Kennel neglect - 7 dead, 8 starving dogs seized - Youngstown, OH

Wednesday, Oct 22, 2008

County: Mahoning

Charges: Misdemeanor
Disposition: Convicted
Case Images: 13 files available

Defendant/Suspect: Steven S. Croley

Case Updates: 8 update(s) available

The man who operated High Caliber K-9 at his home, where seven dead and eight starving dogs were found this week, was arraigned today in municipal court.

Judge Robert A. Douglas Jr. set bond at $20,000 for Steven S. Croley, 37, of 1516 Coitsville-Hubbard Road, allowing 10 percent to be paid. He will be back in court Nov. 13 for a pretrial hearing.

As a condition of bond, Croley is not allowed to own or harbor any animals. Although originally arrested on 19 counts of animal cruelty, Croley was arraigned on only four counts, plus one count each of noxious odors and exterior property violation.

City Prosecutor Jay Macejko was not immediately available to comment on the charges.

On Wednesday, Animal Charity humane agents found seven dead and eight malnourished dogs in the backyard kennel area of Croley's business. They also found four dogs in the house. The 12 live dogs were taken to Animal Charity on South Avenue.

Croley told a humane agent that he couldn't afford to feed the dogs. He claimed ownership of 16 dogs, telling police the other three were boarded.

Case Updates

Steve Croley, whose actions created what's now known as Nitro's Law, has been accused of violating his probation. Three years ago, Croley was placed on probation after dead dogs were found at his Coitsville Township High Caliber K-9 dog kennel. Croley was not allowed to own a dog until his probation was up next month. He was arrested last month after police found three dogs at his Chaucer Way home in Austintown. But at a hearing Wednesday, Judge Robert Douglas found Croley not guilty of probation violation. His defense attorney proved he did not own the house he was living in, therefore by definition he could not be harboring pets. "The court's entry was clear, that he was not to own or harbor any animals. So we looked to the legal definition of owning and harboring. When I looked at the case, I realized that it didn't look like he was doing either," said defense attorney James Lanzo. Douglas found him not guilty because the dogs and house were registered to Croley's wife. While Croley was in court, about a dozen people gathered in Youngstown's Central Square. The group was rallying in support of House Bill 108, better known as Nitro's Law. Nitro was one of the dogs that starved to death while at High Caliber K-9. Currently most animal abuse cases in Ohio are misdemeanors, and this law aims to change that. "It's important so the animal abuse stops, and people start taking it more seriously in Ohio. If we can get Nitro's Law passed, animal abuse will be a felony," said Jennifer Bird, a supporter of Nitro's Law. Making it a felony would stiffen penalties for animal abusers. Nitro's Law has passed an Ohio House Sub-Committee, but has not come to a vote in front of the full house.

Source: wkbn.com - Jan 11, 2012 Update posted on Jan 11, 2012 - 9:31PM

The man whose treatment of dogs at his High Caliber kennel led to the push to pass Nitro's Law has been arrested on a probation violation. In October 2008, Steven Croley, the owner of that K-9 boarding and training facility in Youngstown, was convicted of four misdemeanor counts of cruelty to animals after police found 15 dogs either dead or dying at his home and business. Croley said he couldn't afford to take care of the animals he'd been paid to board and train. He was sentenced to 120 days in jail along with probation, during which he was not permitted to own dogs. His probation was to be up in January 2012. But Austintown police and Mahoning County humane agents received several complaints that Croley did have dogs at his Chaucer Way home in Austintown, and he was arrested Monday night. Police said he reportedly had three dogs living with him. Croley was arraigned in Youngstown Municipal Court Tuesday and released on bond. The judge found there was probable cause for a probation violation. In September, lawmakers in the Ohio House Criminal Justice Committee passed House Bill 108 or Nitro's Law, named after one of the dogs that died while in Croley's care. Under the amendment, which must still gain approval by the Senate and governor, prosecutors would be able to use their discretion on charging kennel owners with a felony instead of misdemeanor when failing to provide basic care for animals in their kennels.

