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In early 1996, one year after California's
downed animal law went into effect, the first California
stockyard was convicted for violating the law. It was
ordered to pay fines totalling $3,000 and placed on
probation for 6 months.
"Modesto Bee" (March 19, 1996)
Former Turlock Auction manager Russell Felch has entered
a no-contest plea to a
charge he improperly killed a sick calf at the stockyard
in September, 1995. It could be the first time someone
has been prosecuted under a recent state law that regulates
the way a farm animal can be killed.
"From what I've been told and as far as I know, this
is a first", said Rick Blackwell, a detective with Merced
County's animal control division. The yard is south
of Turlock, just inside the Merced County line. "We
went ahead with the charges because the method of euthanasia
was uncalled for and Felch made some statements during
the investigation that convinced me to press charges."
The incident happened September 5 when Gene Baur (formerly Bauston) ,
an advocate of farm-animal rights who was inspecting
the yard for signs of abuse, called Felch's attention
to a sick calf. When Felch didn't take any action, Bauston
took pictures of the calf.
"Then Felch came by and demanded my camera," Bauston
said Monday. "I immediately asked what he would do for
the calf. He walked into the pen, and I thought he was
just going to inspect the animal. But instead, he pulled
out a hammer and started pounding on its head. It was
very upsetting.
"Under a state law that became effective in January
1995, Felch had two options: have a veterinarian examine
the calf or, if the animal was clearly in pain, quickly
dispatch it with a small caliber gunshot or a lethal
injection, Bauston said.
The law, Penal Code 599f(b), requires immediate attention
to livestock too sick to stand.
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