31 Horses Seized from Double Decker - 61 Charges Filed
On the afternoon of Tuesday, September 4, 2001, Pennell Hopkins, Pennsylvania SPCA humane officer, and New Holland Police Officer Troy Deshong pulled over a double decked cattle trailer (double decker) and seized 31 horses that had been crammed onto the multi-tiered conveyance. The driver of the truck, Shawn White (Walhonding, OH) was heading west on Route 23 in Lancaster County, allegedly enroute to a Canadian slaughterhouse when he was stopped.
The 31 horses (drafts, standardbreds, quarter horses and thoroughbreds) had been purchased at New Holland Sales Stables Inc. during the weekly horse sale. The double decker was ordered back to the auction house. When Hopkins, Deshong and White arrived back at New Holland's loading dock, they were met by Police Officer David Hughes, who was waiting to assist them.
The horses were unloaded and calls for assistance were placed. Within hours, the horses were taken to various rescue facilities for holding until the case is decided. Those that took in the seized horses included Lost and Found Equine Rescue and Ryer's Home for Aged Equines.
On Monday, September 17, 2001 the PA SPCA filed 31 counts of Title 18, 5511(e) 1 against Shawn White. Reports indicate the actual of the truck is Sugarcreek Livestock (Sugarcreek, Ohio), a sale known to be highly frequented by killer buyers.
Then on Wednesday, September 26, 2001 the PA SPCA filed 30 counts of Title 18, 5511(e)1 against the New Holland Sales
Stables Inc., New Holland, PA in connection with the September 4th seizure.
"The stable was aware - stable help loaded the truck," said Hopkins.
The PA SPCA hopes to win custody of the 31 horse and make them available for adoption.
The Equine Rescue Resource has been monitoring the New Holland horse sale for more than three years. On numerous occasions, we have documented double deck cattle trailers at the sale parked in the back and waiting for the crowds to clear and the cover of night to fall.
We applaud the PA SPCA and the New Holland Police Department for their enforcement of Pennsylvania's New Horse Transport Law, Act 64, which was signed into law by the Governor and became effective as of August 25, 2001.
Act 64 amends Title 18 5511(e), making it illegal to transport any equine animal in a conveyance that has more than one level stacked on top of each other. Each horse is a separate offense.
Act No. 64
1 Amending Title 18 (Crimes and Offenses) of the Pennsylvania
2 Consolidated Statutes, providing for the offense of
3 transporting equine animals in a cruel manner.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 5511(q) of Title 18 of the Pennsylvania
7 Consolidated Statutes is amended by adding definitions and the
8 section is amended by adding a subsection to read:
9 § 5511. Cruelty to animals.
10 * * *
11 (e.1) Transporting equine animals in cruel manner.--
12 Notwithstanding any other provision of law, a person commits a
13 summary offense for each equine animal if the person carries, or
1 causes or allows to be carried any equine animal in or upon any
2 conveyance, or other vehicle whatsoever with two or more levels
3 STACKED ON TOP OF ONE ANOTHER. A person who violates
4 subsection on a second or subsequent occasion commits a
5 misdemeanor of the third degree for each equine animal
7 * * *
8 (q) Definitions.--As used in this section, the following
9 words and phrases shall have the meanings given to them in this
11 * * *
12 "Conveyance." A truck, tractor, trailer or semitrailer, or
13 any combination of these, propelled or drawn by mechanical
15 * * *
16 "Equine animal." Any member of the Equidae family, which
17 includes horses, asses, mules, ponies and zebras.
18 * * *
19 Section 2. This act shall take effect in 60 days.