Source: wkbn.com - Dec 20, 2011 Update posted on Dec 20, 2011 - 6:56PM

The healthy barks of a police dog served as a backdrop for the sentencing of a kennel operator who allowed dogs to starve to death at High Caliber K-9. Steve Croley, 38, after appearing 40 minutes late to municipal court Thursday, was sentenced to four months in jail on four counts of animal cruelty. Below Judge Robert A. Douglas Jr.'s third-floor courtroom, the barks of Detective Sgt. Frank Rutherford's dog rose from the police parking lot as Croley and his lawyer stood in front of the judge. Rutherford was in municipal court on another matter, and the dog waited for him in their cruiser. In addition to jail, Judge Douglas, who said he found it hard "to understand what happened, why it happened," ordered that Croley pay restitution of $1,796 and serve three years' probation, during which time he is not allowed to own or harbor any animal. He was also fined $1,000 and has six months to pay the fine and restitution. Croley received credit for the 13 days he spent in jail until he posted bail. He will report to the Mahoning County jail at 6 p.m. Friday. On Oct. 22, seven dead and 12 starving dogs were found at High Caliber K-9, 1516 Coitsville-Hubbard Road. Croley was arrested that day. He reached a plea agreement in December and pleaded no contest to the animal-cruelty charges. Two housing violations related to the condition of the High Caliber K-9 property were dismissed. Croley's lawyer, Heidi Hanni, told the judge that her client is very sorry and remorseful, noting he lost his business. She said he made poor decisions, adding he had been in the process of a divorce. For the "terrible atrocities with these animals" she said he is "very, very sorry." Croley made no statement to the judge. In the gallery, a New York couple whose dog, Nitro, starved to death at the kennel, watched the proceeding, as did representatives of Animal Charity, a humane agency on South Avenue. Nitro's owners left quickly after the sentencing. Of the restitution Croley must pay, $1,646 is owed to Animal Charity, which rescued emaciated dogs from the property. The other $150 in restitution is payable to the owners of one dog who died. When taken into custody three months ago, Croley told a representative of Animal Charity that he could not afford to feed the animals. After the arrest, dog owners came forward to say they paid him in advance. "We feel good about the decision," Nikole Owen, Animal Charity chief executive officer, said after court. "Initially we thought he would not receive jail time." She said her agency will monitor Croley, once he's out of jail, to make sure he doesn't own an animal. Still pending for Croley is a rent dispute for the kennel property at 1516 Coitsville-Hubbard Road. Matt Akendead of Virginia, who owns the property, filed a complaint in municipal court asking for past due rent of $3,500. He said in court Tuesday that Croley and his wife failed to pay rent from May through November. Croley contends that he and Akenhead were business partners and no rent is owed. Akenhead denied being partners with Croley. Magistrate Tony Sertick said eviction was a moot point because Croley no longer resides at the address. The magistrate then gave Croley time to hire a lawyer and will schedule another hearing to resolve the rent dispute.

Source: vindy.com - Jan 23, 2009 Update posted on Dec 20, 2011 - 6:53PM

A plea agreement recommends four months in jail for the man who operated High Caliber K-9, where seven dead and 12 starving dogs were found. Steve Croley, 38, of Struthers-Coitsville Road, Lowellville pleaded no contest Thursday afternoon in municipal court to four counts of animal cruelty. Two housing violations related to the condition of the High Caliber K-9 property at 1516 Coitsville-Hubbard Road were dismissed. City Prosecutor Jay Macejko said the plea agreement calls for 30 days in jail on each count; restitution of $1,646 to Animal Charity, a humane agency on South Avenue; and a provision that Croley not own or harbor animals during whatever probation period - one to five years - that may be imposed. Croley will be sentenced Jan. 22.

Source: Vindy.Com - Dec 4, 2008 Update posted on Dec 4, 2008 - 8:34PM

Local prosecutors office: Joseph "Jay" R. Macejko 4th floor city hall 26 south phelps street Youngstown ohio 44503 PHONE: 330.742.8791 FAX: 330.742.8794 Judge Robert A. Douglas, Jr. Youngstown Municipal Court 265 Phelps Street Youngstown, Ohio 44503 PHONE: 330.742.8857 FAX: 330.742.8725 Email for the Judge's (Judge Robert A. Douglas, Jr.) assistant: [email protected] Contact info for the Ohio State Attorney General (Nancy H. Rogers): PHONE: 877-244-6446 WEBSITE CONTACT FORM: Source: Nitro Foundation Update posted on Oct 29, 2008 - 9:57PM

