Prepared by New York State Trooper (ret.) Sue McDonough, Chair of the New York State Humane Association Animal Cruelty Committee

1. Animal CrueltyAnimal Cruelty
InvestigationInvestigation

2. Why bother investigatingWhy bother investigating
animal cruelty?animal cruelty?
1.Includes both felony and misdemeanor1.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 criminal3.Could lead to discovery of OTHER criminal
activityactivity
4.Section 371 States: “4.Section 371 States: “AA ConstableConstable oror PolicePolice
Officer MUSTOfficer MUST, and any agent or officer of, and any agent or officer of
any duly incorporated SPCAany duly incorporated SPCA MAYMAY issue anissue an
appearance ticket,appearance ticket, summon orsummon or
arrestarrest…..…..any person offendingany person offending
against any of the provisions ofagainst any of the provisions of
article 26article 26

3. DefinitionsDefinitions
Article 26 – Section 350 of the NewArticle 26 – Section 350 of the New
York State Agriculture & Markets LawYork State Agriculture & Markets Law
states:states:
An Animal is every living creatureAn Animal is every living creature
except a human beingexcept a human being

4. Definitions - Section 350–Definitions - Section 350–
2 “Torture or cruelty2 “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 NeglectEvery Neglect
 Whereby unjustifiable physicalWhereby unjustifiable physical
pain, suffering or death ispain, suffering or death is
caused or permitted.caused or permitted.

5. A companion animal:A companion animal:
 Any dog or cat.Any dog or cat.
 Any other domesticated animalAny other domesticated animal
normally maintained in or near thenormally maintained in or near the
household of the owner or person whohousehold of the owner or person who
cares for such other domesticatedcares for such other domesticated
animal.animal.

6. 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, ashorses or fur-bearing animals, as
described in section 11-1907 of thedescribed in section 11-1907 of the
DEC Law.DEC Law.
 Which are raised for commercial orWhich are raised for commercial or
subsistence purposes.subsistence purposes.

7. Section 353 – Class ASection 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 definitionANY CRUELTY (refer to definition
350-2) ANY ACT, OMISSION OR350-2) ANY ACT, OMISSION OR
NEGLECT causing unjustifiableNEGLECT causing unjustifiable
suffering or death.suffering or death.

8. Is whipping, drugging and galloping 2Is 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. NeitherA 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 tospecies is mentally or physically mature at this age. They are subject to
permanent mental and physical trauma that, in too many cases, ispermanent mental and physical trauma that, in too many cases, is
catastrophic and even fatal.”catastrophic and even fatal.”
Dr. Kraig Kulikowski DVMDr. Kraig Kulikowski DVM
 ““A two-year-old horse is neither physically nor mentally ready for the demandsA 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 andTraining 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 andmental status at such young ages. Their bony growth plates are still open and
are prone to injury from overzealous sustained pounding on firm trackare prone to injury from overzealous sustained pounding on firm track
surfaces.”surfaces.”
Dr. Holly Cheever - DVMDr. Holly Cheever - DVM

9. Are horse pulls overloading?Are horse pulls overloading?
Can they be justified?Can they be justified?

10. Failure to provide properFailure to provide proper
sustenancesustenance

12. Two months later – 22 year oldTwo months later – 22 year old
horsehorse

13. Mikey – starved horseMikey – starved horse

14. Mikey – 2 months laterMikey – 2 months later

19. 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 inLack of vet care resulting in
suffering (a disease or injury notsuffering (a disease or injury not
treated)treated)

22. Situations that lead toSituations that lead to
omission or neglect:omission or neglect:
IgnoranceIgnorance
Over breedingOver breeding
Animal HoardersAnimal Hoarders

24. Why are there too many horses?Why are there too many horses?
Irresponsible Breeders andIrresponsible Breeders and
HoardersHoarders
 Jerry Heron – Hoosick, NY Thoroughbred breeder, arrested twice for crueltyJerry 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 crueltyAnn 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 GreenvilleErnie Paragallo - Catskill, arrested - had over 90 thoroughbreds in Greenville
– starving to death– starving to death
 Marie Gaida – Latham - Thoroughbred Breeder – arrested twice for starvingMarie Gaida – Latham - Thoroughbred Breeder – arrested twice for starving
horses.horses.
 Dawn Sitor – Schoharie – Palamino/Quarter Horse breeder. Arrested in 2007Dawn Sitor – Schoharie – Palamino/Quarter Horse breeder. Arrested in 2007
for starving horses. In 2009, her boyfriend called upon rescue groups tofor 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 onShelly Wing – Breeder, Essex County, 10/18/13, found to have 41 horses on
her property living in filthy unsanitary conditions, without proper food, water orher property living in filthy unsanitary conditions, without proper food, water or
shelter – arrested.shelter – arrested.

