____Thank you all for your continued support!!
Nitro's Law was signed into law on June 30, 2013!
Nitro’s Law covers more than just boarding kennels. The bill would protect animals wherever a kennel license is in effect with the exception of large breeding facility (puppy mill). That means any facility that holds a COMMERCIAL kennel license, whether it be a boarding, training, breeder, rescue facility.
Nitro's Law was reintroduced in the 130th General Assembly on February 28, 2013 as House Bill 90 has been assigned to the Agriculture and Natural Resources Committee - Sponsor Testimony was on April, 9th 2013, Proponent Testimony was on April 23, 2013 and Opponent (Interested Party) Testimony was on April 30, 2013 - it unanimously passed out of committee on the same day! In June Nitro's Law was put into the Budget Bill and was signed into law by the Governor on June 30, 2013!
Please continue to write/call your
Ohio State Senator & Representative requesting their support and yes vote!
Senators- www.ohiosenate.gov/
Representatives- www.ohiohouse.gov/
"Nitro was not a Democrat, Republican, Liberal or a Conservative....
he was My Boy."
Nitro's Law was signed into law on June 30, 2013!
Nitro’s Law covers more than just boarding kennels. The bill would protect animals wherever a kennel license is in effect with the exception of large breeding facility (puppy mill). That means any facility that holds a COMMERCIAL kennel license, whether it be a boarding, training, breeder, rescue facility.
Nitro's Law was reintroduced in the 130th General Assembly on February 28, 2013 as House Bill 90 has been assigned to the Agriculture and Natural Resources Committee - Sponsor Testimony was on April, 9th 2013, Proponent Testimony was on April 23, 2013 and Opponent (Interested Party) Testimony was on April 30, 2013 - it unanimously passed out of committee on the same day! In June Nitro's Law was put into the Budget Bill and was signed into law by the Governor on June 30, 2013!
Please continue to write/call your
Ohio State Senator & Representative requesting their support and yes vote!
Senators- www.ohiosenate.gov/
Representatives- www.ohiohouse.gov/
"Nitro was not a Democrat, Republican, Liberal or a Conservative....
he was My Boy."
2012
Nitro's Law House Bill 108 died in the 129th General Assembly on December 31, 2012. Discarded, neglected, and starved to death in the hands of the Ohio Senate; just as the original heinous crime of 19 starved K-9s for which the Bill was written.
Nitro's Law is now known as House Bill 108
The bill is being sponsored by Representatives Gerberry and Hagan
Cosponsors: Representatives Weddington, Winburn, Garland, Antonio, Blessing, Carney, Celebrezze, Cera, Duffey, Fedor, Foley, Goyal, Hagan, C., Henne, Letson, Luckie, Lundy, Mallory, Milkovich, Murray, O'Brien, Okey, Phillips, Ramos, Szollosi, Yuko
http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_108
Nitro's Law is now known as House Bill 108
The bill is being sponsored by Representatives Gerberry and Hagan
Cosponsors: Representatives Weddington, Winburn, Garland, Antonio, Blessing, Carney, Celebrezze, Cera, Duffey, Fedor, Foley, Goyal, Hagan, C., Henne, Letson, Luckie, Lundy, Mallory, Milkovich, Murray, O'Brien, Okey, Phillips, Ramos, Szollosi, Yuko
http://www.legislature.state.oh.us/bills.cfm?ID=129_HB_108
2011
_NITRO'S LAW & Animal Companion Lobby Day 2011 in Columbus, Ohio was a complete success! All of the proponent testimonies at the 2nd committee hearing were fantastic.
Representative Gerberry (Nitro's Law/HB108 sponsor)
did a press release on Nitro's Law with excellent media coverage.
Liz (Nitro's mom) was given an award, with plenty of photos,
media interviews, and full testimony transcripts to come.
Tom's (Nitro's Dad) speech and testimony was outstanding and
a resounding success with many tears shed on both sides of the
aisles from audience members especially at his climactic ending of
"Nitro was not a Democrat, Republican, Liberal or a Conservative....he was My Boy."
