EQUINE PROTECTION NETWORK

NY Shipper Guilty of Illegal Transport, Again!

Note: Governor Pataki closed the loophole that allowed Kiehl to plead to lesser charges.

Arlow Kiehl Pleads Guilty Again In NY to Illegal Transport

Barker, NY- Arlow Kiehl, Watertown, NY pled guilty in Barker, NY Town Court on December 21, 2001 to one misdemeanor count of New York Agriculture & Markets Law, Article 26, Section 359-a. Kiehl paid the maximum fine of $1000.00. In addition Kiehl received a conditional discharge. Kiehl's activity will be monitored for one year in lieu of imposed jail time.

Kiehl purchased horses at the New Holland Sales Stables on Feb. 19, 2001. Kiehl loaded cattle into the nose deck of the trailer at New Holland. Kiehl then had other dealers, including Zweist, bring him the horses at the Lebanon Valley Livestock Market in Fredricksburg, PA. Under the cover of darkness the men unloaded the horses from the stock trailers into the sale barn & then forced the horses into the bottom deck of the Eby double deck cattle trailer.

New York State Police stopped Kiehl when he crossed into NY in the early morning hours of February 20, 2001 on I-81.

Kiehl purchased horses at the New Holland Sales Stables on Feb. 19, 2001. Kiehl loaded cattle into the nose deck of the trailer at New Holland. Kiehl then had other dealers, including Zweist, bring him the horses at the Lebanon Valley Livestock Market in Fredricksburg, PA. Under the cover of darkness the men unloaded the horses from the stock trailers into the sale barn & then forced the horses into the bottom deck of the Eby double deck cattle trailer.

Several horses desperately tried to avoid being loaded into the darkened bottom deck of the double deck cattle trailer. The terrified Standardbred, draft horses, pleasure horses and mule were forced through a loading chute by whips and what appears to be electric cattle prods. The horses can be heard scrambling for footing on the metal floors and ramps.

A picture of the opening that these horses were forced to jump down into is on the EPN website in the Slaughter section.

Drug runners use the cover of darkness to commit their illegal activity. Just as drug runners turn on the runway lights so the approaching aircraft can land, Kiehl flashed his lights in the darkness so the stock trailers could locate the double decker parked in the darkened parking lot.

Due to efforts by the EPN, NYSP have stepped up their enforcement of NY law banning the use of inhumane double deck cattle trailers to transport horses.

On August 25, 2001 PA outlawed the use of inhumane double deck cattle trailers to transport horses. The Horse Transport Law applies to all horses, no matter what their final destination.

The EPN sponsored the Horse Transport Bill and provided testimony, video and photographic evidence demonstrating the continued use of inhumane double deck cattle trailers to transport horses from PA horse auctions to slaughter for human consumption. The EPN also provided written support from PA and national horse organizations for our efforts to pass this legislation. Thousands of individuals also sent written support of the EPN's efforts to the PA legislature. The EPN pressed for a law that applied to ALL horses, not just slaughterbound, ensuring the successful prosecution of offenders. The EPN supported language that was engineering based, (specific) instead of performance based langue, (vague).

Kiehl History

Fines Paid under NY Ag & Markets, Section 359-a: $4600.00 Convicted on 55 counts of NY Ag & Markets Law, Section 359-a. 54 violations and 1 misdemeanor.

• December 21, 2001, Barker, NY - Kiehl convicted on one count of New York Ag & Markets, Section 359-a. Fines paid-$1000.00.
• June 25, 2001 Lancaster, PA - Kiehl's PA conviction was overturned on appeal in the Lancaster County Courthouse before Judge Farina. Judge Farina felt that the Commonwealth had not met it's burden of proof beyond a reasonable doubt. Judge Farina did believe that the Commonwealth had met it's burden of proof if this were a civil case instead of a criminal case. However Judge Farina did admonish Mr. Kiehl to not use a double deck trailer to transport horses again.
• February 20, 2001, Barker, NY- New York State Police Troopers Johnson, Riegal & Dengler stopped Kiehl on I-81 when he crossed into New York from PA. Kiehl charged with 32 misdemeanor counts of New York Ag & Markets, Section 359-a, the illegal transport of horses. Possible fines are $32,000.
  
• December 19, 2000 Barker, NY- Judge Annette M. Slocum fined Arlow Kiehl $300.00 on December 19, 2000 for 3 counts of the illegal transport of horses in violation of New York Ag & Markets Section 359-a. In a pre-trial conference on November 16, 1999 in Dickinson Town Court on 38 misdemeanor counts of the illegal transport of horses Mr. Kiehl's attorney, Joel Scelsci, rejected a plea offer extended by Broome County Assistant District Attorney, ADA, Kevin Graham. The case was later turned over to ADA Chris Simser. The misdemeanor counts were reduced to violations, also reducing the possible fines from $1000.00 per count to $250.00 per count for a total of $9500.00 instead of the original $38,000.


