Posted on 09/14/2010 11:46:17 AM PDT by Behind Liberal Lines
A commercial kennel owner in New York destroyed 93 dogs using a hose connected to a farm engine and pumping carbon monoxide into a makeshift "gas chamber."
David Yoder, owner of Black Diamond Acres kennel in Romulus, told a U.S. Department of Agriculture inspector during a July 15 inspection that he killed the dogs to "depopulate" the kennel.
Yoder said he created an airtight chamber out of a wood whelping box (where nursing puppies are typically housed with their mothers) by fitting the opening with a metal door with a small hole for an exhaust pipe which was attached to a 3 horsepower farm engine.
Then he gassed "approximately" 78 adult dogs and 15 puppies in groups of five or six. Yoder said he left the barn during the gassing because he had a headache from the fumes. He also said he used a stethoscope to make sure the dogs had stopped breathing before burying them, according to the inspection report.
It is against federal law for a licensed kennel owner to perform their own euthanasia. The inspector, Andrea D'Ambrosio, also noted that dogs not immediately gassed likely suffered from inhaling the excess fumes.
"The manner of mass euthanasia caused potentially high levels of behavioral stress and unnecessary discomfort to all the dogs in the kennel," the report said.
Mary Anne Kowalski, a board member of the Seneca County SPCA, said she was not aware of anyone from the USDA reporting what she believes is a clear case of animal cruelty to local authorities.
The dogs were killed sometime after a June 29 inspection where Yoder had been ordered to get his dogs tested and treated for Brucellosis (after earlier tests indicated some of his dogs had the contagious disease) and before the inspector returned on July 15.
The case bears an eerie resemblance to the 2008 mass shooting at a Berks County, Pa., kennel after the owner was told to treat his dogs for flea infestation. That incident helped propel the passage of the new state dog law and the immediate prohibition of euthanasia by any means other than by a licensed veterinarian.
Romulus, located 60 miles southeast of Rochester in Seneca County, may have been the first municipality in the nation to ban puppy mills when it passed an ordinance last year outlawing commercial kennels.
Seneca County has a sizeable Amish population, and many are involved in dog breeding, Kowalski said. Yoder, who is Amish, bred poodles, Bichons, Maltese and Boston Terriers. He was allowed to continue operating his kennel in Romulus despite the ban because it was grandfathered under the new ordinance.
Kowalski, who discovered the report of the gassing on the USDA website while updating her files today, said she was stunned at what she read. "I just lost it," she said.
Kowalski said she reported the incident to the sheriff and district attorney in the hope that cruelty charges will be brought against Yoder.
"I hope these dogs did not die in vain," she said.
Excellant point.
Crooks are clever in making their crimes appear to be regarded as honest mistakes, acts of God or nature, or unattractive to prosecutors.
It appears you have a lot of supposition against this man based in his profession alone. You accuse him of thing I don’t see.
You claimed the dogs were afflicted with this contagious disease by his neglect. Is that neglect not putting down a fewer amount of dogs sooner?
What neither of you and many other posters here seem to give much significance to is that there are REASONS we now have stiff animal Cruelty laws.
While the animal rights people have been very involved in stopping animal abuse...the MAJOR reason we have strict laws is that research now PROVES there is a strong correlation between animal abuse and abusing children, or adults! Police agencies, family advocates and therapists, etc have lobbied for strict laws....
WHY? To use the legal system to find out who is abusive to people and moreover to use legal pressure to get these people help if that is possible to alter their behaviors.
Its not about animals for food. Its not about “the reality of killing animals that are diseased”.
And its not even about ‘bleeding heart, whiny liberal city slickers” who are worried about “fluffy” or “bow-wow”.
Its about a much larger issue. And yes this man should be investigated, and yes he should serve some time , and yes, psychological counseling should be mandated as part of the sentence. For the animals, yes. But more so for the humans he comes into contact with.
In short, can you say Ted Bundy? Jeffrey Dahmer?
This is why I will never buy anything made by the Amish. They are complete hypocrites, purporting to be “religious” while horribly mistreating their animals. This sicko dumb@ss should himself be tossed into his own gas chamber. He’s probably already left a dozen of his spawn behind by now anyway to continue his gene line of mental deficients.
While I am sure the laws were indeed written for an element of that truth, this fellow, in this case, seems to be an Amish and their values of animal property do not conform to 20th century “rights” concepts.
I am also, equally sure he knew the law and broke it intentionally. And should thus be tried as a criminal defendant.
I am convinced he is not a “psycho killer” risk. Just a 18th century throwback.
Look, I’m just a redneck engineer and rancher, not a lawyer. But looking at this:
1. He killed the puppies in a manner that did not meet regulatory standards, but in a manner that did not break the law. (There is a law in PA, but this happened in NY.) Apparently, the only recourse is a regulatory -— civil penalties.)
2. There is a material differnece between what this guy did and what Jeffrety Dailmer did -— Dailmer intentionally inflicted pain. This guy did what he did for business reasons — they had to die, and this was the most cost-effective, least painful, method about which he knew.
Indeed, it was probably reasonably painless as these things go.
