Victory for Dogs and Advocates yet More Delays in Vick-like Dog Fighting Trial, Bronx, NY

Victory for Dogs and Advocates yet More Delays in Vick-like Dog Fighting Trial

Bronx, NY

The case was last heard on June 11, 2009 before Judge Steven Barrett (Docket #02688-2008). Two of the defendants with misdemeanor charges, Israel Cuevas and Alterik Mason (they were spectators, not dog fighters) were hoping to plea out but thankfully the Judge and ADA Jacob Kaplan rejected their plea and confirmed that their case would go to trial with the others.
Jennifer Panton, President of United Action for Animals and Director of the New York Anti-Animal Fighting Campaign, a partnership with UAA and NYC Animal Care and Control, said “It will be interesting to see what Cuevas and Mason receive. I feel it’s important to mention that currently NY state is rated nearly the worst (48th) in the country, yet NJ is rated the best.”

Summary of New York State charges for dog fighting:
(1) Dogfighting: Felony, Max 4 years, Max $25,000
(2) Spectator at a Dogfight: Misdemeanor, Max 1 year, Max $1,000
(3) Possession of Dogs for Fighting: Max 1 year, Max $15,000

You can click here to see state rankings for dog fighting laws – note the stark difference between ranking for New York and for our neighbor, New Jersey. Please note that on June 2, 2009, an amendment to the current law passed. For the full details, refer to an earlier post about this.

On June 16, 2009, Alexander Estephane, Juan Toledo, Lauritz Acoy, who received felony charges for dog fighting (and Cuevas, Mason misdemeanor charges as spectators), will face the same hearing, where final charges will be made official. They already do not have a chance at plea deal. In other words, all five defendants will be charged with the maximum crimes – no charges have been or will be reduced.
There is a sixth person, Rashan Johnson, who Panton believes is AWOL and is waiting from the ADA for confirmation.

Delay in setting trial date

While the news about the charges is good for the prosecution and advocates showing up to each hearing, making their presence known for the ADA and the Judge, the bad news is that there are more delays in establishing a trial date.
Judge Steven Barrett (Docket #02688-2008) who set another hearing date of July 8th to establish a trial date for all 5 defendants also calendared July 27th as an estimated trial date for all defendants. The ADA, thankfully, had requested that both misdemeanor and felony defendants to stand trial together rather than separate trials. However, after the hearing finished on Thursday morning, ADA Kaplan told us that the July 8th hearing was merely to “discuss” a trial date, admitting that because there are six attorneys involved (including himself) there will be conflicting trials and summer vacations to contend with, and, therefore, the July 27th tentative date will likely will get pushed back.

Petitions and letters to Judge help uphold the no-plea deal

Kaplan thanked us for the help with the plea option, and by that, Panton says, “I think all the letter writing to the judge and [online] petition helped”.
See below her letter to Judge Barrett.

--
From Jennifer Panton, United Action for Animals
Wednesday, June 10, 2009

Dear Judge Barrett,

Please see the attached document which contains over 1,500 signatures from a petition regarding the Bronx Dog Fight Case (Docket #02688-2008). This petition and signatures can also be view at: http://www.thepetitionsite.com/126/stop-animal-fighting-in-new-york-city

We would like to express to you that the defendants should be given no plea deals and have a speedy trial date established at their June 11th and June 16th hearings, as these alleged crimes were committed over a year ago with overwhelming evidence (i.e. one dog died on the way to the shelter that night).

Regarding the two defendants, Israel Cuevas and Alterik Mason, that were already lucky enough to dodge felony charges due to current law, please note that on June 2, 2009, the NY Senate’s Agriculture Committee unanimously passed S.3926, to increase penalties for spectators at animal fights as well as for persons possessing animals for the purpose of fighting (please see press release attached for your reference).

Additionally, please keep in mind that animal fighting does not occur in a vacuum. Animal fighters are violent criminals that engage in a whole host of peripheral criminal activities. Many are heavily involved in organized crime, racketeering, drug distribution, or gangs, and they arrange and attend the fights as a forum for gambling and drug trafficking.

Thank you for your time.

Jennifer Panton
President
United Action for Animals
P.O. Box 635
New York, NY 10021
Tel: 212-249-9178
www.ua4a.org

--
The online petition was exported into a document, which Panton references above. She says, “our petition elaborated about our stand – that New Yorkers want these criminals punished to the max for these heinous crimes and to rid animal fighting out of our great City.

