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Case #11578 Rating: 3.3 out of 5
18 dogs suffer home ear cropping by owner
West Hempfield Township, PA (US)Incident Date: Tuesday, Apr 24, 2007
County: Lancaster
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Elvin L. High
Case Updates: 5 update(s) available
A district judge ruled June 20, 2007 that there is enough evidence to send an animal-cruelty case to trial. Elvin L. High, owner of Highgrade Kennels in West Hempfield Township, appeared before District Judge Robert A. Herman Jr. for a preliminary hearing on eight counts of animal cruelty related to the level of care provided to dogs at his business.
Assistant District Attorney Christine L. Wilson argued the case against High, who was convicted of animal cruelty in 2002. Two of the misdemeanor charges stemmed from two sickly dogs at High's kennels on April 24 and April 25 of 2007. One dog, a mastiff, was later euthanized at High's request. The remaining charges were filed because High allegedly admitted cropping the ears of at least 18 dogs on his property at 4406 Marietta Ave.
Veterinarian Bryan Langlois testified that when he examined the Neapolitan mastiff, named Zeus, on April 24, 2007, the dog was lying on his side and could not stand or sit. Langlois said the dog was paddling his front legs and moving his eyes in a circular motion, indicating brain injury. He also testified Zeus was emaciated and dehydrated, so he recommended the dog be taken to a veterinarian that day.
On April 25, 2007, Langlois was sent to High's property to examine the health of the remaining dogs. He testified a French bulldog named Sally Jane appeared to be in pain and showed signs of infection between her toes and in a wound on one of her hind legs. Langlois said straw was imbedded in the dog's infected ears. "You could literally just pull the skin up and off, which is not normal," Langlois testified.
Another vet, Andrea Honigmann, who treated the mastiff at High's request, testified the dog was in shock when it arrived at her practice. Honigmann said Zeus didn't respond to IV fluids and antibiotics, so High decided to have him euthanized. Both veterinarians testified the dogs suffered "severe distress" and that High should have sought medical care for them earlier. In the mastiff's case, Langlois testified the animal should have been seen by a vet three weeks earlier.
Humane Society police Officer Keith Mohler testified he filed the animal-cruelty charges as misdemeanor offenses rather than lower-penalty summary offenses because of High's previous animal-cruelty conviction. Mohler testified that, among the 60 dogs he found on High's property, he saw some with cropped ears and that High admitted to cropping the dogs' ears himself. High's attorney, Cory J. Miller, argued that the veterinarians' testimony didn't meet the legal threshold for "severe distress" required to prove animal cruelty. "Ear infections come and go. They itch; they need antibiotics. But (Mohler) admits the dog's condition was not life-threatening. … " Miller said. "At some point, we have to be reasonable about the charges that are filed." Herman said given the testimony and photographs of the dogs at the time of treatment, Wilson succeeded in making the case that High should be tried in county court.
High also faced 14 citations filed by the state's Bureau of Dog Law Enforcement for poor conditions at his kennels. Bureau prosecutor Jeff Paladina agreed to drop all but five of the most serious citations in exchange for High's guilty plea for the remainder. In May 2007, the bureau revoked High's license to operate a breeding kennel. The state does not issue kennel licenses to breeders convicted of animal cruelty. Kennel license applications ask applicants if they have been convicted of animal cruelty.
However, state agriculture department spokesman Chris Ryder said the bureau has no ability to verify an applicant's claims via criminal background checks because the ag department is not a criminal-justice agency.
Twenty-two dogs remain in High's custody - just under the 24-dog maximum allowed before a kennel license is required. Said Miller, "A misdemeanor is the lowest level of crime recognized by the Commonwealth of Pennsylvania, so my client has the right to a trial and may be forced to go the distance as a matter of principle."
Case UpdatesA county judge Wednesday sentenced Elvin L. High, a former dog breeder and twice-convicted animal abuser, to fines and probation for animal cruelty.
A jury convicted High in January on one misdemeanor count of animal cruelty. In related charges, Lancaster County President Judge Louis J. Farina found him guilty of six summary counts of animal cruelty for cropping his dogs' ears without a veterinary license.
