Carpenter currently faces three charges of Failure to Provide Proper Sustenance, in violation of Agriculture and Markets Law Section 353.
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| Duane Carpenter |
On February 11, 2014 at the request of the Saratoga County District Attorney’s Office, Greenfield Town Justice Michael P. Ginley issued an amended Order pursuant to Agriculture and Markets Law Section 373 to allow Upstate SPCA and its’ agents to make regular visits to 131 Wilton Road, Town of Greenfield to ascertain if any and all horses located there are receiving necessary food, water and care.
The amended Order provides that such visits by Upstate SPCA and its’ agents should also include authority to allow for investigative and diagnostic veterinary care. A previous Order had only allowed for monitoring of the horses.
The amended Order further provides that:
if any horse at that location is found to be in need of food, water or medical care, a report should be prepared detailing the deficiencies and that report is to be forwarded by the Saratoga County District Attorney’s Office to the attorney for the defendant, Duane Carpenter. The defendant then has seven days to address the concerns raised in the report. Failure to do so shall give authority to address and/or treat the conditions set forth in the report, with the ability to subsequently seek restitution from the defendant for the costs involved in treating the horses.
On February 12, 2014, the Saratoga County District Attorney’s Office transmitted to the Defendant’s attorney a detailed report of the issues and concerns identified by a New York State licensed veterinarian concerning the horses located at 131 Wilton Road, Town of Greenfield. Upstate SPCA and its agents continued to monitor the horses during the next seven days. The issues identified in the notice provided the Defendant Carpenter’s attorney on February 12, 2014 were not addressed during the seven day period provided for in Judge Ginley’s Order.
Notice was again provided to the defense attorney and the Greenfield Town Court on February 20, 2014 that the issues set forth in the February 12, 2014 report had not been addressed and that Upstate SPCA and its’ agents would be proceeding to care and treat the horses at 131 Wilton Road. The following day, treatment of the horses commenced and was completed over the course of four days.
The horses at the property were treated for a number of issues, including but not limited to, hoof trimming, dental floating, de-worming and administration of rabies vaccinations. There remain two horses at the property who continue to need treatment, but they are wild and difficult to handle. Additional personnel are being brought in by Upstate SPCA and its agents to be able to make contact with the two remaining horses and treat them.
The costs for this treatment is estimated to be over $ 2,800.00, and reimbursement to Upstate SPCA will be sought as part of any disposition or sentence regarding the charges pending against Duane Carpenter. Upstate SPCA and their designated veterinarian continue to monitor the horses. A licensed veterinarian has indicated that following the treatment noted above the horses there are doing ok.
DA Murphy said “we will not rest until these horses are protected. While the law doesn’t require shelter, it does require food and water and that’s why we had a judge sign an order allowing a vet to go on the property, treat and care for the horses and bill the defendant. We will continue to do this for as long as it takes. We are not going anywhere nor will we rest until these horses are properly cared for, fed, are healthy and the defendant is brought to justice.”
The veterinarian has also noted that the horses are receiving adequate food and water at this time, and that the law does not require them to have shelter (law enforcement has received a number of complaints from local residents complaining that the horses are left outside in the frigid temperatures without cover or protection).
The Greenfield Town Court has scheduled motions to be filed by the defendant’s attorney within the month and the District Attorney’s Office to respond within two weeks of receipt of those motions.
(District Attorney of Saratoga County - Feb 27, 2014)
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