Please sign this petition – we need as many signatures as possible for continued letters and evidence that we are not going anywhere, that we represent a large constituency of voters and influentials that stand strongly for the prosecution and conviction of people who commit dog fighting.
http://www.thepetitionsite.com/126/stop-animal-fighting-in-new-york-city

Official Summary of Case:
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INDICTMENT
Supreme Court of The State of New York
County of Bronx
__________________________________________________
People of The State of New York -Against-

Alexander Estephane, Docket # 36626C-2008
Lauritz Acoy, Docket # 36624C-2008
Juan Toledo, Docket # 36622C-2008
Rashaan Johnson, IBNA
Israel Cuevas, Docket # 36625C-2008
Alterik Mason, Docket # 36623C-2008
Defendants.
__________________________________________________
Indictment # Grand Jury # 43788/2008
COUNTS
Prohibition of Animal Fighting
Agriculture and Markets Law § 351 (2)(a)
(count one)
Prohibition of Animal Fighting
Agriculture and Markets Law § 351 (2)(d)
(count two)
Prohibition of Animal Fighting (four counts)
Agriculture and Markets Law § 351 (4)(b)
(counts three – six)
A Panel, 8th Term
August 1, 2008
A True Bill

ROBERT T. JOHNSON
DISTRICT ATTORNEY
_______________________
FOREPERSON

FIRST COUNT
The Grand Jury of the County of the Bronx, by this Indictment, accuses Defendants Alexander Estephane, Lauritz Acoy, Rashaan Johnson, and Juan toledo of the Crime of Prohibition of Animal Fighting, in violation of Agriculture and Markets Law § 351 (2)(a), committed as follows:

Defendants Alexander Estephane, Lauritz Acoy, Rashaan Johnson, and Juan toledo, acting individually and in concert with each other, on or about June 14, 2008, in the County of the Bronx, for amusement or gain, caused any animal to engage in animal fighting.

SECOND COUNT
The Grand Jury of the County of the Bronx, by this Indictment, accuses Defendant Alexander Estephane of the Crime of Prohibition of Animal Fighting, in violation of Agriculture and Markets Law § 351 (2)(d), committed as follows:

Defendant Alexander Estephane, on or about June 14, 2008, in the County of the Bronx, permitted animal fighting to occur on premises under his control.

THIRD COUNT
The Grand Jury of the County of the Bronx, by this Indictment, accuses Defendant Israel Cuevas of the Crime of Prohibition of Animal Fighting, in violation of Agriculture and Markets Law § 351 (4)(b), committed as follows:

Defendant Israel Cuevas, on or about June 14, 2008, in the County of the Bronx, was knowingly present as a spectator having paid an admission fee or having made wager at a place where an exhibition of animal fighting was being conducted.

FOURTH COUNT
The Grand Jury of the County of the Bronx, by this Indictment, accuses Defendant Alterik Mason of the crime of Prohibition of Animal Fighting, in violation of Agriculture and Markets Law § 351 (4)(b), committed as follows:

Defendant Alterik Mason, on or about June 14, 2008, in the County of the Bronx, was knowingly present as a spectator having paid an admission fee or having made wager at a place where an exhibition of animal fighting was being conducted.

FIFTH COUNT
The Grand Jury of the County of the Bronx, by this Indictment, accuses Defendant Rashaan Johnson of the crime of Prohibition of Animal Fighting, in violation of Agriculture and Markets Law § 351 (4)(b), committed as follows:

Defendant Rashaan Johnson, on or about June 14, 2008, in the County of the Bronx, was knowingly present as a spectator having paid an admission fee or having made wager at a place where an exhibition of animal fighting was being conducted.

SIXTH COUNT
The Grand Jury of the County of the Bronx, by this Indictment, accuses Defendant Juan Toledo of the crime of Prohibition of Animal Fighting, in violation of Agriculture and Markets Law § 351 (4)(b), committed as follows:

Defendant Juan Toledo, on or about June 14, 2008, in the County of the Bronx, was knowingly present as a spectator having paid an admission fee or having made wager at a place where an exhibition of animal fighting was being conducted.

