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HomeMy WebLinkAboutCruelty to AnimalsNancy Sawastynowicz & Benja Schwartz 1845 Fleetwood Road Cutchogue, NY 11935 Southold Town Police Conunission Scott A. Russell, Supervisor; Louisa P. Evans, Justice; Albert J. Krupski, Jr., Councilman; William P. Ruland, Councilman; Vincent M. Orlando, Councilman; and Christopher M. Talbot, Councilman August 25, 2010 2010 To The Southold Town Police Commission, Town Clerk The law is clear - A police officer must issue an appearance ticket, summon or arrest any person offending against any of the. provisions of article twenty-six of the agriculture and markets law*. Southold Town Police Department is falling to obey the law. On 6/29/2010 in connection with case number 01-10-005437, PO Richhrd E. Jemick Jr. (3979) failed to observe, and failed to report, alleged property damage and suspected animal cruelty. PO Jernick Jr. apparently told complainant Paul Leafy that except for species designated as threatened or endangered, a property owner has the right to kill any animal. PO Jemick Jr. told Nancy Saw~tynowicz that she could not go onto Leary's property to retrieve her guinea hens. He told her repeatedly in commanding tones, "Do Not Go There!". On 7/13/2010 in connection with case number 01-10-006110, PO Richard E. Jemick m (3990) failed to report that he told Nancy Sawastynowicz that Paul Leary killed her guinea hens and that Leary had a right to do so. On 7/25/2010 PO Richard E. Jemick BI (3990) filed a supplemental report that NYS DEC stated that guinea hens are not protected and that if they go on Leary's property he is covered under the law to deal with them as he wishes. Benja Schwartz respectfully objected and offered to show PO Jernick BI copies of relevant laws, PO Jemick refused the offer. According to Police Officers Jemick Jr., Jernick 1II, Det. Sgt. John Sinning, Sgt. Santa Croce and Capt. Martin Flatley Southold Town Police does not enforce animal cruelty laws. On 8/9/2010 Sergeant Santa Croce advised Benja that Suffolk County Society for the Prevention of Cruelty to Animals agreed to investigate. The investigation was assigned to Suffolk County SPCA Sergeant Regina Benfante on 8/11/2010. Now it is almost two weeks later and we are still waiting for an investigation to begin. Three guinea hens were killed almost two months ago. We are still waiting for Southold Town Police Department to recognize that it has both the authority and a duty to prosecute crimes of cruelty to onimals. The lives of the four guinea hens that are still living are in danger. Benja immediately objected to the transfer of the investigation to the Suffolk County SPCA. Sergeant Santa Croce refused to listen. Sgt. Santa Croce told Benja: "This conversation was over five seconds after you became condescending." Benja was not condescending, he was disagreeing that Southold Town Police should be willingly condoning cruelty to animals. Benja had already attempted to resolve the issue with the Police Officers, a Detective and the Captain. Sincerely, Nancy Sawastynowicz and Benja Schwartz * New York State Agriculture and Markets Law Article 26 CRUELTY TO ANIMALS Sections 350, 353, 370, and 371 >>- A person who tortures or unjustifiably injures, maims, mutilates or kills any animal is guilty of a misdemeanor. And, a pemun who causes, procures or permits any animal to be tortured or unjustifiably injured, maimed, mutilated or killed, or who willflflly sets on foot, instigates, engages in, or in any way flmhers any act of cruelty to any animal, or any act tending to produce such cruelty, is also guilty of a misdemeanor. >>- A police officer must, and any agent of the ASPCA may, issue an appearance ticket pursuant to section 150.20 of the criminal procedure law, summon or arrest~ and bring before a court or magistrate having jurisdiction, any person offending against any of the provisions of article twenty-six of the agriculture and markets law. Thus NY AGRI & MKTS Section 353 applies to all animals; wild or tame, companion or farm, owned by the person or by another person, and on public or private property. According to judicial interpretation of this law, even goldfish are protected and society is protected against creel humans by this law. People v Garcia 2006 NY Slip Op 02315 [29 AD3d 255] March 28, 2006 Catterson, J. Appellate Division, First Department (www.courts.state.ny.us/reporter/3dseries/2006/2006_02315.btm) held that >> The defendant ~rther asserts that because the fish's death was instantaneous, it was not accompanied by "ex~eme physical pain" or accomplished with "especial[ ]" depravity or sadism, and that therefore the ldlling was not accomplished with any heightened level of cruelty. The ~rial court correctly observed that the legislative history of the statute indicates that the crime was established in recognition of the correlation between violence against animals and subsequent violence against human beings. (People v Gareia, 3 Misc 3d 699, 702 [Sup Ct, NY County 2004].) Thus, it must be inferred that the Legislature's concern was with the state of mind of the perpetrator rather than that of the victim, Guinea hens belong in the class "Anirnns Revertendi" since they are animals which roam at large and are in the habit of returning to their owner's property. Guinea hens are not protected as an endangered or threatned species, and they are not protected under Buster's Law - NY AGRI & MKTS §353a (a felony). Guinea hens are protected under NY AGRI & MKTS §353. In the wise words of Mahatma Gandhi who is still a source of inspiration to the world in guiding efforts to control violence and terrorism: "I hold that the more helpless a creature, the more entitled it is to protection by man from the cruelty of man." and "The greatness ora nation and its moral progress can be judged by the way its animals are treated." Animal abuse is senseless violence against the vulnerable.