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November 23, 1999 Equine Placement Network, Inc. equineprotectionnetwork.com |
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Dickinson, NY- Arlow Kiehl, Watertown, NY had a pre-trial conference on November 16, 1999 in DickinsonTown Court on 38 misdemeanor counts of the illegal transport of horses. A plea offer was extended by Broome County Assistant District Attorney Kevin Graham to Mr. Kiehl's attorney, Joel Scelsci. The matter is still pending at this time. Mr. Kiehl faces up to $38,000 in fines and possible jail time.
Mr. Kiehl was stopped by New York State Police Sergeant Theodore Shattaro and Trooper Terry Ginyard on I-81 northbound in the Town Of Dickinson on August 17, 1999. There were 19 horses on the double deck cattle trailer. The horses were being shipped from an auction in New Holland, PA to their final destination, a Canadian slaughterhouse. The horsemeat is for human consumption overseas.
Mr. Kiehl was charged with 19 misdemeanor counts of Section 359, Carrying animal in a cruel manner; 13 misdemeanor counts of Sec 359a 2; 3 misdemeanor counts Section 359-a 1.(a); and 13 misdemeanor counts 359-a.1(g). The charges deal with transporting horses in a double deck trailer, protrusions inside the trailer hazardous to horses, and a lack of overhead clearance inside the trailer for the horses.
The Broome County District Attorneys Office has successfully prosecuted Mr. Kiehl and Kevin Nickerson of Nickerson Livestock in previous cases involving the illegal transport of horses. Fines of $4300.00 have been levied by judges in Broome County against Nickerson Livestock and Mr. Kiehl.
Stepped up enforcement by the New York State Police of New York's humane horse transport law in recent years has resulted in fines approaching $20,000 against 3 different shippers of slaughterbound horses. One company, Frank Carper & Sons, Cranbury, NJ, has refused to pay the $11,100 fine levied against them in 1994 by Judge Jean Strothenke in Schroon Lake, Essex County, NY.
On October 5, 1999 a tractor trailer owned by Mr. Kiehl was involved in an accident in Nodine, MN in which several horses were killed after the truck rolled over after running a stop sign. Inadequate brakes are suspected of being the cause of the accident.
In less than a year's time, a tractor trailer owned by Mr. Kiehl has been 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 Mr. Kiehl with an arrest warrant 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, Nickerson Livestock, & Frank Carper & Sons, permits to transport domestic animals in Pennsylvania, regardless of the fact that their 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 these shipper'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 these individuals & companies convictions by the District Attorney's offices that have successfully prosecuted them.
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.
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 Police arrested Mr.Simmons, in Kirkwood, NY on Monday, December 7,1998. 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 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" I 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, Section359a and was fined $2000.00. The trailer involved was a double deck cattle trailer. 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.
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.