DA Porsch Seneca County Sheriff Jack S. Stenberg and District Attorney Barry Porsch announced today the arrest of DAVID B. YODER, age 45, 5929 Route 414, Romulus, New York. Yoder was charged with multiple counts of Inhumane Destruction of a dog involving the deaths of seventy four (74) dogs. This morning, YODER was arraigned in Romulus Town Court before Justice Donald Greule. At his arraignment, YODER, with the assistance of counsel, pled guilty as charged and was fined $300.00 along with a $205.00 State mandated surcharge.It was alleged in the complaint filed by Sheriff’s Investigators that on July 3, 2010, Yoder used carbon monoxide emissions from a gas powered engine fifteen (15) times to kill seventy – four (74) dogs.“The actual onus of the crime is the use of the carbon monoxide emissions to euthanize the dogs” according to First Assistant District Attorney Mark Sinkiewicz, of the Seneca County District Attorney’s Office.“On Wednesday, we presented the results of our criminal investigation to the Seneca County District Attorney’s Office who after reviewing the results of our investigation recommended Yoder be charged as indicated. Our investigation determined on July 3, 2010, carbon monoxide emissions were used to kill seventy four (74) dogs and on July 8, 2010, a local veterinarian euthanized another ten (10) dogs by accepted methods. Those remains were sent to Cornell University for further scientific study”, said Stenberg.“In late July, more than two weeks after seventy four (74) dogs were illegally euthanized in Seneca County, the USDA contacted our Office to “give us a heads up” they were conducting an investigation involving dogs being put down at a local farm. We were surprised to learn last week from the local SPCA that the USDA report had been completed and made available to the public on the USDA website. Once we became aware of the contents of the USDA report our Office in conjunction with the Seneca County District Attorney’s Office commenced a criminal investigation” continued Sheriff Stenberg.“Since commencing our investigation, the USDA has since reported to us that there is a wide range of mitigating factors involving this case and they still have it under investigation. We do not have a date when it may be completed” said Stenberg. Sheriff’s Investigators spent the past week conducting interviews, securing statements and gathering evidence. The Yoder’s have been forthcoming and cooperative in our investigation.“The USDA report indicates the Yoder kennel was riddled with canine brucellosis for over a year and in July of this year the situation deteriorated to a point where Mr. Yoder made the decision to depopulate the kennel of all dogs as he was advised to do by the USDA and his veterinarian. He decided to do so in a manner he felt was the most humane for several reasons, such as, he had witnessed his own dog being put down with an injection and felt the dog suffered, the delay in putting together a team of veterinarians to come to his kennel, which he was told would take two weeks to put the dogs down and advice from other kennel owners. The fact remains, it is against the law in New York State to euthanize animals in the way he allegedly did and without oversight by licensed veterinarians”, continued the Sheriff. The USDA report acknowledges that Mr. Yoder turned his kennel license over to the USDA.“Since this case broke, the Yoder’s and others have received graphic hate mail and death threats against them and their families. We want the record to be clear that we will not tolerate threats of intimidation or violence. This matter was resolved in the Courts where it should be”, said Stenberg. The Sheriff has indicated that he will reach out to organizers of an upcoming peaceful protest in an effort to provide for their Constitutional right to protest while at the same time ensuring no harm comes to anyone” said Sheriff Stenberg. The Sheriff emphasized that there is no known connection to the demonstration proposed and the threats received by Yoder and his family.“We take very seriously any allegation of suspected animal abuse and will work with any State or Federal agency whose job it is for the oversight of these type operations” said Stenberg. The case was prosecuted by First Assistant District Attorney Mark Sinkiewicz under the direction of Seneca County District Attorney Barry Porsch.
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