Farina fined High $1,100 and sentenced him to a year of probation. Farina also ordered him not to engage in commercial breeding. However, High's West Hempfield Township business, Highgrade Kennels, 4406 Marietta Ave., has been idled since last May, when the state Bureau of Dog Law Enforcement revoked his kennel license for repeated regulation violations related to unsanitary and unsafe conditions.
Two of High's dogs were seized last April by humane police officers, who testified both animals needed immediate veterinary care. High was charged with misdemeanor-level animal cruelty for not providing the ailing dogs with medical care.
The jury convicted High of animal cruelty in the case of Zeus, a Neapolitan mastiff, who was starving and suffering a seizure when he was removed from High's care. High later had Zeus euthanized.
But the jury did not find High guilty of animal cruelty in the case of Sally Jane, a French bulldog, who, according to testimony, had raw skin from infection and straw embedded in infected wounds on her ears.
Farina's sentence seemed lackluster to those involved in prosecuting High, who was convicted of animal cruelty in 2002 as well.
"We are extremely disappointed in the judgment, especially considering High is a repeat offender," said Kerry Flanagan of Humane League of Lancaster County, which bore financial responsibility for housing, maintaining and veterinary care for High's dogs since they were seized.
After High's trial in January, Assistant District Attorney Christine L. Wilson asked Farina to prohibit High from owning any animals for 2½ years, as law permits Farina to do.
Although Farina said he received lots of mail from different organizations about High's conviction, he did not bar High from keeping animals. In fact, he reverted ownership of Sally Jane back to High.
"We requested this prohibition in light of the facts and the verdict," Wilson said Wednesday. "The court rejected our request and allowed (High) to keep all three of his family dogs and regain ownership rights of (Sally Jane), which he must sell for monetary gain."
Sally Jane has been living with a Humane League foster family since recovering from her afflictions.
High is not responsible for any costs related to extensive emergency vet care his dogs received, their follow-up care or boarding expenses.
In October, High requested a special exception from West Hempfield Township zoning officials to open a new stud service business at his property, even though township officials said he operated his previous kennel business for 21 years without township approval. High later withdrew his request.
High is now limited by township ordinance to owning no more than three dogs. | Source: Lancaster Online - April 3, 2008
Update posted on Apr 4, 2008 - 12:39AM |
A dog breeder facing animal cruelty charges from the state has withdrawn his request to open a kennel in West Hempfield Township.
Elvin L. High had asked officials for a special exception to operate Highgrade Kennels, 4406 Marietta Ave., Columbia, as a stud service.
But at a Tuesday night meeting of the township's Zoning Hearing Board, he pulled the plug on the project.
"We were a little surprised," said Charles E. Douts Jr. "He decided he didn't want to go through that process."
Douts said the law allows High to keep three dogs, the same as any other township resident. High has until March 31 to sell or give away 20 or so dogs, Douts added. The township will inspect his property to verify that he has done so.
Helen Ebersole said her group, United Against Puppy Mills, will also keep an eye on the kennel situation.
Meanwhile, she said, High's animal cruelty case is scheduled to be heard Wednesday in Lancaster County Court.
Last May, the Pennsylvania Department of Agriculture's Bureau of Dog Law Enforcement revoked High's kennel license and fined him more than $1,000 after his business failed two safety and sanitation inspections.
Bureau of Dog Law inspector Diane Buhl described multiple violations, including dog enclosures with built-up feces and urine and an infestation of rodents.
Humane officers who raided the kennel in June seized 11 of the 65 or so dogs High kept and charged him with eight counts of animal cruelty, including failing to seek medical help for dogs with severe ear and leg infections.
High did not respond to a message left at his home Friday.
He has previously denied charges of animal cruelty, saying that his kennel degraded after he hired another man to take care of it.
"My dogs never suffered here at all," High said. | Source: Lancaster Online - Jan 12, 2008
Update posted on Jan 13, 2008 - 11:43AM |
A dog breeder facing animal cruelty charges is asking West Hempfield Township officials to let him run a kennel on his property.
