Attorneys/Judges
| Prosecutor(s): | Jay Macejko | | Defense(s): | Damian Billak |
More than 70 cats removed from rescue facility
Youngstown, OH (US)Incident Date: Wednesday, Sep 15, 2010
County: Mahoning
Disposition: Not Charged
Person of Interest: Kimm Koocher
Case Updates: 2 update(s) available
Agents and officers from Animal Charity removed more than 70 cats from a Mahoning Avenue rescue facility.
Nikole Baringer, chief executive officer of Animal Charity, said no charges have been filed, and the investigation of the Cat Ladies Society is ongoing.
She said that the investigation started in June at the former shelter location on Mahoning when Animal Charity discovered sick cats and strong odors.
"We talked to them. We wanted to work with them," Baringer said, adding that agents told the shelter to clean up the facility.
When agents returned two to three weeks later, the situation was a bit better, Baringer said. At that time, the shelter was getting ready to move to its new location, also on Mahoning.
"Since then we received numerous e-mail complaints, and PETA also had received several complaints [about the facility] from our area," Baringer said.
Those complaints came from former volunteers who had what Baringer called "strong evidence" of problems at the shelter. Because it's an ongoing investigation, Baringer declined to divulge what that evidence is.
But she said it was strong enough for agents to secure warrants to enter the shelter Wednesday afternoon.
Agents found sick cats that weren't being treated for their illnesses, Baringer said.
"There are cats with runny noses, runny eyes, diarrhea, upper-respiratory illnesses," she said.
There also were sick cats mixed in with healthy ones in one area of the shelter, Baringer said.
"You can't do that," she said. "Cats transmit disease so easily -- from litter boxes, eating, drinking or even just touching their noses."
Animal Charity also could find no veterinarian who acknowledged treating cats at the shelter, though one vet said he has done spaying and neutering for the cats, the Animal Charity CEO said.
Owner Kimm Koocher couldn't be reached, but a volunteer who answered the phone at the shelter said the allegations aren't true.
She declined to provide her name but said the cats are cared for by a veterinarian.
A post on the shelter's website, thecatladiessociety.com, dated Sept. 11, said a virus has been making its way through the shelter.
"All recuperating [sic] cats and kittens are getting daily medications prescribed by our vet," it says. "Even though we have quarantined the recuperating [sic] animals, we would prefer to break the cycle of all the germ sharing by having our kitties go to foster homes while they recover. With loving attention, they should recover within a week or two."
Baringer said that Animal Charity got a list of foster homes that have the sick cats and plans to contact those individuals today.
The cats that were removed, all of those in the shelter, will be examined by Animal Charity's veterinarians to determine a course of action.
Baringer said that the new facility, which was scheduled for a grand opening this weekend, is beautiful.
"I don't know who their funding comes from, but instead of putting that money into the facility, they should have used it to care for the animals," she said.
Case UpdatesAfter more than a month of negotiations, it appears no charges will be brought against members of the Cat Ladies Society in Youngstown.
Humane agents with Animal Charity raided the Society's West Side offices about six weeks ago. They found dozens of sick and dying cats, many of which had to be euthanized.
City prosecutor Jay Macejko said an agreement has been reached with the group's attorney. As part of the agreement, the agency will be on probation for six months.
"There will be an unlimited number of unannounced visits by third party inspection agencies," Macejko said. "The number of animals that they have, that they are permitted to keep on site, will be capped at 50. There will also be limitations in the manner in which they can possess or dispense veterinary drugs."
Macejko credits the agents with Animal Charity for putting together a strong enough case so that he was able to force the agency to make the needed changes and avoid having to face criminal charges. The case will be closed if the Society is able to complete the six-month monitoring period without further problems. | Source: wkbn.com - Oct 30, 2010
Update posted on Nov 1, 2010 - 4:24PM |
Cat Ladies Society employees say they've been cleared to reopen at their new facility, but the city's prosecutor said formal charges still are a possibility.
Kimm Koocher, Cat Ladies Society owner, said she met Thursday with her attorney Damian Billak, who told her the shelter was cleared of any wrongdoing and is free to reopen and begin adopting out cats at its new facility, 2217 Mahoning Ave.
But city Prosecutor Jay Macejko said the case still is under review, and no decisions have been finalized.
"Nothing like that was reached in terms of an agreement," he said. "They asked if that was a possibility, and that was the extent of the conversation."
Billak didn't return calls to comment Thursday afternoon.
Joe Borosky, Animal Charity humane agent, said he still is working with Macejko on the case.
"I was just in the prosecutor's office [Thursday], and he assured me that's not the case," Borosky said. "[Macejko] wants to look over the evidence to make sure everything is in order."
Macejko said he's reviewed only about one-third of the case material from the 83 cats seized Sept. 15 by Animal Charity, so it's still too early to make a decision.
"I haven't decided if we are or are not going to file charges," he said. "The case has been submitted to me for review. ... Right now, all options are on the table."
Animal Charity removed more than 80 cats from the former Mahoning Avenue facility Sept. 15 after a three-month investigation into reports of sick cats and strong odors inside the shelter.
Jeff Bailey, CLS employee, said shelter representatives will have a news conference at 3 p.m. today at Petco in Boardman to discuss the fate of Cat Ladies Society, as well as a monthly adopt-a-thon at the store.
He said they've been given the go-ahead to participate in an adopt-a-thon there Saturday and Sunday and will offer for adoption about eight cats that previously were in foster care.
Borosky said only 29 of the 83 cats brought to Animal Charity were saved from euthanization due to severe health problems. He said they had upper- respiratory infections, fungus, open wounds, uncontrollable diarrhea, ear mites and external bleeding.
"It wasn't just one thing. It was their overall health," he said. "Now what we're finding out is the 29 that we still have are coming down with the same things."
Borosky said the intentions of CLS was never in question, but they took on more than they could handle.
"Their intentions were good; I never questioned that, but I think they got in over their heads," he said. "That's what happens when you take in more than you can facilitate."
Macejko said the case is worth taking time on.
"It's still too early, so I don't want to commit," he said. "There's definitely something there. ... The question is whether it rises to level of animal cruelty." | Source: vindy.com - Sept 24, 2010
Update posted on Nov 1, 2010 - 4:21PM |
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