Scheduled Arraignment Date: September 8, 2008

Arraignment Part: Part 60
Other Associated Indictments: None

Completed: August 1, 2008
A.D.A. Jacob Kaplan
Rackets Bureau
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Protests, showing up to court, media, buzz...
While most of our court advocacy has been just showing up to court (sitting in the audience), at each of the seven hearings, to make the judge, ADA, and defendants know that we are watching them and supporting the voiceless victims, Jennifer and several others have led one protest and there will be more such activism once the trial starts.

Personally, and I wrote Amy Sacks of the New York Daily News this, I know that my goal, which I'm sure Jennifer and others share, is to make an example out of this case, as a local Michael Vick case, the Vick wanne-be being, of course, Alexander Estephane. The extent to which the accused had set up their training facility in the basement of the Tremont, Bronx, house is not unlike that of the Vick compound – only it was indoor and a small backyard, a more confined space (it's New York City, after all...). According to the Daily News article which came out the day after nine men were arrested, "They [NYPD] found an animal house of horrors filled with bite sticks used to separate dogs during jousts, syringes, painkiller medication, weigh-in scales - and a 9-by-9-foot fighting pit, police sources said. Rusted metal and wooden cages heaped with dog waste were found in the backyard of the E. 179th St. building. One dog, showing fresh injuries from a recent battle, died while being rushed to a shelter [NYC AC&C] for treatment."

The mindset of these people, their will to torture animals and watch them writhe in pain, to gamble and live outside the law, is all the same. Should people in New York who really followed the Vick story turn their eyes on a nearly identical case happening in their own city – the support on our side, media coverage, and buzz surrounding it would have far reaching implications, including that of educating people, inspiring teachers and parents to talk to their children about animal fighting cruelty, cruelty in general, open more eyes of the NYPD so they take reports of fighting and cruelty more seriously, etc.

The movement behind this case has the potential to be characterized as a local version of that behind the Vick story. Hopefully a larger grassroots effort will build within Jennifer Panton's NYC Anti-animal Fighting Campaign and we can really show New York that they can't turn away from it anymore, because it is happening here and it's that bad.

See link here to today’s Daily News article, quoting Jennifer Panton, regarding this case, coverage for which I helped facilitate and will continue to do so for all media as much as I can. Media coverage for the trial is especially important, and I’m committed to working hard to get it. We need the media to reach New Yorkers, inform those who don't know about the case as well as affirm the compassionate supporters trying to help.

Television coverage is especially important for Day 1 of the trial. More exposure means more access to the public, more people will pay closer attention to this potentially precedent-setting case.

If you are a member of the media or have a media connection, please contact me to get details on the latest with this story.

Courtney Kistler, ckistler@rational-animal.org, 212.933.1688

Alleged Dog Fighters Go Back To Court, Bronx, NY, June 11th and June 16th

Alleged Dog Fighters Go Back To Court, Bronx, NY, June 11th and June 16th

PLEASE HELP YOUR FELLOW ANIMAL LOVERS AND PIT BULL ADVOCATES SUPPORT THE PROSECUTION OF THE BRONX MEN WHO RAN AN ORGANIZED DOG FIGHTING RING

Bronx, New York, June 9, 2009

Join United Action for Animals in court this Thursday, 6/11/09 and next Tuesday 6/16/09 for the 16 victims with no voice.
Please be there at 9:00 am @ Bronx Court, Hall of Justice, 265 East 161st Street (4 train to Yankee Stadium), Bronx, NY. Be prompt so you don't miss the hearing, as there is a long security line at the entrance.
More info and location details here.
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This is a heinous crime -- Estephane's basement was used as a training facility for fighting dogs, not unlike Vick's property was. These were not amateurs, and they'd been running the fighting ring for some time, as was Vick, before his place was finally discovered. So, essentially, my goal is to help make an example out of this case for bringing attention to NYC dog fighting crime, as the large orgs and media did for the Vick case for bringing attention nationwide to the crime of dog fighting in general.

Please show you will NOT tolerate dog fighting in your city! This type of animal cruelty needs more exposure so that children will learn that this is a crime and not take after those who may tempt them into participating, even watching, animals tear each other to shreds in order for humans to make money.