• August 15, 2001, Manheim Township, PA - Arlow Kiehl, Watertown, NY, was convicted of cruelty to horses for transporting 17 horses and mules in a double deck cattle trailer on August 15, 2000. District Justice David Miller found Mr. Kiehl guilty after a 2 hour hearing and fined him $200.00 plus court costs.


• June 26, 2000, Manheim Township, PA -PA State Police stopped a double deck cattle trailer carrying 17 horses and mules along with a number of hogs on Route 30 in Lancaster County Monday evening. PA State Police charged the owner of the double deck cattle trailer, Arlow Kiehl, Watertown, NY and the driver, Harold Rodgers, Lowville, NY with cruelty to animals under the current PA cruelty law, Title 18, Sec 5511(e),transporting animals in a cruel manner. Citations were also issued for Agricultural Code violations and traffic violations. Warnings were issued for numerous other violations. October 5, 1999, Nodine, MI - According to news reports and the MN State Patrol James Halbaidr, 53, of Cape Vincent, N.Y., was transporting 27 horses in a tractor trailer owned by Arlow Kiehl, Watertown, NY east on MN Interstate 90 about noon. Mr. Halbaidr exited the interstate at the Nodine exit, and was unable to stop at the stop sign at Winona County Road 22, crossing the road and continuing up the entrance ramp to I-90, before rolling the tractor trailer onto it's side. According to Trooper Steve Stromback of the MN State Patrol, the brakes are being looked at as a possible 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 .


• Nine of the twenty-seven horses being shipped from Mandan, North Dakota to MA for resale, died as a result of the accident. The accident occurred on the entrance ramp to I-90, near the Nodine Truck Stop. The remaining 18 horses were transported to a local farm for treatment. Three of the horses are still receiving veterinary care and the other 15 horses have been released from the farm.


• August 17, 1999, Dickinson, NY - Mr. Kiehl was stopped by New York State Police Sergeant Theodore Shattaro and Trooper Terry Ginyard on I-81 northbound. There were 19 horses on the double deck cattle trailer. 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.


• April 5, 1999, New Holland, PA - Pennsylvania State Troopers served Arlow Kiehl, Watertown, NY with a warrant for his arrest inside a New Holland, PA auction barn for failure to answer a non traffic citation issued by the Pennsylvania State Police in November 1998. February 3, 1999, Kirkwood, NY - Found guilty after trial 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.


• December 9, 1998, Cortlandville, NY - Mr. Kiehl found not guilty in a jury trial 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 3" to 4" beams that protrude below the low ceiling, to be hazardous to horses. The presiding Judge ordered that the jury could not be told the destination of the horses, stating it would be prejudicial. The jury, not knowing the horses were destined for slaughter, did not believe that Mr. Kiehl would injure his own horses.


• December 7 1998, Kirkwood, NY - New York State Trooper Michael J. Connelly arrested a driver for Arlow Kiehl, Carlton H. Simmons for transporting horses illegally in violation of New York State Agriculture and Markets Law, Section 359-a. Mr. Simmons had 17 horses and unknown number of hogs on the double deck trailer, with the hogs being transported on the top tier of the double deck trailer. 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.


• August 24, 1998, Cortlandville, NY -New York State Police Troopers Marc E. Hickey and Kenneth A. Layman, assisted by Trooper Richard Cecil, arrested Arlow Kiehl, Watertown, NY on Monday, August 24, 1998 on I-81 North at 11:45 PM 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.


• June 9, 1999, Barker, NY- Arlow Kiehl pled guilty and paid a $500 fine on June 9,1998 in Barker Town Court to 17 counts of violating New York Agricultural & Markets Law, Section 359-a.


• June 23, 1998, Pebble, NY - Mr. Kiehl pled guilty in Pebble Town Court to 26 counts of illegally transporting horses in violation of New York Agriculture and Markets Law, Section 359a and was fined $2000.00.


• March 23 1998, Barker, NY - Mr. Kiehl was arrested by New York State Trooper Terry Ginyard on I-81 in Barker, NY. Mr. Kiehl had 17 horses purchased from a PA auction barn bound for a Canadian slaughterhouse. Mr. Kiehl's trailer lacked the required second doorway for a trailer carrying 6 or more horses. Ag & Markets, Section 359-a(i).


• February 1998, Pebble, NY - Mr. Kiehl arrested on Monday February 23, 1998 in Preble, NY on I-81 by New York State Trooper, Kevin Sturmer. The 22 horses had come from a PA auction barn.


• May 1998, Painted Post, NY - Mr. Kiehl was cited by the New York State Police for violations involving the Motor Vehicle Code.


• April 1998, New Holland, PA - 2 Standardbreds and a mule with broken legs were found on Mr. Kiehl's trailer at New Holland. Two of the animals were euthanised by an equine veterinarian.