LEX TALAMO: Defining animal cruelty
Recently, an Ohio resident contacted animal protection nonprofit Lady Freethinker about goats tangled in an electric fence, hit with a PVC pipe, thrown over a 5-foot fence, and who appeared to be “starving” — but whom a judge has allowed to remain with their owner pending criminal animal cruelty charges.
On released body camera footage of the situation, a witness asks: “At what point does this become animal abuse?”
According to Ohio state law 959.13 and the Youngstown Codified Ordinances, Chapter 505, animal cruelty encompasses any animal deprived of necessary sustenance, “beaten unnecessarily or cruelly,” or tortured — an action which should apply to a goat slowly choking to death in an electric fence.
The provisions include all animals
It’s important to note these specific provisions don’t exclude farmed animals or animals kept prior to slaughter.
After calling in a welfare check, we spoke to a deputy who described the goats’ owner as in his mid-60s, battling a health condition, and “pleasant” – adding he could sometimes get “overwhelmed.”
Here’s why those statements are concerning, and why law enforcement, prosecutors, and the presiding judge must take this case seriously.
In our line of work, we often see that people who commit violence against animals once will continue to do so without intervention and also that they may simultaneously be committing violence against other humans.
Court records reveal the goats’ owner was cited twice in the last month, and twice in 2022, for escaped goats. He also has been convicted numerous times for disorderly conduct and domestic violence.
We also see that when animals’ owners are suffering from health problems, with a resulting decline in animals’ care, both the animals and the people benefit from interventions that permanently relocate the animals to reputable rescues or sanctuaries.
Lastly, we sadly see a lack of accountability when a person is perceived as elderly or sick and yet intentionally neglects or abuses animals. One recent case: An individual in his 70s with a health condition lured seagulls into a parking lot and then intentionally ran over them, killing at least 10, but ended up with no probation, no jail time, no fines, no restitution, and any record of the crime to be expunged in a year’s time.
The deputy who conducted the welfare check asked, “I’m not sure what else you want us to do?”
Here’s what authorities should do
Our answer: If these goats are suffering in violation of the law, then they need to be removed and relocated to a reputable sanctuary or rescue, and the person responsible must be prevented from obtaining any more animals and otherwise be held accountable.
More than 32,000 Americans nationwide, including our supporters in Ohio, agree and have signed our petition urging prosecutors and the judge to treat this case with the severity it deserves.
The law is the law, regardless of any other dynamic, and if there is cruelty, it must end.
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