-------
BACKGROUND:
Five alleged dog fighters and spectators will go back to court in New York City at Bronx Court, Hall of Justice, 265 East 161st Street, Bronx, NY, on charges related to a Bronx dog fighting bust last summer.

The cases were last heard on May 13, 2009 before Judge Steven Barrett (Docket #02688-2008) who set the following hearing dates:
(1) Thursday, June 11: Judge will make a decision in regard to requests by both Cuevas and Mason to plead out. If the judge rules against them, they will be included in the trial with the other three men.
(2) Tuesday, June 16, a trial date will be set for Alexander Estephane, Lauritz Acoy and Juan Toldo on felony dogfighting charges.
-Isreal Cuevas and Alterik Mason will face misdemeanor charges because they were spectators, not dog fighters, unless they are allowed by the judge to plead out.

Almost exactly one year ago, on June 14, 2008, NYPD, acting on a tip from the New Jersey state police, rescued 16 pit bulls and two roosters from the back yard of a house at 108 East 179th Street in the Tremont section of the Bronx that doubled as a dog fighting ring. One of the dogs, that appeared to be badly hurt, died on the way to a shelter. Officers recovered $2,000 in cash and syringes used to inject the dogs with stimulants.Police arrested seven men from the Bronx and New Jersey. The suspected ring leader, Alexander Estephane, 44, lives in the Bronx building that neighbors have long believed housed the inhumane and illegal blood sport. The other men were identified as Lauritz A. Acoy, 41, and Eric A. Boyce, 33, both of the Bronx, and Israel Cuevas, 34, Juan Toldo, 38, Alterik Mason, 29 and Darnell Walker, 34, all of New Jersey.

The next day, in a separate matter of animal cruelty, Israel Cuevas was charged by the New Jersey SPCA with failure to provide food and water to animals residing at his home, 5 adult pit bulls and 12 pit bull puppies, in North Brusnwick, New Jersey. Cuevas, a senior correction officer at the New Jersey Training School for Boys, in Jamesburg, New Jersey, pled guilty to the charges and was fired from his job. Charges against Boyce and Walker were dismissed.

United Action for Animals (UAA), a New York City non-profit humane organization, has created an Anti-Animal Fighting campaign to assist with court advocacy, awareness, animal foster care and pro bono legal assistance for the Animal Care and Control of New York City, the shelter that cares for the victims.

For more information see:
www.ua4a.org/AntiDogFighting.html
http://stopdogfightingnownyc.wetpaint.com
http://www.petabuse.com/cases/13875/NY/US
http://www.nycacc.org

Contact:
Jennifer Panton, President
United Action for Animals
P.O. Box 635
New York, NY 10021212-249-9178

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Many of the pit bulls that cruel people try to use for dog fighting end up at Animal Care and Control.

Brooklyn AC&C, bed delivery for Rational Animal's Mother's Comfort Project (Jan 11, 2009)

This little guy was so sweet. You can see his ears have been cropped -- he was probably used for dog fighting (had scars on his face and legs), and often the ears are cropped (as in literally the top half is cut off when the dog's a puppy) to make the head look bigger or to not get in the way when another dog is attacking its head.
Dog fighting is plain, abominable animal cruelty, and it's illegal.

And many of the dogs -- the lucky ones -- like this guy are still sweet, loving, adoptable companion animals that don't have a fighting bone in their body...which is often why they are dumped out on the streets.

News! NY State's tougher laws against animal fighting

New York State's tougher laws against animal fighting

GREAT NEWS!!
On June 2, the New York State Senate’s Agriculture Committee unanimously passed S.3926, sponsored by Sen. Toby Stavisky, D-Flushing, to increase penalties for spectators at animal fights as well as for persons possessing animals for the purpose of fighting.

S.3926/ A.6287a: Animal Fighting
While dogfighting and cockfighting are felonies in New York, possessing animals for the purpose of fighting is only a misdemeanor and attending a fight is just a traffic-ticket style violation and misdemeanor. This makes it more difficult for law enforcement officials to effectively prosecute animal fighters. Moreover, these anemic provisions tend to attract criminals from other states to engage in illegal activities in New York.
This bill would make it a felony to be a spectator at a dogfight or a cockfight, punishable by a maximum fine of $25,000 and/or up to four years of imprisonment. The Assembly version of the bill, A.6287a sponsored by Assemblyman Joseph Lentol, D-Brooklyn, also passed the Assembly’s Agriculture Committee unanimously in April.

