To read the local paper report of this situation see -
http://www.hdnews.net/Story/animals090607

As you will see below Kansas animal cruelty laws are clearly lacking
when applied to this case. Even though animals died, the owner of the
pet store faces only misdemeanor charges. I don't understand how anyone
could do this to innocent defenseless animals relying on everything
from their caretakers. To be trapped in cages with no food or water
starving and dying of dehydration is horrendous torture. Why didn't
she call someone to help them? There is no reason that is acceptable
for this type of treatment of animals.

To read the full text of the Kansas law that applies to this situation
see - http://www.animallaw.info/statutes/stusksst21_4310.htm#s4310

Sec. 1. K.S.A. 2005 Supp. 21-4310 is hereby amended to read as follows:
KS ST [section] 21-4310
21-4310. (a) Cruelty to animals is:
(1) Intentionally and maliciously killing, injuring, maiming, torturing,
burning or mutilating any animal;
(2) intentionally abandoning or leaving any animal in any place without
making provisions for its proper care;
(3) having physical custody of any animal and intentionally failing
to provide such food, potable water, protection from the elements,
opportunity for exercise and other care as is needed for the health
or well-being of such kind of animal; or
(4) intentionally using a wire, pole, stick, rope or any other object to
cause an equine to lose its balance or fall, for the purpose of sport
or entertainment.; or
(5) intentionally causing any physical injury other than the acts
described in subsection (a)(1).
 ....
(2) "Maliciously" means a state of mind characterized by actual
evilmindedness or specific intent to do a harmful act without a
reasonable justification or excuse.
(d) (1) Cruelty to animals as described in subsection (a)(1) is a
nonperson felony.....
(2) The first conviction of cruelty to animals as described in
subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a class A nonperson
misdemeanor. The second or subsequent conviction of cruelty to animals
as described in subsection (a)(2), (a)(3), (a)(4) and (a)(5) is a
non-person felony.

Please write polite letter to the Ellis County Attorney asking that he
prosecute to the fullest extent of the law the person responsible for
these animals, including those that died before and during transport
because of her neglect. Remember that the County Attorney can only
prosecute to the fullest extent of the law and he is not the one to
yell at or be rude to. Polite, factual letters will be helpful.

Mr. Thomas Drees
Ellis County  Attorney
1204 Fort St.
Hays KS 67601
(785)628-9405
(785) 628-9409 (FAX)

Thanks in advance.
tle
www.ferretfamilyservices.org

[Posted in FML 5724]