EQUINE PROTECTION NETWORK

NY SHIPPER ROLLS TRUCK, KILLS HORSES

Nodine, MI - According to news reports and the MN State Patrol, on Tuesday, October 5, 1999, James Halbaidr, 53, of Cape Vincent, N.Y., was transporting 27 horses in a tractor trailer owned by Arlow Kiehl, Watertown, NY east on MN Interstate 90 about noon. Mr. Halbaidr exited the interstate at the Nodine exit, and was unable to stop at the stop sign at Winona County Road 22, crossing the road and continuing up the entrance ramp to I-90, before rolling the tractor trailer onto it's side. According to Trooper Steve Stromback of the MN State Patrol, the brakes are being looked at as a possible cause of the accident. According to news reports, Mr. Halbaidr and a passenger, 66-year-old Glenn Call of Philadelphia, N.Y., were taken to St. Francis Hospital in La Crosse, WI, for treatment. Mr.Call was listed the next morning in good condition, and Halbaidr was treated and released.

Nine of the twenty-seven horses being shipped from Mandan, North Dakota to MA for resale, died as a result of the accident. The accident occured on the entrance ramp to I-90, near the Nodine Truck Stop. The remaining 18 horses were transported to a local farm for treatment. Three of the horses are still receiving veterinary care and the other 15 horses have been released from the farm.

According to the Winona Daily News,

"Rescuers found the horses struggling at about 12:10 p.m. in a pile inside the cargo hold. Most of the horses were unable to stand inside, buried beneath the weight of other horses, or unable to get a firm footing on the slippery aluminum. ...

The impact of the crash propelled the head of one horse through the top of the truck, killing it instantly. A circular saw was used to cut an opening in the back doors of the trailer to get the horses out.

` The horses, many of whom suffered from nicks and cuts or were bleeding from the mouth, were dragged into a makeshift corral at the mouth of truck.The rescue was made more difficult by the weight and helplessness of the animals. "

`They were all trying to stand on top of one another,'' said Brian Muldenhauer, a rescuer with the Nodine Fire Department.

In less than a year's time, a tractor trailer owned by Mr. Kiehl was put out of service two times for inadequate brakes. The PA State Police put Mr. Kiehl out of service in November 1998 in Lancaster County, PA and the NY State Police put Mr. Kiehl out of service in February 1998 in Cortland County, NY .

On April 5, 1999, Pennsylvania State Troopers served Arlow Kiehl, Watertown, NY with a warrant for his arrest inside a New Holland, PA auction barn for failure to answer a non traffic citation issued by the Pennsylvania State Police in November 1998.

Recently, the PA Department of Agriculture, PDA, issued Mr. Kiehl a permit to transport domestic animals in Pennsylvania, regardless of the fact that his convictions in New York under NY Ag & Markets Section 359-a, the illegal transport of horses, are grounds for denial and or revocation of a permit in Pennsylvania. These same convictions are also grounds for revocation of Mr. Kiehl's permit by NY Ag & Markets to transport domestic animals in New York. Both the PDA and NY Ag & Markets have been made aware of Mr. Kiehl's convictions by the District Attorney's offices that have succesfully prosecuted Mr. Kiehl.

In the past year and a half, Mr. Kiehl and or his drivers have been arrested and or cited for numerous violations of New York and PA laws, ranging from Motor Vehicle Code violations involving log books, required permits and equipment violations and over 100 Agriculture Code violations, some of which are misdemeanors.

Carlton H. Simmons, Gouverneur, NY, a driver for Mr. Kiehl, was found guilty after trial on February 3, 1999 in Kirkwood Town Court on 8 counts of transporting horses in violation of New York State Agriculture and Markets Law, Section 359-a 2. Judge Benjamin Weingartner fined Mr Simmons $800, $100 for each horse transported illegally. Mr Simmons was prosecuted by Broome County New York Senior Assistant District Attorney Marcy Cox.

New York State Trooper Michael J. Connelly arrested Mr.Simmons, in the Town of Kirkwood, NY for transporting horses illegally in violation of New York State Agriculture and Markets Law, Section 359-a on Monday, December 7, 1998, just two days before Mr Kiehl's December 9, 1998 trial date on 16 charges involving the illegal transportation of horses. Mr Simmons had 17 horses and an unknown number of hogs on the double deck cattle trailer, with the hogs being transported on the top tier of the double deck trailer, over TOP of the horses. He was charged with transporting horses in a double deck trailer and for not having anti skid material on the floor to prevent the horses from slipping. The horses were being shipped from the New Holland Sales Stables in New Holland, PA to a Canadian slaughterhouse for human consumption overseas.

New York State Police Troopers Marc E. Hickey and Kenneth A. Laman, arrested Mr.Kiehl on Monday, August 24, 1998 on I-81 north in the Town of Cortlandville. Mr Kiehl was charged with 16 counts of transporting horses illegally in violation of New York State Agriculture and Markets Law, Section 359-a.

The 16 horses on Mr Kiehl's double deck trailer were being shipped from the horse auction in New Holland, PA to a Canadian slaughterhouse for human consumption overseas.

Mr. Kiehl was later found not guilty in a jury trial on December 9, 1998 of having protrusions hazardous to horses inside his double deck cattle trailer. The jury was shown photographs of a horse with head injuries, but did not believe the the 3" to 4" beams that protrude below the low ceiling, to be hazardous to horses. The average horse stands 15 hands (60" or 5 ') at the withers. A horses normal head carriage is above their withers. Commercial horse trailers of this same size have only one tier, and start at a minimum height of 7', with most being 8' tall with no beams protruding below the ceiling.

Mr. Kiehl previously pled guilty in Preble Town Court on June 23, 1998 to 26 counts of illegally transporting horses in violation of New York Agriculture and Markets Law, Section 359a and was fined $2000.00. The trailer involved was a double deck cattle trailer. The trailer lacked partitions spaced 10' apart and had protrusions hazardous to horses. Mr. Kiehl also pled guilty to 17 counts of the illegal transport of horses on June 9, 1998 in Barker, N.Y. Town Court and paid a $500 fine. Mr. Kiehl's trailer lacked the required second doorway for a trailer carrying 6 or more horses.

According to a news story published June 25, 1998 by the Williamsport Sun Gazette,

" Kiehl uses a double deck trailer and said he will continue to do so, despite the fact that he has been arrested several times recently in New York State, hauling horses from the New Holland (PA) and Middleburg (PA) auctions."

In May 1998 in Painted Post, NY, Mr. Kiehl was cited by the New York State Police for violations involving the Motor Vehicle Code.

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