Couple more steps to go...

The new animal (not just for dogs) fighting bill that passed unanimously this month by the Senate Agriculture Committee now has to go through Senator Eric Schneiderman, Chair of Codes Committee and Senator Malcolm Smith, Majority Leader. The ADA for the dog fighting case we have been covering and helping bring attention to mentioned that these proposed laws are actually an improvement than what they were before.

And don't forget to get the latest on the New York City Anti-animal Fighting Campaign, started last year as a coalition between NYC AC&C and United Action for Animals.

We will be attending the Bronx Criminal Court again on the morning of Thursday, June 11th, in support of the prosectution of nine men charged with operating an organized dog fighting ring in the 179th St. area of the Bronx. Full story and to sign the petition to show you will not tolerate animal fighting here.

More BSL conversations...

Breed specific legislation...continues in body of law and mind.

Earlier today, I called the Toledo Animal Shelter. I have been trying to reach them to inquire about pit bulls. I have noticed they never have any up for adoption. Finally, I got someone on the phone, and she explained to me that their insurance will not allow them to house pit bulls in their facility. The insurance company views them as vicious. I didn't get the name of the insurance as I was transferred to the Lucas County Dog Warden, but I'm sure whatever it was, it's not the only company that insures shelters therefore determines a lot of their rules.

So, I talked with a woman at the Lucas County Dog Warden, a department of Lucas County, of the state of Ohio. I grew up here (Toledo, OH), and I know that the city, even the entire state is not progressive in the animal awareness and rescue realm. I would say that I had a great conversation with Tom Skeldon, Toledo's Dog Warden. And the more I hear the pro-BSL side of the debate, the more I learn about how so many dogs, mainly pit/pit mixes, are exploited, abused, and ultimately discriminated against, and at the expense of their lives.

I also know that Skeldon is skilled at speaking to people like me, who are advocates for breeds such as pit bulls, which are often sentenced to death simply for being "at large", as Skeldon puts it. That is a municipal-ish word for stray. Skeldon has convinced members of the public that pit advocates are 'cults of personality' who have little backing. Skeldon wields power only because his father, Ned Skeldon, after whom Toledo Mud Hens field was once named, gave him a job. He knows Toledo, and he knows how to talk back to those challenging him on his anti-dog views. He need not speak truthfully, only convincingly.

In Toledo, pit bulls have been made out to be a public enemy, not because of pit bulls but because of cruel animal abusers. People like Skeldon convince the ignorant public that the dogs are the enemy simply by nature. Toledo remains ignorant.

Because someone lets loose a pit, rendering it homeless and out on the street to fend for himself, the dog is then sentenced to death if not claimed by the rightful owner. Now, unlike NYC, a rescue group may not pull the pit bull from the city shelter, and find a foster and eventually new home for the dog. Like Toledo Animal Shelter's insurance company, Skeldon, the city of Toledo, have a policy that all pit bulls must be put down if not claimed, and they may not leave the shelter except with their proven owner or in a body bag.

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While I am writing the article on BSL in public housing here in New York City, I am concerned for other communities as well, where the rescue movement and pit bull, rottie, etc. advocacy initiatives are weak, compared to those in New York. Toledo is an example of a city where animal rescue groups advocating for pit rescue are categorized by ignorant people who hold on to this notion that all pits are bred and born to savagely rip apart people and small animals.

Although he did tell me on the phone that "PETA is in my camp. They are in favor of a ban, because they say that pit bulls are among the most abused animals in this country". When I asked, he agreed that pit bulls were the most "abused" breed of dogs. Somehow, though, he was not making the connection between the abuse and the way a dangerous pit bull behaves. PETA stands firmly behind mandatory spay/policies, and they also agree that bans on pit bulls can prevent an enormous amount of suffering (read full stance here). Those words never entered the conversation with Skeldon, only that pit bulls are dangerous.

Instead of going after the abusers, who Skeldon has admitted exist, he goes after the dogs in an attempt to rectify the "dangerous dog" problem. I think there is a dangerous PEOPLE problem, and I know I'm preaching to the choir here...