Representative Gerberry (Nitro's Law/HB108 sponsor)
did a press release on Nitro's Law with excellent media coverage.
Liz (Nitro's mom) was given an award, with plenty of photos,
media interviews, and full testimony transcripts to come.
Tom's (Nitro's Dad) speech and testimony was outstanding and
a resounding success with many tears shed on both sides of the
aisles from audience members especially at his climactic ending of
"Nitro was not a Democrat, Republican, Liberal or a Conservative....he was My Boy."
_
Nitro's Law was reintroduced
February 16, 2011 as House Bill 108!
Nitro's Law was reintroduced
February 16, 2011 as House Bill 108!
Valley lawmakers target abusive pet owners
Two Democratic lawmakers say they will reintroduce legislation allowing increased criminal penalties against kennel owners who abuse or neglect pets.
State Rep. Ronald V. Gerberry, from Austintown, and Rep. Bob Hagan, from Youngstown, offered comparable legislation last session after an incident at a Youngstown kennel.
“If you are the owner of a kennel and you mistreat an animal, the county prosecutor or the city prosecutor should have the right to charge you with a felony,” Gerberry said. “[I’m] not saying they have to but saying they should have that option.”
The proposed legislation would have enabled prosecutors to seek felony charges against kennel owners who abuse animals in their care. About 45 other states already rank some animal- cruelty charges as felonies.
“The abuse of someone’s pet is deplorable and disgusting,” Gerberry said in a released statement.
Hagan added in the statement: “Every time you pick up the paper or turn on the news you hear about another case of animal abuse. This bill will give local prosecutors the necessary tools to punish those inflicting cruel and unusual punishment on pets.”
The two lawmakers offered the legislation in response to an October 2008 incident in which humane agents found 15 dogs dead or dying at the High Caliber K-9 on Coitsville-Hubbard Road near Youngstown.
The kennel operator initially faced 19 counts of cruelty to animals, but those charges were later reduced to four with misdemeanor penalties.
The bill is being called Nitro’s Law, after one of the dogs that died at the Kennel. Comparable legislation cleared the Ohio House last session on a split vote but died in the Ohio Senate.
“We’ll see if we can get any further this time,” Gerberry said.
http://www.vindy.com/news/2011/feb/26/2-lawmakers-target-neglectful-pet-owners/
Two Democratic lawmakers say they will reintroduce legislation allowing increased criminal penalties against kennel owners who abuse or neglect pets.
State Rep. Ronald V. Gerberry, from Austintown, and Rep. Bob Hagan, from Youngstown, offered comparable legislation last session after an incident at a Youngstown kennel.
“If you are the owner of a kennel and you mistreat an animal, the county prosecutor or the city prosecutor should have the right to charge you with a felony,” Gerberry said. “[I’m] not saying they have to but saying they should have that option.”
The proposed legislation would have enabled prosecutors to seek felony charges against kennel owners who abuse animals in their care. About 45 other states already rank some animal- cruelty charges as felonies.
“The abuse of someone’s pet is deplorable and disgusting,” Gerberry said in a released statement.
Hagan added in the statement: “Every time you pick up the paper or turn on the news you hear about another case of animal abuse. This bill will give local prosecutors the necessary tools to punish those inflicting cruel and unusual punishment on pets.”
The two lawmakers offered the legislation in response to an October 2008 incident in which humane agents found 15 dogs dead or dying at the High Caliber K-9 on Coitsville-Hubbard Road near Youngstown.
The kennel operator initially faced 19 counts of cruelty to animals, but those charges were later reduced to four with misdemeanor penalties.
The bill is being called Nitro’s Law, after one of the dogs that died at the Kennel. Comparable legislation cleared the Ohio House last session on a split vote but died in the Ohio Senate.
“We’ll see if we can get any further this time,” Gerberry said.
http://www.vindy.com/news/2011/feb/26/2-lawmakers-target-neglectful-pet-owners/
2010
On
December 31, 2010 after being held captive by the Ohio Senate for close
to 1 year,
the Bill 'NITRO'S LAW HB70' quietly died. Discarded, neglected, and starved to
death in the hands of the Ohio Senate; just as the original heinous crime of 19
starved K-9s for which the Bill was written.