In June, Tom Siesto, and Elizabeth Rahb of Queens New York, brought their three year old Rottweiler, Nitro, to High Caliber K-9 in Youngstown. Nitro, was a healthy one hundred pound dog at the time. They brought him here for boarding and training. And as far as they knew, everything was going well. Elizabeth tells us, "We called every two weeks, he said there is no problem, he's eating well. His general health is good. His obedience is doing very well." For the past two weeks the couple has been trying to reach the owner of High Caliber, Steven Croley, to arrange an appointment to pick up there dog. Then over the weekend, they come to find out the shocking news that dogs were starving to death that were being boarded at the kennel. Elizabeth added, "This is so horrific, it's overwhelming. But not to know whether my dog was dead, alive, or if he's in here clinging to life, because he wasn't even given water?" So they decided to drive here, not knowing what had become of their dog. Croley, who ran the kennel, told humane agents last week, that he couldn't afford to take care of the dogs. Elizabeth says that's no excuse, "This excuse of hard times, is absolutely unacceptable. My dog is now half the size. I just viewed him, he's dead. He's half the size, animal charities thought that he was a doberman, not even a Rottweiler." The dog owners hope that Croley, gets the same treatment their dog did. Tom emotionally added "This is horrific, to not feed an animal, this man should go to jail and not be fed forever." Steven Croley is due back in court next month, for a pretrial hearing, on four counts of animal cruelty.

Source: WYTV - Oct 27, 2008 Update posted on Oct 27, 2008 - 8:19PM

Steven Croley, the owner of High Caliber K-9 boarding and training facility, entered a not guilty plea to animal cruelty charges. After police and humane agents found seven dead dogs, and eight starving dogs at his business earlier this week. "Bones, carcasses, decay, it was horrible, it was enough to make you gag and throw up and cry", says Nikole Owen, CEO of Animal Charity. Twelve of the dogs are now recovering at Animal Charity on South Avenue, while agents try to track down the animal's owners to let them know if their pets are alive or dead. Meanwhile, Croley's home and business on Coitsville-Hubbard Road has been hit by vandals. The words "killer" and "I kill dogs" spray painted across signs, cars and broken windows. Croley told humane agents he couldn't afford to feed or take care of the dogs he was training and boarding, but Owen said she spoke with a couple of the dog's owners this week, and they say that's not the case. "A woman saying that she gave him over four hundred dollars, and another woman paid him over four hundred dollars just last week. So he had money...what he did with it, I don't know, but he was not feeding the animals with it", says Owen. Another question has to do with the charges. Croley was originally charged with nineteen counts of animal cruelty and neglect, but was arraigned on only four counts in court, and that has the folks at Animal Charity upset. Owen says, "We're out there daily stopping that, and when we don't get the support that we need to stop it, it becomes very frustrating." Judge Douglas set bond at twenty thousand dollars with the condition Croley is not to own or harbor any animals. He'll be back in court next month for a pretrial hearing. Youngstown City Prosecutor Jay Macejko responded to why there were only four charges of animal cruelty against Croley and not nineteen. Macejko says the Humane Agents with Animal Charity went onto Croley's property prematurely, without the necessary warrants. Macejko says Animal Charity acted unlawfully, and that "its unlawful conduct sacrificed a full scale prosecution."

