Pet-Abuse.Com - Animal Abuse Case Details: Farmed animal neglect

Farmed animal neglect
Bad Axe, MI (US)

Incident Date: Thursday, Aug 5, 2004
County: Huron
Local Map: available
Disposition: Convicted

Abusers/Suspects:
» Ronald A. Polk
» Jo Ellen Young

Case Updates: 2 update(s) available

Case ID: 2708

Classification: Neglect / Abandonment

Animal: cow

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Prosecutors and police have charged Huron County farmer Ronald A. Polk, 45, of Bad Axe, with 71 crimes. The list includes 47 counts of abandoning animals/cruelty to animals following an Aug. 5 raid on a farm where, police say, Polk kept his cattle.

On Aug. 14, days after authorities removed the cattle, fire destroyed a Bad Axe-area barn owned by Kevin Langley - a barn where authorities had temporarily placed most of the cattle seized from Polk.

"I have absolutely no clue what started it, due to the fact that when we arrived on scene, the barn was burning from one end to the other," said Dave Peruski, chief of the Bad Axe Area Fire Department.

Peruski said several of Polk's calves died in the 8:31 p.m. fire, which caused about $100,000 in damage, according to Langley.

"I lost all the hay and straw in the barn, and we had enough to get us through the whole winter," said Langley, who owns about 20 cattle of his own, along with a number of horses.

Spec. Sgt. Geoff Boyer, a Caro-based fire investigator with the Michigan State Police, said he can't determine what caused the blaze at the Langley barn at 2875 E. Richardson Road.

Boyer said Huron County Sheriff's Department detectives are investigating the cause of the blaze.

David B. Herrington, the Bad Axe attorney representing Polk, said his client denies any involvement with the fire.

The Times could not reach Sheriff's Department detectives or Huron County Prosecutor Mark J. Gaertner for comment.

Herrington said the 71 charges his client faces "appear on its face to be overkill" on the part of Huron County prosecutors.

Herrington has said Polk claims the 47 cattle seized on Aug. 5 actually belong to Jo Ellen Young, a 31-year-old woman who lives with Polk near Bad Axe.

Young faces the same 47 counts of abandoning animals/cruelty to animals that have been leveled against Polk. If convicted of one or more counts, Young and Polk each would face a maximum sentence of 93 days in jail and a $1,000 fine.

Herrington said prosecutors hope to convince a judge to order the cattle in question to be sold, so the county can pay others - such as Kevin Langley - for the expenses of housing and caring for the cattle herd.

Police have charged Ronald Polk with letting his cattle or pigs run at large on 14 occasions officers were called to investigate such complaints between Oct. 21, 2003, and Aug. 5.

Sometimes, police say Polk's cows were on Huron County roads. Other times, police allege the cattle were in neighbors' fields.

Polk also is charged with failure to bury dead cattle on April 7, driving with a suspended license on July 30, and with violating a county zoning ordinance on April 27 by failing to remove disabled cars and junk from his residence on Rapson Road. The first of Polk's potential trials is set for Sept. 14.

Case Updates

On Friday the zoning case that dragged on for well over a year in Huron County District Court as county officials attempted to get Ronald Polk to clean up debris and remove run-down equipment and vehicles from property on Rapson and Tomlinson roads, finally was closed.

There was no disguising the look of relief on the face of Polk and his girlfriend, Jo Ellen Young, when they heard Huron County District Court Judge Karl E. Kraus rule the abatement case would be closed. Polk also was relieved that he would not have to serve any jail time for contempt of court when he failed to provide documentation from a physician when he missed a previous court date in the matter.

On Friday Kraus took testimony from Polk along with Russell Lundberg, director of Huron County Building and Zoning, and Huron County Sheriff's Deputy Greg Gordon. Their testimony revealed Polk had complied with Kraus's order.

The order gave Polk until midnight on Aug. 19 to have the property in complete compliance with the order. Gordon testified Polk was in compliance � until they arrived Monday to find an old Ford Bronco parked on the Tomlinson Road property.

Polk laid no claim to the Bronco, telling the court it belonged to his brother Jerome. Gordon said he and Lundberg had the vehicle removed from the property by Chuck's Towing, and it was later claimed by Jerome Polk.

Polk's attorney David B. Herrington asked Kraus to close the case since his client complied with the order. Huron County Prosecutor Mark J. Gaertner agreed.