WE AREN'T LOUD ENOUGH!
Earlier in 2010 - House Bill 70 - NITRO'S LAW passes the House
and moves to the Ohio Senate for consideration.
59-36 in favor of HB 70 NITRO'S LAW.
the Bill 'NITRO'S LAW HB70' quietly died. Discarded, neglected, and starved to
death in the hands of the Ohio Senate; just as the original heinous crime of 19
starved K-9s for which the Bill was written.
WE AREN'T LOUD ENOUGH!
Earlier in 2010 - House Bill 70 - NITRO'S LAW passes the House
and moves to the Ohio Senate for consideration.
59-36 in favor of HB 70 NITRO'S LAW.
Bill would make some animal abuse a felony
A bill introduced today by two Ohio House members from Mahoning County would make animal abuse by its custodian or caregiver a felony.
The proposed law change stems from an incident that occurred in Youngstown in October 2008, said state Reps. Ronald V. Gerberry of Austintown, D-59th, and Robert F. Hagan of Youngstown, D-60th, the bill’s sponsors.
Steve Croley, 38, of Lowellville, operated High Caliber K-9 on Coitsville-Hubbard Road in Youngstown, where seven dead and 12 starving dogs were found. He was convicted in January of four misdemeanor counts of animal cruelty and sentenced to four months in jail and a $1,000 fine.
Youngstown Mayor Jay Williams and city Prosecutor Jay Macejko had encouraged state legislators to elevate animal cruelty to a felony from a misdemeanor, which is punishable by up to six months incarceration. The crime is a felony in 45 other states.
The abuse of someone’s pet is deplorable and this bill will make each occurrence of abuse a fifth-degree felony,” Gerberry said. “This means for each incident, the court can assign a sentence of up to 12 months in jail.”
“This legislation embodies a measured approach to dealing with similar situations in the future,” Hagan added. “It will give local prosecutors the necessary tools to punish those inflicting cruel and unusual punishment on pets.”
The law must pass the House and the state Senate and be signed by the governor before it could take effect.
http://www.vindy.com/news/2009/mar/10/bill-would-make-some-animal-abuse-a-felony/
The proposed law change stems from an incident that occurred in Youngstown in October 2008, said state Reps. Ronald V. Gerberry of Austintown, D-59th, and Robert F. Hagan of Youngstown, D-60th, the bill’s sponsors.
Steve Croley, 38, of Lowellville, operated High Caliber K-9 on Coitsville-Hubbard Road in Youngstown, where seven dead and 12 starving dogs were found. He was convicted in January of four misdemeanor counts of animal cruelty and sentenced to four months in jail and a $1,000 fine.
Youngstown Mayor Jay Williams and city Prosecutor Jay Macejko had encouraged state legislators to elevate animal cruelty to a felony from a misdemeanor, which is punishable by up to six months incarceration. The crime is a felony in 45 other states.
The abuse of someone’s pet is deplorable and this bill will make each occurrence of abuse a fifth-degree felony,” Gerberry said. “This means for each incident, the court can assign a sentence of up to 12 months in jail.”
“This legislation embodies a measured approach to dealing with similar situations in the future,” Hagan added. “It will give local prosecutors the necessary tools to punish those inflicting cruel and unusual punishment on pets.”
The law must pass the House and the state Senate and be signed by the governor before it could take effect.
http://www.vindy.com/news/2009/mar/10/bill-would-make-some-animal-abuse-a-felony/
Ohio’s in line for stricter laws against animal abuse
Ohio’s in line for stricter laws against animal abuse
It’s been tried before and failed, but that is no reason to give up.
It is passage of an Ohio law that would elevate acts of extreme animal abuse to a felony, rather than a misdemeanor.
The most recent attempt at toughening abuse statutes was a bill introduced in the last session of the Legislature by state Reps. Courtney Combs, R-54th, and Brian Williams, D-41st. The legislation died in committee last March.