Source: WYTV - Oct 25, 2008 Update posted on Oct 25, 2008 - 3:45AM

If Animal Charity humane agents had waited for a search warrant before using bolt cutters to enter High Caliber K-9 - where seven dogs died - the city prosecutor would have filed more charges against the operator. City Prosecutor Jay Macejko said four dogs, for which 37-year-old Steven Croley is charged with animal cruelty, are the ones the agents saw before they entered the property at 1516 Coitsville-Hubbard Road on Wednesday. In all, seven dead and 12 starving dogs were found, and Croley, who lives at the business, was originally arrested on 19 counts of cruelty to a companion animal. Macejko, however, did not file charges related to the 15 dogs found after agents entered Croley's property with bolt cutters. "They should have called me. I could have got a warrant in one hour," Macejko said Friday. "Saving animals doesn't mean you can prosecute." Macejko said civilians can act to save animals in distress, but the agents, Kyle Ziegler and Joe Borosky, were acting on behalf of the state and must follow the law if they expect criminal charges to be filed. Macejko said Ziegler and Borosky first saw one dog through a fence and weren't sure if the animal was sick or dead in the kennel area. They went next door and, from that vantage point, saw three more dogs. They then decided to enter the property by using bolt cutters, the prosecutor said. Nikole Owen, chief executive officer at Animal Charity, wrote to Macejko on Friday, saying that her agents acted within the law and that Croley should face his original 19 counts of animal cruelty. In a written response, Macejko said the Fourth Amendment, which guards against unreasonable search and seizure, applies to humane agents. He said: "There was absolutely no way to justify the illegal entry that your agents conducted" and "there were no exigent [pressing] circumstances" as Owen asserted in her letter. Owen wrote that four charges instead of 19 "is an injustice to our community and our society as a whole." Macejko responded that the only individuals who perpetrated the injustice were her agents. He said they unlawfully intruded on a man's property and the unlawful act has sacrificed a full-scale prosecution. The prosecutor said reports don't reflect the forced entry and that Croley repeatedly demanded to see a warrant. "You and they further complicated the matter by turning the scene into a media spectacle. None of you had a right to escort the media around this man's property," Macejko wrote. "If you wished to hold a press conference, you would have been fully within your right to do so once the animals had been removed from the scene and secured at Animal Charity." He said her conduct - sending letters to the mayor and reporters before they spoke - "only serves to justify my lack of faith in your agency." The prosecutor said he learned Thursday, while researching the case, that Borosky has not been appointed by the mayor to act as a humane agent, but Ziegler has, so Borosky had no authority to act at all, other than as a private citizen. Macejko warned Owen that if Borosky acts again without authority or enters a public building wearing a firearm under the auspices of being a humane agent, all necessary action will be taken. The prosecutor added that her agents are generally unprepared when they present cases to his office and severely need training. "I, too, am mortified at the conditions of the High Caliber kennels, but our hands are tied by what your agents did," Macejko wrote. "Please know that Mr. Croley will nevertheless be prosecuted to the extent we are able." He said his office will continue to make decisions absent of sympathy, emotion or bias, adding "I would strongly urge you to do the same." Borosky said even though there was a problem with the animal-cruelty charges, "We saved the dogs, no matter what." Croley was video-arraigned Friday in municipal court. He faces four counts of cruelty to companion animals and one count each of noxious odors and exterior property violation. Judge Robert A. Douglas Jr. set bond at $20,000, allowing 10 percent to be paid. Croley told the judge that he can't afford to hire a lawyer because his business "has fallen under." The judge appointed an attorney to represent him. Croley said he'd use his house in Alliance as collateral to post bond. Property records show him as co-owner of a house valued at $45,199 on High Street in Alliance. He will be back in court Nov. 13 for a pretrial hearing. As a condition of bond, he is not allowed to own or harbor any animals. On Wednesday, Ziegler, Borosky, Patrolman Melvin Johnson and housing officer Laura Fulmer described the odor of feces and decomposing animals in the backyard as atrocious. The agents and officers found empty, overturned food and water bowls and the animals desperate to get out of their cages, Johnson said in his report. The live dogs were covered in feces, had matted fur and open sores, and were severely malnourished with spine and ribs protruding, he said. Croley told Borosky that he couldn't afford to feed the dogs. He claimed ownership of 16 dogs, telling police the other three were boarded. Borosky said it's unclear how many, if any, belonged to Croley. Four live dogs were found in the house; seven dead and eight live dogs were in the backyard kennel area. The 12 live dogs were taken to Animal Charity on South Avenue. "The dogs are adjusting to eating again - I know that sounds funny," Borosky said Friday, explaining that because they went without food for so long, it may take several weeks before normal digestion returns. "We can't feed too much at a time; we're doing small amounts four to five times a day. Some are having [a] hard time keeping food down." He said donations of food and money, for which Animal Charity is very grateful, are pouring in. The dogs are getting individual and group attention by caretakers and being walked outside, he said. Verifying ownership, he said, is difficult because several of the dogs came from out of state to be trained at High Caliber K-9.

Source: Vindy.Com - Oct 25, 2008 Update posted on Oct 25, 2008 - 3:18AM

References

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