25. Aggravated Cruelty –Aggravated Cruelty –
Section 353aSection 353a
 ““Buster’s Law”Buster’s Law”
– FelonyFelony
– Intentionally kills or intentionally causesIntentionally kills or intentionally causes
serious physical injury to a companion animalserious physical injury to a companion animal
(ref to 350 definition)(ref to 350 definition)
– AND intended to cause extreme physical painAND intended to cause extreme physical pain
– OR is done or carried out in an especiallyOR is done or carried out in an especially
depraved or sadistic manner.depraved or sadistic manner.

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

29. Transportation of HorsesTransportation of Horses
– 359a– 359a
 The interior of compartments containing more thanThe interior of compartments containing more than
6 horses shall have no protrusions which are6 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 andThere shall be doors on both sides for ingress and
egress.egress.
 The compartment shall be of a height to allow forThe compartment shall be of a height to allow for
sufficient clearance above the poll and withers ofsufficient clearance above the poll and withers of
each horse.each horse.

30. T he fire was caused by a leak in a passenger-side, 130-gallon fuel tank, which leaked forT 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 ofhalf 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 forthe horse trailer, causing that to catch fire as 31 horses were being trucked to Canada for
slaughter 5/6/2013slaughter 5/6/2013

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

32. Drugged and endangered: Horse racing fatalities and injuries on theDrugged and endangered: Horse racing fatalities and injuries on the
riserise
New York Times investigation - 3/26/12 revealed that horses areNew York Times investigation - 3/26/12 revealed that horses are
injected with cocaine, cobra venom, Viagra and other performanceinjected with cocaine, cobra venom, Viagra and other performance
enhancers.enhancers.
 According to the Times, 24 horses die every week on averageAccording 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 ratherthe bodies shipped to rendering plants and landfills rather
than to pathologists who might have discovered why thethan to pathologists who might have discovered why the
horses broke down," the Times reports. "A computer analysishorses broke down," the Times reports. "A computer analysis
of data from more than 150,000 races, along with injuryof data from more than 150,000 races, along with injury
reports, drug test results and interviews, shows an industryreports, drug test results and interviews, shows an industry
still mired in a culture of drugs and lax regulation and a fatalstill mired in a culture of drugs and lax regulation and a fatal
breakdown rate that remainsbreakdown rate that remains far worse than in most offar worse than in most of
the world.“the world.“

33. On January 27th of 2014 , Dr. Orlando Paraliticci, a private vetOn January 27th of 2014 , Dr. Orlando Paraliticci, a private vet
working for trainer Jane Cibelli, was caught injecting a nerve block,working for trainer Jane Cibelli, was caught injecting a nerve block,
called “P Bloc,” into the Cibelli-trained horse Raven Train. Cibellicalled “P Bloc,” into the Cibelli-trained horse Raven Train. Cibelli
received a 2 month suspension. It has been documented that overreceived 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.

34. Steve Asmussen (left) runs the largest horse racing operation in the US. He alsoSteve 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 aboutHis Chief assistant trainer, Scot Blasi (right) was recently recorded joking about
electric shocking horses and expressed little patience for lame horses sayingelectric 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, thecaught by PETA injecting horses with Thyroxine. On January 15, 2015, the
Kentucky Horse Racing Commission (KHRC) said the allegations, made byKentucky Horse Racing Commission (KHRC) said the allegations, made by
People for Ethical Treatment of Animals (PETA), against trainer Steve AsmussenPeople 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. .

35. NehroNehro
 In 2011, a magnificent horse named In 2011, a magnificent horse named NehroNehro came in secondcame in second
in the Kentucky Derby, but what race enthusiasts never knewin the Kentucky Derby, but what race enthusiasts never knew
was thatwas that Nehro was running on Nehro was running on
chronically painful hooves with holes in them. One of thechronically painful hooves with holes in them. One of the
..