This month, Youngstown Mayor Jay Williams and City Prosecutor Jay Macejko asked state Reps. Robert F. Hagan of Youngstown, D-60th, and Ronald V. Gerberry of Austintown, D-59th, to introduce a similar bill.
The need for tougher laws became a Youngstown issue after seven dead and 12 starving dogs were discovered in October at High Caliber K-9, a kennel on Coitsville-Hubbard Road. Through a variety of missteps, the owner, Steve Croley got off with just four months in jail. Only four misdemeanor charges were pursued, and through a plea bargain he got off with less than the maximum sentence on those.
Had the law provided for felony charges, prosecutors would have been in a position to drive a harder bargain.
The penalty now for first-degree misdemeanor animal cruelty is up to six months in jail. If a fifth-degree felony is added to the law, the penalty would be six months to one year in prison.
Three-pronged attack
An advocacy group for stronger penalties, the Coalition for Animal Justice, says there are three weak links in the justice system that need to be strengthened.
Investigation: Animal cruelty investigations are usually not handled by the police. They are handled by the Society for the Prevention of Cruelty to Animals or animal control officers who are not necessarily trained or focused on pursuing criminal charges against animal abusers.
Prosecution: Too few prosecutors vigorously pursue conviction in animal abuse cases or seek the toughest penalties provided by law.
Sentencing: The maximum sentences for cruel and intentional violent crimes against animals do not fit the crime in severe cases, and the minimum sentences amount to a slap on the wrist.
Ohio is one of a minority of states that does not provide for a felony charge on a first instance of animal abuse, regardless of how cruel or extreme the case may be. That should change.
Ohio lawmakers might also consider the established link that’s been found between animal abuse by young people and later acts of violence or cruelty against people. Requiring psychological evaluation of juveniles who are found to have tortured animals would be to the benefit of the juveniles, their families and society at-large.
The only good that could come out of the abuse and death of the dogs Steve Croley was supposed to be caring for would be an animal protection law that would bring Ohio into line with most other states.
http://www.vindy.com/news/2009/feb/13/ohio8217s-in-line-for-stricter-laws-against/
It’s been tried before and failed, but that is no reason to give up.
It is passage of an Ohio law that would elevate acts of extreme animal abuse to a felony, rather than a misdemeanor.
The most recent attempt at toughening abuse statutes was a bill introduced in the last session of the Legislature by state Reps. Courtney Combs, R-54th, and Brian Williams, D-41st. The legislation died in committee last March.
This month, Youngstown Mayor Jay Williams and City Prosecutor Jay Macejko asked state Reps. Robert F. Hagan of Youngstown, D-60th, and Ronald V. Gerberry of Austintown, D-59th, to introduce a similar bill.
The need for tougher laws became a Youngstown issue after seven dead and 12 starving dogs were discovered in October at High Caliber K-9, a kennel on Coitsville-Hubbard Road. Through a variety of missteps, the owner, Steve Croley got off with just four months in jail. Only four misdemeanor charges were pursued, and through a plea bargain he got off with less than the maximum sentence on those.
Had the law provided for felony charges, prosecutors would have been in a position to drive a harder bargain.
The penalty now for first-degree misdemeanor animal cruelty is up to six months in jail. If a fifth-degree felony is added to the law, the penalty would be six months to one year in prison.
Three-pronged attack
An advocacy group for stronger penalties, the Coalition for Animal Justice, says there are three weak links in the justice system that need to be strengthened.
Investigation: Animal cruelty investigations are usually not handled by the police. They are handled by the Society for the Prevention of Cruelty to Animals or animal control officers who are not necessarily trained or focused on pursuing criminal charges against animal abusers.
Prosecution: Too few prosecutors vigorously pursue conviction in animal abuse cases or seek the toughest penalties provided by law.
Sentencing: The maximum sentences for cruel and intentional violent crimes against animals do not fit the crime in severe cases, and the minimum sentences amount to a slap on the wrist.