"This case has been a significant drain on the county's resources, time and efforts of Mr. Lundberg, Deputy Gordon and the Huron County Sheriff's Office. They should all be applauded for sticking to it," Kraus said. "It's been a lot like running up against a brick wall." Kraus reminded Polk the abatement order was not temporary and is in effect for life.

When Polk left the courtroom he said he was glad the case was closed.

"I'm relieved. We can finally get on with our appeal," said Polk, who plans to appeal an old conviction from last year in Huron County District Court when he was sentenced on a charge of animal cruelty and a charge of allowing animals to run at large.

"We're after justice. Our plan is to appeal all the court decisions that have been made in the Huron County courts going back to the animal cruelty case," he said. "The Michigan Department of Agriculture has the authority under the Right to Farm Act, not the local authorities. We weren't allowed the defense of the Right to Farm Act in those cases."

Polk said he believes if he's successful in his appeal that those who received money from the sale of the Rapson Road cattle for compensation of property damage they caused will have to pay him back.

Jo Ellen Young said she's joining Polk in the appeal.

"They basically took my cattle � took my money � and gave it to him (Polk) and prosecuted him," she said.

The couple said Friday they were going to start the appeal process and hoped to have something filed in Huron County later that day.

Polk and Young now reside in Hersey where they say they've spent most of the summer building fences to get back in the cattle business.

"We'll be back in business on Oct. 1," Polk said.

Source: Michigan's Thumb - Aug 29, 2005
Update posted on Aug 29, 2005 - 3:10PM

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The lawsuit filed by Ronald Polk and Jo Ellen Young, seeking millions of dollars in damages against four Huron County officials, will be heard in U.S District Court in Bay City after a ruling the suit was filed in the wrong venue.

Huron County Prosecutor Mark J. Gaertner, Chief Assistant Prosecutor Stephen J. Allen, Huron County District Court Judge Karl E. Kraus and Sgt. Gary Polega of the Huron County Sheriff's Office are named as the defendants in the suit filed by Polk and Young on Nov. 9.

When filing the lawsuit, Polk claimed his address was in Detroit and filed the suit in the Southern Division of the Eastern District of Michigan.

Gaertner, Allen and Kraus filed a motion to have the case reassigned to the federal court in Bay City since Polk is a resident of Huron County.

Transcripts of taped jailhouse conversations of Polk while he served time in the Huron County Jail were introduced in the motion by Gaertner and Allen. The tapes allegedly indicate Polk was attempting to secure a Detroit address prior to filing the suit so the case would be heard in Detroit.

U.S. Magistrate Judge Steven D. Pepe granted Gaertner, Allen and Kraus' motion for reassignment, stating the defendants provided "compelling evidence that the plaintiff (Polk) lives in Huron County rather than Detroit."

"The defendants are all located in Huron County, and the events which led to this lawsuit transpired in Huron County," Pepe wrote in the order granting the motion for reassignment.

Civil cases arising in or related to Huron County are to be handled in Bay City in the Northern Division. The county in which the plaintiff resides, the location in which the claim arose and the defendant's residence determine where the case should be heard.

"In this case all those factors point to Huron County. Because the listing of the Detroit address appears to have been fraudulent, the factors favoring moving the case to the Northern Division heavily outweigh the fact the plaintiff (Polk) filed the case in the Southern Division," Pepe wrote.

Gaertner and Allen also filed a motion seeking to have the case dismissed due to Polk's alleged fraudulent conduct. Pepe wrote dismissal of the case is "not warranted at this time."

An additional motion by Allen, Gaertner and Kraus sought for sanctions, costs and attorney fees. Pepe found that any award of fees, costs and sanctions may be handled by U.S. District Court Judge David M. Lawson, along with any other motions in the case, once the case is reassigned.

No date has been set to hear the case in the Bay City court.

The lawsuit filed by Polk and Young alleges Polk was denied his 14th amendment right of due process in a criminal case against him which claimed there was a fraudulent conveyance of property belonging to Young, and that those listed as defendants in the suit were involved in a conspiracy to commit fraud.

Polk also is seeking to have two misdemeanor convictions, one of animal cruelty and the other of allowing animals to run at large, to be overturned.

Source: Huron Daily Tribune - April 21, 2005
Update posted on Apr 21, 2005 - 11:34AM

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Bay City Times Sept. 8, 2004

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Farmed animal neglectBad Axe, MI (US)

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Farmed animal neglect
Bad Axe, MI (US)