Elvin L. High is requesting a special exception to operate Highgrade Kennels, 4406 Marietta Ave., Columbia.
High is scheduled to appear before the Zoning Hearing Board on Tuesday, Oct. 9.
He is disputing the cruelty charges but getting out of the retail business.
"I am downsizing," he said last week. "I am going from breeding puppies to stud service."
Ed Hinkle, the township's zoning code enforcement officer, said High is asking to operate the service with 24 dogs.
That constitutes a kennel under township regulations, but not in the view of the state, which defines a kennel as a facility with more than 25 dogs.
The Pennsylvania Department of Agriculture's Bureau of Dog Law Enforcement fined High more than $1,000 and revoked his kennel license in May after the business failed two safety and sanitation inspections.
Bureau of Dog Law inspector Diane Buhl described multiple violations at the time, including a rodent infestation and dog enclosures with accumulated feces and urine.
Humane officers who raided the kennel in June seized 11 out of about 65 dogs kept by High and charged him with eight counts of animal cruelty, including failing to seek medical help for dogs with severe ear and leg infections.
Officials also accused High of trying to hide dogs in a tractor-trailer across the street from his kennel and of cropping the ears of at least 18 animals.
The case is pending in Lancaster County Court.
High said that his kennel fell into disrepair after he employed another man to take care of the facility.
But he denied the charges of animal cruelty.
The state and the Humane League of Lancaster County are "out of line," said High, who added that he plans to fight the charges. "My dogs never suffered here at all."
High, who also once ran an exotic pet store in the Columbia area, said he had an agreement to sell the dogs in the trailer, and that the infected dogs were not seriously ill.
He also disputed an animal cruelty charge filed several years ago by Keith Mohler, Humane Society police officer.
Any kennel operator who raises more than one breed is "labeled as a puppy mill," High said.
Mohler filed the misdemeanor criminal complaint on behalf of the Humane League of Lancaster County.
West Hempfield Township officials issued a cease and desist notice to High earlier this year after the state actions drew attention to his operation.
But High's request for a special exception suspends enforcement of the notice, according to Hinkle.
The case is "a little unusual," acknowledged township manager Charles E. Douts Jr.
"We did not know this kennel existed," Douts said. "This is a big loophole in the state law. He had a state kennel license but did not comply with our local zoning."
The state asks kennel license applicants whether they meet local zoning rules.
But unlike many other businesses, Douts said, dog breeders are not required to verify their response by submitting paperwork from the municipality.
Animal-welfare advocates say unscrupulous breeders are exploiting the situation.
Members of Lancaster County-based United Against Puppy Mills and North Penn Puppy Mill Watch in Lansdale plan to attend the Zoning Hearing Board meeting and offer feedback, said UAPM president and co-founder Helen Ebersole.
North Penn's Jenny Stephens said that the case "just goes to show what can fall through the cracks."
Her group and UAPM are collaborating on an "action alert" to mobilize members to speak out on the matter.
Hinkle said that the Zoning Hearing Board must consider High's request based upon land-use criteria such as parking, setbacks and pen requirements.
"We're doing our best," Douts said, but "we don't have the authority to regulate the kennels. "I'm sure we're going to have a big crowd" at the meeting, he said. | Source: Lancaster Online - Oct 7, 2007
Update posted on Oct 7, 2007 - 12:31AM |
Court contact information for this case is as follows:
Lancaster County Court of Common Pleas
50 North Duke Street
Lancaster, PA 17608
Phone: 717-299-8275 press 0
Fax: 717-295-3686
Case # CR-0002910-2007
Court Date: Oct. 11, 2007 pre-trial
Prosecutor:
Christine L. Wilson,
Assistant DA
50 North Duke Street
Lancaster, PA 17608
Phone: 717-299-8100
Fax: 717-295-3693
Judge:
Robert A. Herman, Jr.
