, they wil l knock an eye out of the animal and that way, the pain wil l give it something animal and that way, the pain wil l give it something else to think about” – John Holland, President, Equine else to think about” – John Holland, President, Equine Welfare All ianceWelfare All iance

““ In the slaughtering of horses, you cannot use a head In the slaughtering of horses, you cannot use a head restrainer. I t has been documented that the skulls of restrainer. I t has been documented that the skulls of slaughtered horses had numerous holes in them from the slaughtered horses had numerous holes in them from the use of the captive bolt and were conscious during the use of the captive bolt and were conscious during the butchering process” – Dr. Lester Friedlander, former NYRA butchering process” – Dr. Lester Friedlander, former NYRA and USDA Veterinarian. and USDA Veterinarian.

We hope you will ask your Legislators to support bill A4404/S1082 We hope you will ask your Legislators to support bill A4404/S1082 which will ban horse slaughter and the transportation of horses to which will ban horse slaughter and the transportation of horses to slaughter up the NYS Pipeline (I-87) to Canada. Also, bill# A8997 will slaughter up the NYS Pipeline (I-87) to Canada. Also, bill# A8997 will provide for funding for horse rescue organizations. provide for funding for horse rescue organizations.