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.

36. 20 Horses killed at Aqueduct from 10/31 /14 to 1/22/1520 Horses killed 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)

37. The racing commission requires that the past 30 days of aThe racing commission requires that the past 30 days of a
horses corticosteroid history be passed from one trainer tohorses corticosteroid history be passed from one trainer to
another but Dr. Scott Palmer stated in a NY Times article datedanother 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 wereThe “honor system” remained in place even after 21 horses were
killed at Aqueduct between November 30, 2011 and March 18killed at Aqueduct between November 30, 2011 and March 18
2012; after twelve horses were killed at Aqueduct between2012; after twelve horses were killed at Aqueduct between
11/14/2008 and 3/19/2009!11/14/2008 and 3/19/2009!

38. Section 355Section 355
Abandonment of AnimalsAbandonment of Animals
 Owner or possessor – abandons an animalOwner 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 theSection 353 or 353a would also apply if the
animal has been left without food for severalanimal has been left without food for several
days or found to be severely injured.days or found to be severely injured.

39. Section 357 – SellingSection 357 – Selling
Diseased AnimalsDiseased Animals
 Sells, offers to sell, uses, exposes anySells, offers to sell, uses, exposes any
animal having a disease dangerous toanimal having a disease dangerous to
the life or health of humans orthe life or health of humans or
animals.animals.
 Breeders, Private Individuals, PetBreeders, Private Individuals, Pet
stores, Horse Auctions.stores, Horse Auctions.

40. Section 373 – Seizure of AnimalsSection 373 – Seizure of Animals
In addition to the seizure of animals for exigentIn addition to the seizure of animals for exigent
circumstances ----circumstances ----
Animals may be seized if for more than 12Animals may be seized if for more than 12
successive hours have been kept in asuccessive 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 orwithout necessary sustenance, food or
drinkdrink
Provided that a Search Warrant is issuedProvided that a Search Warrant is issued

41. Who may assist with theWho 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 countyThe SPCA or Humane Society in the county
where the seizure occurred should be thewhere the seizure occurred should be the
“Impounding Organization“Impounding Organization”.”.

42. Seizure of AnimalsSeizure of Animals
 The entire scene must be photographedThe entire scene must be photographed
 Every animal is photographed – severalEvery animal is photographed – several
pictures might be necessary to showpictures 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 isA separate Information or complaint is
written for every animalwritten for every animal

43. Section 373-4Section 373-4
 When any person arrested is, at theWhen any person arrested is, at the
time of such arrest, in charge of anytime of such arrest, in charge of any
animal or vehicle drawn by oranimal or vehicle drawn by or
containing such animal, any policecontaining such animal, any police
officer or agent of an SPCA may takeofficer or agent of an SPCA may take
charge of such animal and vehicle andcharge of such animal and vehicle and
deposit same in a safe place.deposit same in a safe place.

44. Section 373-7 RetentionSection 373-7 Retention
of propertyof property
 If the animal (s) is unable to be removedIf the animal (s) is unable to be removed
from the existing location:from the existing location:
 Obtain a Court Order to return to theObtain a Court Order to return to the
property to ascertain if the animal (s) areproperty to ascertain if the animal (s) are
receiving proper carereceiving proper care
 Another Search Warrant may be obtained ifAnother Search Warrant may be obtained if
animals need to be removed at a later date.animals need to be removed at a later date.

45. Other Laws pertaining toOther Laws pertaining to
cruelty:cruelty:
 Penal LawsPenal Laws
– Sexual Misconduct – Class ASexual 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

46. 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.

47. ““I’ve spoken to several killer buyers who say that if aI’ve spoken to several killer buyers who say that if a
horse is a kicker, they will knock an eye out of thehorse is a kicker, they will knock an eye out of the
animal and that way, the pain will give it somethinganimal and that way, the pain will give it something
else to think about” – John Holland, President, Equineelse to think about” – John Holland, President, Equine
Welfare AllianceWelfare Alliance

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

49. We hope you will ask your Legislators to support bill A4404/S1082We hope you will ask your Legislators to support bill A4404/S1082
which will ban horse slaughter and the transportation of horses towhich will ban horse slaughter and the transportation of horses to
slaughter up the NYS Pipeline (I-87) to Canada. Also, bill# A8997 willslaughter 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.