Attorneys/Judges
| Prosecutor(s): | Anthony Dellicarri | | Defense(s): | Robert Novick |
CONVICTED: Was justice served?
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Case #14268 Rating: 3.0 out of 5
Animal neglect
West Haverstraw, NY (US)Incident Date: Wednesday, Jul 30, 2008
County: Rockland
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Robert Everle
Case Updates: 4 update(s) available
State Police and agents from the Hudson Valley SPCA have arrested a 59-year-old West Haverstraw man on two counts of failing to provide sustenance to animals, a misdemeanor under state law.
Police arrested Robert Everle and searched his residence at 48 North Wayne Avenue where they found sheep, chickens, rabbits, a dog, three puppies, kittens, ducks, guinea hens and fowl.
The animals were examined by veterinarians and sick ones were removed to local vets' offices for treatment.
Everle was arraigned and released on his own recognizance pending a future court appearance in August.
Case UpdatesRobert Everle, 60, who was found guilty of 13 misdemeanor charges, was sentenced yesterday before Village Justice Kevin Russo.
Russo gave him three years of probation with 450 hours of community service at an animal advocacy organization.
Russo also ordered him to pay restitution of $17,000 to The Vet at The Barn of Chestnut Ridge, which took care of 22 of Everle's animals, seized from his property.
In addition, Russo fined him $1,000 for each charge, totaling $13,000.
Russo also ordered Everle, who keeps more than 100 animals at his property at 48 and 50 N. Wayne Ave., to give up all of the animals within 30 days. He is allowed to keep two companion animals at home, excluding pit bulls, Rottweilers or Dobermans, Russo said.
If Everle does not follow through on his probation terms, fines and restitution, he could face a year of jail time, Russo said.
Before the sentencing, prosecutor Anthony Dellicarri asked the justice to give Everle a 60-day jail term in addition to restitution of $17,000 for the vet bill and three years of probation.
Richard Novick, a Brooklyn attorney representing Everle, told the justice that his client should not be incarcerated because he had no intention of harming the animals. Novick added that payment to the veterinarian did not fall under the definition of restitution, which should be a direct payment to a victim of the crime.
Dellicarri disagreed and told the justice that based on prior cases, payments to a veterinarian could be interpreted as restitution.
Everle told the justice that he did not know what the problem was in his treatment of the animals because no one who inspected his property told him what needed to be corrected.
Everle blamed a lack of communication between himself and the Hudson Valley Humane Society for the Prevention of Cruelty to Animals, which led the investigation of Everle's property.
Outside the courtroom after sentencing, Dellicarri said he was pleased with the justice's decision.
"I believe that the judge worked very hard and came up with a fair sentence," Dellicarri said, adding that the justice substituted the fines for incarceration that he thought appropriate.
"He also left it possible that if Mr. Everle messes up, he's going to go to jail for a year," Dellicarri said. "Hopefully, Mr. Everle gets the message that this type of behavior cannot be tolerated."
Everle was arrested July 30, 2008, after authorities raided his property. Inspectors and police testified to finding animals that were sick, infested with mites and fleas, and crowded into cages and boxes with feces on the ground and in their food and water. Several dead animals also were found. Rabbits, guinea hens, roosters, chicks, chickens, doves, a ram, ducks, dogs and cats were among the animals found.
Everle initially was charged with two counts of failing to provide sustenance to animals, a misdemeanor. Authorities said they took the sickest animals to local veterinarians to be treated.
More charges were added later.
Throughout the court proceedings, Everle pleaded not guilty, saying that he has been taking care of his animals for more than 40 years and that he knew what he was doing.
Everle said he was relieved that he didn't have to go to jail.
But he added that he intended to file an appeal.
Marc Kissel, the peace officer with the Hudson Valley Humane Society for the Prevention of Cruelty to Animals who led the investigation, said he would help Everle find new homes for his animals.
"If he asks for the help, we'll give it to him," Kissel said. "We'll help him find farms. We'll help him find people. We'll help him sell them." | Source: lohud.com - Aug 12, 2009
Update posted on Aug 13, 2009 - 4:42PM |
A West Haverstraw man was convicted in village court Tuesday for the mistreatment of dozens of domestic and wild animals, Rockland County District Attorney Thomas Zugibe said.
A jury found Robert Everle, 59, guilty of 13 misdemeanor counts of overdriving, torturing and injuring animals, and failure to provide proper sustenance. He faces up to two years in prison, fines, restitution and seizure of his animals as a result of the conviction.
A search warrant was executed on Everle's residence in July 2008 based on an investigation by the SPCA. Animals on his one-acre property included sheep, chickens, rabbits, a dog, three puppies, kittens, ducks, guinea hens, and a number of fowl, said Zugibe.
"These animals were truly suffering, were in very, very pool shape and it was very satisfying to see these same animals, after they had been brought into medical shelters where they were treated and actually responded to treatment and now have been relocated and are doing quite well," he said.
The jury needed only an hour and twenty minutes to convict Everle following a five-day trial.
"Mr. Everle was given ample warning to improve the treatment of the animals on his property and the conditions in which they were living," Zugibe said. "I consider the continued mistreatment of the animals by the defendant a cruel form of torture and certainly criminal." | Source: Mid Hudson News - May 26, 2009
Update posted on May 28, 2009 - 1:16AM |
Prosecution witnesses including a veterinarian continued today to describe "horrific" conditions in which they found dozens of animals on a West Haverstraw man's property last July.
Robert Everle's lawyer, Robert Novick tried to erode the credibility of the testimony of veterinarian Beverly Cappel who treated some of the diseased and injured animals at her Vet at the Barn facility in Chestnut Ridge.
Answering questions from prosecutor Anthony Dellicarri, Cappel told the six-member jury at Everle's animal cruelty trial that Everle neglected the animals kept at his at 48 N. Wayne Ave. home.
Novick pointed out that Everle fed the animals, noting the amount of feces found on the property. He questioned whether rabbits had infections or just irritations.
Cappel countered that she knew how to recognize infections.
Novick also asked Judge Kenneth Russo to remove him from the case because of a difference of opinion with his client that could not be resolved. Russo said Everle was on his fourth attorney and the case had been delayed too long already.
Testimony by prosecution witnesses continues this afternoon. | Source: LoHud - May 20, 2009
Update posted on May 20, 2009 - 2:07PM |
The trial of a man accused of keeping more than 100 animals in a poor condition in his property in a residential neighborhood is adjourned until next month.
Robert Everle, 59, was arrested July 29 by state police and prosecutors on two misdemeanor counts of failing to provide sustenance to animals under the state Agriculture and Markets Law.
Everle's trial was to begin Monday and adjourned to May 18 at the West Haverstraw village Justice Court.
Prior to the recent court date, Everle's attorney, Richard Novak of Brooklyn, filed a pre-trial motion to dismiss all charges, claiming that evidence was unlawfully obtained.
But West Haverstraw Village Justice Kevin F. Russo did not grant the motion. | Source: The Journal News - April 16, 2009
Update posted on Apr 20, 2009 - 12:29AM |
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