Published: July 28, 2006 11:03 pm      

SPCA RAID: Pets Plus faces 36 cruelty charges

The Niagara County District Attorney’s office on Friday levied 36 charges of animal cruelty against the Pets Plus store on West Avenue.

First Assistant District Attorney Timothy R. Lundquist said the department’s investigation found that several of the animals seized in the raid earlier this month weren’t receiving the proper care.

“The investigation determined that there were animals on the premises that had not received sufficient food and water or veterinary care,” he said. “(It found) that some of them were emaciated, others were in need of immediate veterinary care and some of the animals died as a result of care that was being provided.”

The charges are filed against the store’s corporate entity, not against any of its owners personally.

The matter is next scheduled for a court date Aug. 7. George V.C. Muscato, the attorney for Pets Plus, argued in City Court on Thursday that the warrant used to execute the search was illegal because it wasn’t signed by a city judge. He has also taken umbrage with the prosecution’s interpretation of the agriculture and markets law, which Muscato said requires the suspects be charged with cruelty before a warrant be issued.

The SPCA filed an affidavit earlier in the week stating that the store was not treating the animals properly.

SPCA officials couldn’t be reached for comment Friday.

Muscato took issue with the charges, saying that his clients provided nothing but the best care to the animals on the premises.

“They have to prove that they treated the animals inhumanely,” Muscato said. “They’re never going to be able to do that because they got first-rate treatment.”

Muscato, who previously called for investigators to either charge his clients or clear their names, said of the news, “It’s about time.”

He said he was prepared to offer a defense of his clients.

“We’ll battle them out in court,” he said. Muscato also continued his assault on the Erie County SPCA, which carried out the raids, saying the group “doesn’t know what they’re talking about.”

SPCA investigators raided the store on July 11, removing dozens of reptiles that it said were in need of veterinary care. The actual number of animals seized has been disputed by Muscato.

A handful of the animals were euthanized. The others are being held at the SPCA’s Tonawanda office as evidence while under a veterinarian’s care.

Investigators said during the raid that it was among the worst scenes they’d come across. Video footage was taken from inside the store showing stacks of plastic shelves, each containing animals, an estimated 5,000 creatures in total.

Contact Eric DuVall at 439-9222, Ext. 6251.