| Pets Plus owned by Fred Kick |
36 cruelty charges for 182 seized animals |
Lockport, NY |
July 11, 2006 |
(photo courtesy of the Lockport Union-Sun &
Journal) On Friday, July 28th, the Niagara County
District Attorney’s Office levied 36 charges of animal cruelty against the
Pets Plus store at 421 West Avenue after a raid on the store July 11th. First
Assistant DA Timothy R. Lundquist stated the department’s investigation found
that several of the animals seized in the raid earlier this month were not
receiving proper care. The investigation determined that there were animals
on the premises that had not received sufficient food and water or veterinary
care. Some were found emaciated, other were in need of immediate veterinary
care and some died as a result of the care that was provided.
The charges were filed against the store’s corporate entity, not against any of its owner’s personally.
Scheduled court date is August 7th.
George V.C. Muscato, the attorney for Pets Plus, argued in City Court on Thursday, July 27th, that the warrant used for the search was illegal because it was not signed by a City Judge. He has also taken offense with the prosecution’s interpretation of the agriculture and markets law which he stated requires the suspects to be charged with cruelty before a warrant is issued.
The SPCA filed an affidavit earlier in the week stating that the store was not treating the animals properly. SPCA investigators raided the store on July 11th removing dozens of reptiles that it stated were in need of veterinary care. A handful of the animals were euthanized. The remaining animals are at the SPCA’s Tonawanda office as evidence while under a veterinarian’s care. During the raid, investigators took video footage from inside the store showing stacks of plastic shelves, each containing animals, an estimated 5,000 creatures in total.
Attorney Muscato took issue with the charges stating that his clients provided nothing but the best care to the animals on the premises. He further stated that it has to be proven that the animals were treated inhumanely.
Update 7/28/06:
The Erie County SPCA’s investigation into Pets Plus has now moved into the courtroom. Attorney George V.C. Muscato stated Thursday that he served an order to show cause on the SPCA at Lockport City Court. The SPCA’s general counsel, Beck Powell stated the group is not commenting on the case right now but is working with the Niagara County District Attorney’s Office.
On July 11th, members of the SPCA Animal Rescue Team and Animal Security Investigators executed a search warranty in Pets Plus. The group reportedly received a call from the Department of Environmental Conservations a few days prior to the raid concerning illegal exotic animals. SPCA Officers stated they discovered a number of creatures that are not legal to possess in New York State and which needed care. The SPCA’s last official count of the rescued animals as 182.
Joel Thomas, the Erie County SPCA’s Wildlife Administrator stated the conditions of the reptiles and amphibians varied depending on the conditions they were living in at the store. Some of the animals’ health has improved considerably, some have stayed the same and others have gone downhill. SPCA Animal Cruelty Investigator Charles Braun stated the case may take some time.
Attorney Muscato stated the store was shut down for two days, making it difficult for the owners to care for the animals. He also stated that the statues that the DEC was using to define some of the lizards and monitors as illegal exotic creatures. does not apply because Pets Plus is a wholesaler, not a pet owner. He further stated that they had been there for years, breeding and raising them.
Muscato will return to court next week on the matter.
Update 8/7/06:
Today there was a preliminary hearing for the corpoation that owns "Pets Plus". They face 36 charges of animal cruelty after finding dozens of repitles in cages, some dead, some without food or water, and all in unsanitary conditions. Some of the animals were euthanized.
Owner Fred Kick claims the SPCA wrongfully seized the animals from his store. The court ruled the SPCA should keep the animals while the case continues. Kicks attorney stated his client has 20 years experience in the business along with a good record. Another hearing will determine if Kicks will be required to repay the SPCA for the care and upkeep of the animals.
Update 8/29/06:
Even though the SPCA found some of the animals illegal to possess in New York and some 5000-8000 reptiles and amphibians, not all were seized from the 2nd floor breeding area. Not all the animals were sick or neglected upon examination by veterinarians from the Buffalo Zoo.
Many of the cages were filthy and littered with feces and some of the animals were not fed and backed up from the store's own cleaning logs. Some of these animals were red tagged as evidence for the case. One bullfrog was so sick it could barely move and was euthanized.
The most dangerous animal found was an 8-foot crocodile monitor with a large mass on its left front leg which was infected (septic).
Store owner Fred Kicks stated the complaint came from a former employee who was fired for stealing and reselling pets. He further stated that the accusations came from a paperwork mix-up. Kicks had applied to the DEC for exemption as he had been selling snakes and lizards for 10 years before the NY law changed.
Kick plans on pressing charges against the fired employee.
After a 6-week battle the Niagara County District Attorney, the Erie County SPCA and Pets Plus counsel reached a settlement in the Lockport City Court.
The settlement will dismiss the 36 animal cruelty charges as lon as the corporation is not charged ith anything else in the next 6 months. The SPCA will return 87 of the animals and Kick will give up 72 of them to the SPCA. The store will pay $1,350 for the care of the animals and is subject to quarterly inspections for the next 3 years by the Niagra County SPCA.
Kick stated that the animals being returned are valued at $15,500. Of the 72 animals, including gecko'sand tree frogs, that the SPCA is keeping because they are ill came from Indonesia.
The red tagged animals - deemed illegal are going to be sold to states where they are legal to own.
Reference:
| Tonawanda News | Lockport Union-Sun & Journal |
| WCAX | WIVB |
| WKBW RTN11 | WBEN |
| WGRZ | Buffalo News |