Ohio is one of a minority of states that does not provide for a felony charge on a first instance of animal abuse, regardless of how cruel or extreme the case may be. That should change.
Ohio lawmakers might also consider the established link that’s been found between animal abuse by young people and later acts of violence or cruelty against people. Requiring psychological evaluation of juveniles who are found to have tortured animals would be to the benefit of the juveniles, their families and society at-large.
The only good that could come out of the abuse and death of the dogs Steve Croley was supposed to be caring for would be an animal protection law that would bring Ohio into line with most other states.
http://www.vindy.com/news/2009/feb/13/ohio8217s-in-line-for-stricter-laws-against/
Tougher animal penalties sought
YOUNGSTOWN — The mayor and city prosecutor have asked two state representatives to introduce legislation that would elevate certain acts of animal cruelty to a felony charge.
In a letter to Robert F. Hagan of Youngstown, D-60th, and Ronald V. Gerberry of Austintown, D-59th, Mayor Jay Williams and City Prosecutor Jay Macejko cite the need for legislation to bring Ohio in line with 45 other states that define certain acts of animal cruelty as a felony or provide felony-level penalties even though an offense is not specifically defined as a felony.
“Sadly, Ohio is in the minority that only provides misdemeanor penalties regardless of the extent of the cruelty,” Macejko said in the letter. He said the goal of bringing Ohio in line with the vast majority of the country could be accomplished by amending the penalty section of the current law.
The letter gives a synopsis of what happened at High Caliber K-9, a kennel that operated on Coitsville-Hubbard Road until October when seven dead and 12 starving dogs were found on the property. Steve Croley, the operator, reached a plea agreement and pleaded guilty to four misdemeanor counts of animal cruelty and began serving a four-month jail sentence Jan. 23.
Macejko noted in the letter that Croley did not face 19 counts due to legal missteps on the part of Animal Charity humane agents. He said the agents who entered the property took the necessary moral, but not the necessary legal, action.
“To be blunt, misdemeanor penalties are not enough for what happened here, regardless of the number of offenses,” Macejko wrote. “The macabre suffering that happened at High Caliber in late October is almost beyond comprehension.”
He said limiting the felony charge to situations where animals die and to businesses that provide kenneling of animals would provide prosecutors “the tools necessary to punish these nefarious deeds.”
The penalty now for first-degree misdemeanor animal cruelty is up to six months in jail. If a fifth-degree felony is added to the law, the penalty would be six months to one year in prison.
Gerberry said he met with the Ohio Legislative Service Commission, the drafting arm for legislation, this past week to discuss amending the existing animal cruelty law to include a fifth-degree felony. He said he should have a draft of the legislation in the next week or two and will ask Macejko to review it and see if it meets his and the mayor’s criteria.
Service commission staff reviews all bills before their introduction in the General Assembly to make certain that each bill is drafted in conformity with required technical standards. The staff also monitors all legislation moving through the General Assembly and attempts to minimize the possibility of technical conflict that could occur if two bills amending the same section of law are enacted during the same session.
Gerberry said the judge should have a little more latitude when it comes to sentencing.
“I don’t want to tie him up where he can’t dispense the penalty that meets the crime,” the state representative said. “I want to give the judge an opportunity to look at a specific case and say maybe it doesn’t meet the level of a felony or it does.”
Gerberry said it was “terrible, unbelievable” what happened to the dogs at High Caliber K-9. “You wonder what he was thinking, I just don’t understand.”
Hopefully, the legislation has a good chance of passing, he said.
The possibility of having Youngstown police cross-trained to deal with humane agent calls is being discussed. Macejko said this past week he remains hopeful that a small number of officers could be cross-trained.
“It appears that the number of such calls is on the increase and, unfortunately, the severity of the offenses appears to be increasing,” the prosecutor said. “At this point, the city is almost entirely dependent upon outside agencies to provide humane services, and the last thing we want to do is overwhelm the existing network.”
Hagan could not be reached.
