WANTED - NY - Carper of Camelot Auctions, NJ on $11,000 in fines!
New Jersey man fined for illegal transport of horses
By John Duval, Valley News
Elizabethtown, NY
April 27, 1994
SCHROON LAKE--A 21-year-old New Jersey truck driver was fined more than $11,000 in Schroon town court Monday, April 18. The action came after his arrest for improperly transporting horses from his state to a Canadian slaughterhouse.
According to town court and the Essex County District District Attorney's office, David A. Carper, 21, was arrested by Schroon-based state police on Jan. 27. County officials said he had stopped his tractor trailer rig that night at a rest area off I-87. State troopers while checking out the area found Carper was carrying 40 horses in a bi-level or two tier truck. Such transportation of animals is illegal in New York State.
He was originally charged with 150 counts of violating the state's agriculture and markets law which governs the transportation of animals. Carper, from Cranbury, N.J., was identified as a driver for Frank Carper, identified as his father, also from Cranbury, N.J. Shortly after his Jan. 27 arrest, he was released on $500 bail to reappear in town court.
A nine-hour town court trial was held April 13. The county district attorney's office was represented by Assistant District Attorney Deborah Whitson. Carper was represented at the trial by Attorney Albert Carilli of New Jersey.
Troopers Thomas Garcia and Donald Messings, who arrested Carper, also were at the trail providing testimony. Whitson told the Times of Ti, some evidence at the scene at arrest time couldn't be properly recorded by troopers. She said 35-degree below zero temperatures prevented troopers from being able to adequately take enough photographs at the arrest scene. "Even pens would stop working because of the cold," Whitson said.
Whitson said the troopers allegedly found the horses in Carper's truck were so cold some had their eyes frosted over. Others were found slipping on frozen urine inside the truck. Whitson said Carper could have also been charged for not having barriers set up inside the truck separating some of the horses and for not having a non-skid floor inside the vehicle for the animals.
Carilli argued in court it was improper far the state to lodge a distinct charge for each horse that was transported in violation of the state regulations. He urged the charges should be linked to the trailer and he asked the number of charges be dropped from 150 to four. Whitson argued the statute was designed to protect the horses and the per horse charges were proper.
As a result of the April 13 trial, the original 150 counts of violating the agriculture and markets were reduced to 110 counts. Carper was found guilty by Town Justice Jean R. Strothenke who decided her ruling on the case during the weekend of April 16 and 17.
Strothenke explained the offense was dropped as a misdemeanor to a violation offense. Carper was allowed to remain free on bail. The judge announced her decision setting the fines April 19. The judge said Carper would be notified of the court action.
FINES REMAIN UNPAID!!!
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