Tom Skeldon also pointed out that a woman named Bonnie Yoho, a pit rescuer, who took many of these types of dogs to supposed homes, was caught for dog fighting last year. A set back for pit advocates, but I have yet to find more than this from the Cleveland library, substantiating this claim. I'll keep looking...

To the main stream media, he implies something that anti-BSL individuals like me think is a ridiculous stance. Skeldon has been quoted as saying, "[The owners] all think that these pit bulls are nice sweet animals, but by the time they get to be a year and half or two years old, they're pretty intent on what they're bred to do and that’s grab a hold of things and shake it until it's dead." That is ignorance, sorry Skeldy. I wish he could meet Tilly, Stella, Gordy, and the dozens of other pits I know who are amazingly sweet and do not have a vicious or fighting bone in their body.

No pit bull these days are born knowing how to "shake" anything or fight -- people who aim to use them as weapons, these loyal dogs that are hardwired to please their owners no matter how much pain and anguish they suffer, are at fault. Why is there not animal exploiter-specific legislation? My theory is that dogs are EASY to control. Drug dealers with illegal hand guns are not. Skeldon has an easy job and he can easily catch and euthanize pit bulls to fulfill his duties.

In my interviews, conducted in two NYCHA housing projects on Tuesday and Wednesday, I was told that the people who engage in formal dog fighting are the same people dealing drugs and keeping illegal guns. If police tried harder to crack down on dog fighting, who is to say they would not inevitably crack (no pun intended) on drug dealers? Again, people with pit bulls are easy targets. Dog fighters behind closed doors are harder to find, and they are much more dangerous people in the community. Make a new policy banning pit bulls -- looks like the authorities are taking action to protect the people. But that is where the action ends. Enforcement of even the existing laws in public housing, such as mandatory spay/neuter, registration and $25 fee, and dogs on leash at all times -- ALL TIMES, even in fenced in grass areas in the courtyards of some of these housing squares -- are not enforced heavily enough, according to residents I spoke with.

Gladys, who has had Dream, a 7 yr old pit, since Dream was four months old and her niece was trying to find a home for her, has concured that there is also a problem with people not picking up after their dogs and also allowing them to relieve themselves in the elevators and hallways of their buildings. She has lived in public housing for 38 years and complains of lack of enforcement on drug dealers in her building. She said these are the same people who are responsible for the vicious dogs people are afraid of and that if people did not mistreat pits, such as those like Dream, they would not harm people and have the reputation they do. She took Dream in because she said she feared the pup would end up in the wrong hands.

Samuel, resident of East Rivers housing at 100th and East End has had pit bulls and rottweilers in the past, two of the three breeds now banned in public housing. He said that these dogs can become a weapon if in the wrong hands, just like a gun can be in the hands of a corrupt cop. He says that he knows of incidences where drug dealers harbor dogs who they have trained through cruelty and fear tactics to be weapons, and they have thrown their dog(s) at the cops when they enter the house to attack them, while they try to flee. In instances I personally have heard of, dogs have been shot and killed by the police, purely as a means to protect the police persons' lives.

Will banning pits, rotties, and dobermans (who I have not seen at all, on the sidwalk or in dog parks, anywhere, in over three years) in the projects stop the criminals from using these animals as weapons? Will it stop crimes such as dog fighting rings? which not only violate animal cruelty laws but also organized gambling laws. Will it stop people from breeding pits in the public housing projects?

This debate, as far as whether or not laws focused on animals, not peoplem, will go on for a very long time, but it is essential that everyone who cares about the issue listen to both sides. That pits are the most abused and exploited dogs in America cannot be debated -- it is a consensus among all parties of all opinions. It is sad and in the end the dogs suffer the most, and people are left to walk the streets, having abused and killed dogs only for money.

My article on the policy won't be as subjective as the above. I look forward to getting printed the statements from many different people from all sides of the topic, including rescuers who are in favor of the ban.

Please spread the word if you know a pit bull and his/her owner who are heroes and ambassadors for the breed. Same goes for Rottweilers!!

Below is Rational Animal's pit bull ambassador, Sadie Blackstar, who's mother, Susan Brandt, is the Director and Founder of Rational Animal. Sadie is an amazing creature. Despite the scars on her body and legs, she remains cool and sweet around other dogs and people.

My phone call with Tom Skeldon ended when he told me that he had just been called out to go tranquilize a pit bull. Snide and immature, but what do you expect?