District Judge
341 Chestnut Street
Columbia, PA 17512
Phone: 717-684-2761
Fax: 717-684-9774 | Source: Case # CR-0002910-2007
Update posted on Sep 26, 2007 - 1:20AM |
Eleven dogs were seized Thursday from a West Hempfield Township kennel, where the owner had allegedly hidden the dogs from authorities by housing them in a tractor-trailer.
Elvin L. High, who operated Highgrade Kennels, 4406 Marietta Ave., Columbia, faces eight counts of animal cruelty charges after an ongoing investigation.
In his criminal complaint, Humane Society police officer Keith Mohler wrote that High was previously convicted of animal cruelty in 2002.
The latest criminal charges, filed on behalf of Humane League of Lancaster County, stem from allegations that High cropped the ears of at least 18 dogs, and he did not seek medical care for several dogs with severe long-term ear and leg infections and a mastiff suffering seizures and emaciation.
Before Thursday's raid, High had already lost his license to operate a kennel because it failed two 2007 inspections by the Bureau of Dog Law Enforcement, which is charged with inspecting safety and sanitation at the state's 2,600 kennels, but does not inspect the health of dogs at the kennels.
It was during the bureau inspections of Highgrade Kennels that inspector Diane Buhl observed several dogs that appeared neglected, mistreated or unhealthy.
She notified Mohler, who is authorized to initiate animal abuse charges. On May 10, the bureau revoked High's license to operate kennels, after inspectors twice deemed his kennels "unsatisfactory." High did not appeal the revocation.
Following an April 3 inspection, Buhl issued nine citations to High totaling $1,036 for poor conditions at his kennels. Violations included dead and decaying mice found in food dishes, urine and feces built up in dog enclosures, no proof of rabies vaccination for 15 of more than 60 dogs housed at the kennels, kennels too small for the size of the dog, and poorly maintained kennels with sharp, broken wires and chewed wood. Buhl also ordered medical care for four of High's dogs, including one with open sores and three others with "leg issues."
On a follow-up inspection April 24, Buhl noted that High's paperwork was updated to show rabies vaccinations, but there was still evidence of rodent infestation and the kennels were still poorly maintained and unsanitary. Buhl also ordered medical care for a dog that appeared to be suffering a seizure during her inspection.
After the April 24 inspection, Buhl issued five more citations totaling $596.50 for unsanitary, unsafe and cramped kennel conditions at Highgrade Kennels. That's also when she called in Mohler to investigate possible abuse and neglect of High's dogs.
Jessie L. Smith, deputy secretary for dog law enforcement, said more citations are likely to be filed against High because he also failed more recent inspections.
After High's kennel license was revoked by the state in May, he was not permitted to keep more than 24 dogs on his property, which is the maximum allowed before a business must be licensed by the state.
When humane officers raided High's property Thursday, they called for help from employees of Humane League of Lancaster County to seize some of the dogs on the property and house them.
"(High) had exactly 24 dogs in his kennels," said Kerry Flanagan of the the Humane League, who assisted on the scene. "So he was essentially hiding the other dogs in a tractor trailer parked across the street from his property."
Flanagan said it was the bureau's discretion to leave behind some dogs in High's care.
Seized were an adult long-haired dachshund and her five puppies, four Chihuahuas and a cocker spaniel.
Flanagan said two of the seized dogs needed immediate medical attention and were sent to the Humane Society of Berks County where a veterinarian was on call. The remaining dogs are being housed at Lancaster's humane league until High is adjudicated on the criminal charges. High surrendered one Chihuahua and the cocker spaniel, which means they may be adopted after his criminal proceeding.
Flanagan said the process may take up to 18 months to resolve in the courts.
High's preliminary hearing is scheduled June 20 before District Justice Robert A. Herman Jr.
In the meantime, Flanagan said she's impressed with the coordination between humane officers and the bureau in a case where a kennel operator violated animal cruelty laws and bureau regulations.
"This is a positive sign in the progress being made to deal with illegal and poor breeders in the state," Flanagan said. | Source: Lancaster Online - July 9, 2007
Update posted on Jul 10, 2007 - 6:48AM |
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