Look, I am not a fan of the guy, and would happily beat his ass with my very large fists upon the slightest provocation, as I am overly prone to do, but he is no serial killer in the making.
The reason I’d be mad at him, however, is not the killing of the puppies. Having read the underlying report, he did a fair job and better than most vets, IMHO. I’d be mad at him for having such a crappy operation that he allowed them to get sick in the first place.
(In fact, I’d probably provoke him into a fight, which I’ve done to anti-semites on a number of occassions, despite having not Jewish blood in my body, but that’s an entirely different thread.)
“I am also, equally sure he knew the law and broke it intentionally. And should thus be tried as a criminal defendant.”
There is no law. Just regulation. Civil penalty only.
The law is in PA. This happened in NY.
Animal rescue workers can tell you that the Amish are among the worst of the worst whenever there is a puppy mill bust.
Thanks for that insight. Then it is what it is.
More humane than drowning them but still pretty disguisting.
We have Amish in Iowa too. And you are right. They are not the “innocent religious” types in the movies. They are pretty barbaric in other ways as well.
I am retired from cocker spaniel rescue. We always dreaded busts in PA, NY or OH. It usually meant Amish puppy mills and the animals were in really bad shape.
Anyone who doubts me just Google Amish puppy mills.
Thank you for your reasoned, articulate and patient reply.
You make excellant valid points....and, if you decide to go into law ( engineering law...ha.) you would be very good as you presented your case very well.
I know I went into hyperbole with Jeffrey Dhamer...but it was an “example” that most people are familiar with and the type of individual that has sparked animal abuse research and ultimately anti- animal abuse laws.
My point was to educate people that there are good reasons to “investigate” all possible animal abuse cases and to use the law if there is abuse. Often these discussions vacillate between “ what’s the big deal? its just an animal, not a person” and “Ewww, somebody actually killed an animal.” The connection to abuse in a broader sense doesn’t get mentioned.
It is important as you point out well, to keep our perspective on how behavior, legal or criminal, should be monitored and dealt with and the emotional feelings about animals, especially companion animals.
“One year in Prison per violation. That is 93 years. Not concurrently, but consecutively.”
I’d call that a fitting punishment. We don’t need people like him in our society.
“While I am sure the laws were indeed written for an element of that truth, this fellow, in this case, seems to be an Amish and their values of animal property do not conform to 20th century “rights” concepts.”
The laws we have today reflect the 2010 concept of animal abuse and the Amish may have values not of this century. However, they are American citizens living in 2010, and legally they WILL be subject to today’s laws, regardless of their “rights concepts”. Hopefully we have also moved beyond the “rule of thumb” in the discipline of one’s wife...thus, your observation that the Amish don’t think of animals the way we do today is not relevant.
“I am convinced he is not a “psycho killer” risk. Just a 18th century throwback”:
While yours may be a “witty’ comment....the reference to Jeffrey Dahmer was to elucidate the most extreme type of case that brought about the animal abuse and human abuse research and consequent laws. I never intimated that this Amish guy was a Jeffrey Dahmer.
Ask any Family Lawyer about how we have become more sophisticated about child, women and family abuse and why we investigate any questionable behaviors with animals by people.
And with your comments, you have proven my point that most people just dismiss these incidents as “just a typical farmer “, “just an out of date Amish dude”; “ just some guy doing something against a regulation or vet law”.....
And maybe he IS just any of those.
I rather investigate situations, than assume “he’s just an 18th century throwback.”
§ 353. Overdriving, torturing and injuring animals; failure to provide proper sustenance
A person who overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills any animal, whether wild or tame, and whether belonging to himself or to another, or deprives any animal of necessary sustenance, food or drink, or neglects or refuses to furnish it such sustenance or drink, or causes, procures or permits any animal to be overdriven, overloaded, tortured, cruelly beaten, or unjustifiably injured, maimed, mutilated or killed, or to be deprived of necessary food or drink, or who wilfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal, or any act tending to produce such cruelty, is guilty of a class A misdemeanor and for purposes of paragraph (b) of subdivision one of section 160.10 of the criminal procedure law, shall be treated as a misdemeanor defined in the penal law.
The statute has been used in the past to successfully prosecute individuals who fail to provide proper medical care to a sick animal, which seems to fit the fact pattern here.
No one disputes there is an animal cruelty law.
This, however, was not “animal cruelty” as defined in that statute: “overdrives, overloads, tortures or cruelly beats or unjustifiably injures, maims, mutilates or kills.”
The closest would be “unjustifiably .. . . kill,” but this was a justified kill due to their disease.
The PA statute and federal regulation prohibits a dog breeder from euthanizes animals himself — requiring the breeder to hire a veternarian to do the deed for him.
That case involved failure to provide medical care for a single dog and didn't involve setting up a homemade "doggie Auschwitz."
Therefore, I think a good case can be made that Yoder can be prosecuted under existing New York law.
That being said, if your point is that NYS should follow the lead of PA and toughen up its laws to insure closing the loopholes, I agree.
I believe I made it clear from MY first post, saying he should get 1 year PER DOG in jail, that I support the fullest extent of the law, civil action, or whatever body has the enforcement authority.
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