“It’s about time Ohio says ‘Yeah, let’s do this.’ When someone kills an animal they need to be in the [prison] system,” said Dave Nelson, assistant Mahoning County dog warden. “I think it should get support — who would oppose? I know it’s been tried before, but the crimes are more violent now.”
He said if the law passes it will be a win-win situation, another tool to use to punish deliberately cruel acts. There have been countless times, he said, when animals died and the felony punishment would have applied.
http://www.vindy.com/news/2009/feb/02/tougher-animal-penalties-soughtsflbcity-leaders/
In a letter to Robert F. Hagan of Youngstown, D-60th, and Ronald V. Gerberry of Austintown, D-59th, Mayor Jay Williams and City Prosecutor Jay Macejko cite the need for legislation to bring Ohio in line with 45 other states that define certain acts of animal cruelty as a felony or provide felony-level penalties even though an offense is not specifically defined as a felony.
“Sadly, Ohio is in the minority that only provides misdemeanor penalties regardless of the extent of the cruelty,” Macejko said in the letter. He said the goal of bringing Ohio in line with the vast majority of the country could be accomplished by amending the penalty section of the current law.
The letter gives a synopsis of what happened at High Caliber K-9, a kennel that operated on Coitsville-Hubbard Road until October when seven dead and 12 starving dogs were found on the property. Steve Croley, the operator, reached a plea agreement and pleaded guilty to four misdemeanor counts of animal cruelty and began serving a four-month jail sentence Jan. 23.
Macejko noted in the letter that Croley did not face 19 counts due to legal missteps on the part of Animal Charity humane agents. He said the agents who entered the property took the necessary moral, but not the necessary legal, action.
“To be blunt, misdemeanor penalties are not enough for what happened here, regardless of the number of offenses,” Macejko wrote. “The macabre suffering that happened at High Caliber in late October is almost beyond comprehension.”
He said limiting the felony charge to situations where animals die and to businesses that provide kenneling of animals would provide prosecutors “the tools necessary to punish these nefarious deeds.”
The penalty now for first-degree misdemeanor animal cruelty is up to six months in jail. If a fifth-degree felony is added to the law, the penalty would be six months to one year in prison.
Gerberry said he met with the Ohio Legislative Service Commission, the drafting arm for legislation, this past week to discuss amending the existing animal cruelty law to include a fifth-degree felony. He said he should have a draft of the legislation in the next week or two and will ask Macejko to review it and see if it meets his and the mayor’s criteria.
Service commission staff reviews all bills before their introduction in the General Assembly to make certain that each bill is drafted in conformity with required technical standards. The staff also monitors all legislation moving through the General Assembly and attempts to minimize the possibility of technical conflict that could occur if two bills amending the same section of law are enacted during the same session.
Gerberry said the judge should have a little more latitude when it comes to sentencing.
“I don’t want to tie him up where he can’t dispense the penalty that meets the crime,” the state representative said. “I want to give the judge an opportunity to look at a specific case and say maybe it doesn’t meet the level of a felony or it does.”
Gerberry said it was “terrible, unbelievable” what happened to the dogs at High Caliber K-9. “You wonder what he was thinking, I just don’t understand.”
Hopefully, the legislation has a good chance of passing, he said.
The possibility of having Youngstown police cross-trained to deal with humane agent calls is being discussed. Macejko said this past week he remains hopeful that a small number of officers could be cross-trained.
“It appears that the number of such calls is on the increase and, unfortunately, the severity of the offenses appears to be increasing,” the prosecutor said. “At this point, the city is almost entirely dependent upon outside agencies to provide humane services, and the last thing we want to do is overwhelm the existing network.”
Hagan could not be reached.
“It’s about time Ohio says ‘Yeah, let’s do this.’ When someone kills an animal they need to be in the [prison] system,” said Dave Nelson, assistant Mahoning County dog warden. “I think it should get support — who would oppose? I know it’s been tried before, but the crimes are more violent now.”
