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Case ID: 10775
Classification: Neglect / Abandonment
Animal: sheep
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Downed sheep neglected, made to suffer
New Holland, PA (US)

Incident Date: Sunday, Sep 3, 2006
County: Lancaster

Disposition: Convicted

Defendant/Suspect: New Holland Sales Stable

New Holland Sales Stable was convicted of animal cruelty in a Lancaster County courthouse on Feb 15 for neglecting three disabled sheep. Concerns about animal abuse have swirled around the New Holland stockyard for more than a decade amid various reports about living animals discarded on the dead pile or in garbage bins. The case was filed by Keith Mohler, a humane enforcement officer with Farm Sanctuary. The stockyard was convicted on three counts of animal cruelty and ordered to pay $500 for each count.

Officer Mohler charged the stockyard with three counts of animal cruelty for failing to provide needed veterinary care or to humanely euthanize three "downed" sheep (animals too sick to stand). The incapacitated animals were found in the afternoon of September 3, 2006, by a member of Animals Angels. The sheep were left to suffer without receiving appropriate food, water or veterinary care. They were humanely euthanized by Mohler at 10 p.m. that evening.

"These workers knew what kind of condition these animals were in and failed to provide them with basic humane consideration. All three sheep were in terrible condition, and one was missing hunks of skin all over her body," Mohler said. "Failing to act responsibly and leaving these animals to languish without proper care constitutes a violation of Pennsylvania law." The sheep apparently arrived on a truck from Nebraska that also contained 16 to 18 dead sheep.

"Attaining animal cruelty convictions at stockyards and farms -- even when the cruelties are blatant and horrifying to most people -- are extremely difficult because of broad agricultural exemptions in state anti-cruelty codes," said Gene Baur, president of Farm Sanctuary. "These animals deserve protection under the law and cases like this help define unacceptable treatment of farm animals. The capacity for these animals to suffer is just as great as any companion animal's, making the case that animal cruelty laws should be based on sentience, rather than arbitrary labels as 'commodities' or 'pets.'"

This cruelty case is not the first associated with New Holland Sales Stable.

In February 2006, the stockyard was acquitted of animal cruelty on a technicality after leaving a live sheep in a dumpster. A live cow was also reportedly left there as well. In 2004, a man who dragged a horse at the stockyard was convicted of animal cruelty.

District Justice Rodney Hartman found the New Holland Sales Stables guilty on 31 counts of PA Anti-Cruelty law after a hearing on Tuesday, November 20, 2001. Judge Hartman imposed a $50.00 fine on each of the 31 counts for a total of $1550.00 plus court costs. Judge Hartman also awarded the 31 horses to the PA SPCA.

The Large Animal Protection Society (LAPS) filed the charges against Michael Smith, of Silver Springs, Maryland, in April 2001. Smith was found guilty of transporting and offering for sale a bay mare on February 5, 2001 at the New Holland Sales Stables. An equine veterinarian and a licensed equine dentist testified to the mare's debilitated condition. The mare was later euthanized.

The New Holland Police Department was called to the New Holland Sales Stables on April 24, 2000 after James Barbine, of Delaware, transported a severely foundered mule to the sale from Delaware in violation of the PA cruelty law. The mule was put down by the vet at the New Holland Sales Stables.

On Monday, September 27, 1999 the State Police (PSP) in Lancaster investigated an incident of cruelty to animals at the New Holland Sales Stables. John H. Schuffler, Valdese, NC and Ernest S. Shaw, Troy, NC were cited under the PA Crimes Code for cruelty to animals and Agricultural violations. Both men transported disabled horses to the New Holland Sales Stables and offered the horses for sale. Both horses were visibly disabled. Neither of the horses had the required health certificates or Coggins Test as required by PA law.

For the past several years the Equine Protection Network's (EPN) position has been that the PA Anti-Cruelty law, is being broken at the New Holland Sales Stables. The EPN has documented this numerous times over the years and has documented the lack of enforcement by law enforcement over the years. The EPN has adamantly maintained that the PA Anti-Cruelty law could be successfully enforced by law enforcement at this sale. The PA Horse Transport Law went into effect on August 25, 2001, making it illegal to transport any equine animal in a conveyance that has more than one level stacked on top of each other. Each horse is a separate offense. The minimum fine for each count is $50.00. The maximum fine is $750.00 for each count. Jail time may also be imposed. Forfeiture of the animals can also be ordered, along with restitution for the cost of caring for the horses

"New Holland Sales Stable has propagated animal cruelty for many years," added Baur. "Despite numerous meetings with humane agents attempting to improve conditions, the stockyard has continued to act irresponsibly. The stockyard management seems more interested in hiding problems, rather than in solving them." Recently, the stockyard enclosed the walkway above the pens where it had been possible to view the animals below. Doing so will obstruct the view of concerned citizens trying to see the pens and document the animals' treatment.

Farm Sanctuary is the nation's leading farm animal protection organization. Since incorporating in 1986, Farm Sanctuary has worked to expose and stop cruel practices of the "food animal" industry through research and investigations, legal and institutional reforms, public awareness projects, youth education, and direct rescue and refuge efforts. Farm Sanctuary shelters in Watkins Glen, NY and Orland, CA provide lifelong care for hundreds of rescued animals, who have become ambassadors for farm animals everywhere by educating visitors about the realities of factory farming.

The New Holland Sales Stable opened its doors in January of 1925. David Kolb, according to the Better Business Bureau, is the President. The New Holland Sales Stables set a new Farm Show record price, claiming the Grand Champion Goat with a high bid of $2,700 in 2005. Next month, the New Holland Sales Stables will be host to the Heifer Sale of the Pennsylvania Relief Sale.

References

« PA State Animal Cruelty Map
« More cases in Lancaster County, PA

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