State Police arrest Schoharie farmer for animal abuse, then release him to care for animals

A farmer in the Schoharie County town of Seward was arrested by State Police out of Cobleskill this week after dead cows and malnourished horses were found on his farm last Saturday, according to a State Police press release. But according to a press release from the Schenectady, Saratoga and Schoharie County SPCA, the State Police arrested Casalaina on his Hidden View Farms property on Wednesday because he allegedly shot a horse.

Gregory Casalaina: NYSPGregory Casalaina: Photo from NYSPAccording to the State Police press release, Casalaina was arraigned and then released back to his farm, where he "has been working  ...  since Sunday to properly dispose of the dead animals and provide the others with food, water and necessary care." 

The SPCA is outraged that Casalaina is being allowed to continue to care for the animals. Calling the conduct of the State Police a "botched arrest," SPCA Chief Mathew B. Tully issued a statement calling for the immediate removal of animals from the farm:

“The SPCA does not support the decision of a New York State Police sergeant who chose to keep the animals in the care of somebody accused of starving them when our agency was ready, willing and able to care for the animals once seized with the assistance of a farm sanctuary,” said SPCA Chief Mathew B. Tully. “This was a dire situation that should have been treated as a serious crime. Animals suffered and died a horrible death and the person responsible should be punished accordingly. The suspect was released within hours while the animals stayed and continued to remain in his possession. This is unacceptable,” added Tully.

Several news outlets have seized upon the story, including WTEN and WRGB. You can watch WTEN's take, which is sympathetic to the SPCA, below.

Read the full press releases below:

From the State Police: State Police in Cobleskill were dispatched to a farm in the Town of Seward, Schoharie County, late Saturday evening, April 16, regarding the lack of care for several farm animals. Responding troopers discovered dead cows as well as malnourished horses and other animals. Troopers provided assistance to the animals Saturday evening and Sunday and called in a veterinarian to assess the animals.

On Wednesday, State Police arrested Gregory Casalaina, age 43, of Richmondville for Cruelty to Animals under Section 353 of the Agriculture and Markets Law, a Misdemeanor. He was arraigned before the Town of Seward Court and released to return at a later date.

Casalaina, who was directed by troopers to provide assistance to the animals, has been working on the property at 877 West Richmondville Road since Sunday to properly dispose of the dead animals and provide the others with food, water and necessary care.

From the SPCA:

SHOCKED AND SADDENED BY ANIMAL CRUELTY CASE SPCA Demands Answers about NYSP Policy

April 21, 2011 – Schenectady, NY – A farm full of neglected animals remains in the hands of an alleged animal killer after a botched arrest by New York State Police. NYSP was called to the scene of Hidden View Farms in the Town of Seward on April 20, following a 911 call about a horse that had been shot by its owner. The officer who arrived at the scene arrested the man responsible, but failed to charge him accordingly or remove the remaining sick and dying animals.

According to NYS Agriculture and Markets Law (NYS AGM) Section 373 (4), any agent or police officer involved in an animal cruelty arrest has the authority to seize custody of those animals at the time of an arrest. In the case surrounding Hidden View Farms, the animals were not removed from the premises and the suspect was released, without bail, in a matter of hours. In addition, the arresting officer chose to charge the suspect with just two cases of animal cruelty, when it is believed he could have faced up to fifteen counts.

“The SPCA does not support the decision of a New York State Police sergeant who chose to keep the animals in the care of somebody accused of starving them when our agency was ready, willing and able to care for the animals once seized with the assistance of a farm sanctuary,” said SPCA Chief Mathew B. Tully. “This was a dire situation that should have been treated as a serious crime. Animals suffered and died a horrible death and the person responsible should be punished accordingly. The suspect was released within hours while the animals stayed and continued to remain in his possession. This is unacceptable,” added Tully.

Chief Tully notes that animal abusers are often repeat offenders. He points to the case of a Schenectady man, Wendell Smith, who was arrested last month for neglecting and ultimately starving his three animals, two of the animals died due to his neglect. Smith was no stranger to the law, and had been arrested in connection with a strikingly similar crime one year prior.