He said if the law passes it will be a win-win situation, another tool to use to punish deliberately cruel acts. There have been countless times, he said, when animals died and the felony punishment would have applied.
http://www.vindy.com/news/2009/feb/02/tougher-animal-penalties-soughtsflbcity-leaders/
Youngstown officials seek tougher
state penalties for animal cruelty
YOUNGSTOWN — The mayor and city prosecutor have asked two state representatives to introduce legislation that would elevate certain acts of animal cruelty to a felony charge.
In a letter to Robert F. Hagan of Youngstown, D-60th, and Ronald V. Gerberry of Austintown, D-59th, Mayor Jay Williams and City Prosecutor Jay Macejko cite the need for legislation to bring Ohio in line with 45 other states that define certain acts of animal cruelty as a felony or provide felony-level penalties even though an offense is not specifically defined as a felony.
“Sadly, Ohio is in the minority that only provides misdemeanor penalties regardless of the extent of the cruelty,” Macejko said in the letter. He said the goal of bringing Ohio in line with the vast majority of the country could be accomplished by amending the penalty section of the current law.
The letter gives a synopsis of what happened at High Caliber K-9, a kennel that operated on Coitsville-Hubbard Road until October when seven dead and 12 starving dogs were found on the property. Steve Croley, the operator, reached a plea agreement and pleaded guilty to four misdemeanor counts of animal cruelty and began serving a four-month jail sentence Jan. 23.
Macejko noted in the letter that Croley did not face 19 counts due to legal missteps on the part of Animal Charity humane agents. He said the agents who entered the property took the necessary moral, but not the necessary legal, action.
“To be blunt, misdemeanor penalties are not enough for what happened here, regardless of the number of offenses,” Macejko wrote. “The macabre suffering that happened at High Caliber in late October is almost beyond comprehension.”
He said limiting the felony charge to situations where animals die and to businesses that provide kenneling of animals would provide prosecutors “the tools necessary to punish these nefarious deeds.”
The penalty now for first-degree misdemeanor animal cruelty is up to six months in jail. If a fifth-degree felony is added to the law, the penalty would be six months to one year in prison.
In a letter to Robert F. Hagan of Youngstown, D-60th, and Ronald V. Gerberry of Austintown, D-59th, Mayor Jay Williams and City Prosecutor Jay Macejko cite the need for legislation to bring Ohio in line with 45 other states that define certain acts of animal cruelty as a felony or provide felony-level penalties even though an offense is not specifically defined as a felony.
“Sadly, Ohio is in the minority that only provides misdemeanor penalties regardless of the extent of the cruelty,” Macejko said in the letter. He said the goal of bringing Ohio in line with the vast majority of the country could be accomplished by amending the penalty section of the current law.
The letter gives a synopsis of what happened at High Caliber K-9, a kennel that operated on Coitsville-Hubbard Road until October when seven dead and 12 starving dogs were found on the property. Steve Croley, the operator, reached a plea agreement and pleaded guilty to four misdemeanor counts of animal cruelty and began serving a four-month jail sentence Jan. 23.
Macejko noted in the letter that Croley did not face 19 counts due to legal missteps on the part of Animal Charity humane agents. He said the agents who entered the property took the necessary moral, but not the necessary legal, action.
“To be blunt, misdemeanor penalties are not enough for what happened here, regardless of the number of offenses,” Macejko wrote. “The macabre suffering that happened at High Caliber in late October is almost beyond comprehension.”
He said limiting the felony charge to situations where animals die and to businesses that provide kenneling of animals would provide prosecutors “the tools necessary to punish these nefarious deeds.”
The penalty now for first-degree misdemeanor animal cruelty is up to six months in jail. If a fifth-degree felony is added to the law, the penalty would be six months to one year in prison.
_A letter from Ronald V. Gerberry (State Representative, 59th House District)
Mr. Gerberry was surprised that the unbelievable animal cruelty that took place did not warrant much starker penalties. With that in mind, he recently met with the Legislative Service Commission to develop legislation that increases punishment/ penalties on individuals who abuse animals. Specifically, his proposal will make animal abuse a 5th degree felony. Below is the letter available for download. |