Update Sept. 28, 2010: David Yoder has pleaded guilty to 74 counts of illegal destruction of animals and will pay a $505 fine. Not much of a penalty for such heinous torture suffered by the 93 dogs he gassed in groups of 5-6 in a makeshift carbon monoxide gas chamber.
Yoder has already lost his USDA license to operate as a wholesale dog breeder. He also lost his local kennel license.
For more on this, read Animal Law Coalition’s report below.Â
Original report: A U.S. Dept. of Agriculture (USDA) Animal Care inspector, Andrea D’Ambrosio, wrote in an inspection report on July 16, 2010 that the previous day she found that New York commercial dog kennel breeder "took it upon himself to depopulate his kennel and euthanize his own dogs".
"Euthanize", though, is a euphemism for what happened. The breeder, David Yoder of Romulus, New York, took a whelping box that he fitted with a metal door with a hole in it. He put the exhaust pipe of a 3 horse power engine and pumped carbon monoxide gas into the box filled with dogs. He killed 78 adult dogs and 15 puppies in this way. He killed dogs in groups of 5-6, all carried out in front of the other dogs in his kennel.Â
As for himself, Yoder left the dogs alone some of the time because the fumes gave him a headache. D’Ambrosio noted in her report the gassing "potentially caused high levels of behavioral stress and unnecessary levels of discomfort" to all of the dogs. Indeed.
Yoder’s killing of these dogs violated Animal Welfare Act regulations. 9 CFR 1.1Â For more on AWA regulations for commercial dog breeders….Â
Go here for a look at the scathing audit of USDA inspections of puppy mills and pending federal legislation to try to improve conditions for dogs trapped in the pet trade.
The Yoders’ USDA license for their kennel called Black Diamond Acres was cancelled on July 28, 2010, too late for the dogs and after repeated violations of USDA regulations. Attached below for downloading is a copy of Yoder’s inspection reports. Animal Law Coalition has submitted a request for information about whether Yoder was ever cited and fined, disciplined in any way for the numerous violations, including the ghastly gassing of these dogs.
No one at the USDA mentioned this act of cruelty to the sheriff or district attorney of Seneca County, but a report has now been filed by Mary Ann Kowalski of the Seneca County SPCA, who discovered the inspection report buried in USDA online files. Yoder’s gassing of these dogs surely amounts to cruelty if not torture in violation of NY law. NY CLS Agr & M § 350, et seq.Â
What about the state regulators? This horrific act of cruelty violated New York law regulating pet dealers. NY CLS Ag. & Mkts. Sec. 401. Well, according to Ana M. Colon, LVT, Pet Dealer Program Manager, NYS Department of Agriculture and Markets, Division of Animal Industry, explains, "Our licenses pertain to retail level sellers. Mr. Yoder is/was a wholesale seller."
A "pet dealer" is defined as "any person who engages in the sale or offering for sale of more than nine animals per year for profit to the public. Such definition shall include breeders who sell or offer to sell animals; provided that a breeder who sells or offers to sell directly to the consumer fewer than twenty-five animals per year that are born and raised on the breeder’s residential premises shall not be considered a pet dealer as a result of selling or offering to sell such animals. Such definition shall further not include duly incorporated humane societies dedicated to the care of unwanted animals which make such animals available for adoption whether or not a fee for such adoption is charged." NYS CLS Ag. & Mkts. Sec. 400
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State inspectors say the law is impossible to enforce. They say they cannot prove a breeder, for example, sold dogs, especially more than 25, directly to the public. The law is weak anyway, allowing dogs to live in cages 24/7 with wire flooring with minimal care and no exercise and limited protection from the weather. NY CLS Ag. & Mkts. Sec. 401. The state relies on the USDA to regulate breeders that sell dogs indirectly to the public through dealers or pet stores.Â
WHAT YOU CAN DO
Atrocities like this should be a catalyst for those of us who live in New York to step up and lobby for changes that will shut down places like Yoder’s and ensure dogs and other animals trapped in commercial facilities have plenty of space, good veterinary care, exercise and socialization and euthanized humanely only when it is appropriate. Breeders and dealers profiting off of these dogs shouldn’t be allowed to treat them like inanimate objects, inventory, that they stuff into cages and ignore or as in this case, torture and brutally destroy. The next legislative session begins in January….
THIS MAN IS OBVIOUSLY A PSYCHOPATH!!!!!! HE MUST BE PUT OUT OF BUSINESS!!!!!!!!!!!!!!!!! HE MUST BE PROSECUTED TO THE FULLEST EXTENT OF THE LAW…AND THEN SOME!!!!!!!! HE MUST BE FINED WITH FINES SO EXTREMELY HIGH THAT HE LOSES EVERYTHING HE CURRENTLY OWNS OR WILL EVER OWN!!!!!!! HE MUST NEVER BE ALLOWED TO OWN ANOTHER ANIMAL FOR AS LONG AS HE LIVES!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
ON JUDGEMENT DAY, JESUS CHRIST WILL SURELY SENTENCE DAVID YODER TO ETERNITY IN HELL, AND THROWN INTO AN ETERNAL LAKE OF FIRE!!!!!!!!!!!!!!!
Beyond disturbing!!!!!!!!!!!!!!!!!!! Criminal charges should be in force on cases like this. The law needs to be changed immediately
The USDA continues to fail in their performance in conducting investigations and just plain and simple—doing their job.
Perhaps it is time for a class action suite
by us taxpayers agains the USDA. In our jobs,
if we performed in this manner, we would be FIRED.
Frankly, I am tired of the laim excuses.
Amen June! What a sick and cruel specimen of a human he is!
A sick, evil and barbaric person. Prison is too good for him !!!!!!!!!!!!
How could anybody do such a thing! The noise from the poor dogs inside the box must have been horrendous but it obviously did not penetrate his cold heart. I have never had any respect for those that breed animals to make money off of them, It’s time that animals received the protection they deserve. There should always be prosecutions and custodial sentences for cruelty to animals and it can be a deterent to others. he should be severely punished, after all, it is murder, it is life whether it is human life or not and all life forms must be respected.
This is so disgusting. I just want everyone to stop supporting these breeders. Please–anyone who is reading this–tell everyone you know to Adopt you next pet at a shelter or rescue group. Never, never support puppy mills by buying from backyard breeders and pet stores. And if you do go to a breeder, check out the premises. If they don’t want you on their property, walk away and then call animal control.
Maybe if everyone starts boycotting Amish products (they are big into puppy mills) there will be less incentive to abuse these dogs. The Amish don’t have much compassion for animal welfare.
I have to believe that at some point…what “goes around will come around”…I truly believe these innocent creatures cannot be tortured without retribution of some type. I hope they are looking forward to their death…there are only two places to go for eternity..and that is a very, very long time….
HE SHOULD BE GASSED TO DEATH IN THE SAME WAY HE DID TO THE POOR DOG’S, WHO NEVER KNEW WHAT IT IS TO HAVE LOVE/CARE /RUN IN THE PARK/ CHRISTMAS PRESENTS’S/TREAT’S AND A WHOLE LOT MORE!!!!
DAVID YODER TOOK AWAY THEIR LIFE AND CHANCE OF HAPPINESS!!!!!!
THE SAME SHOULD BE DONE TO DAVID YODER!!!!!!!
IF YOU KILL A PERSON IT’S THE DEATH PENALTY/LIFE………….SO IT SHOULD BE THE SAME FOR KILLING ANIMAL’S!!!!!!!
HE SHOULD BE GASSED TO DEATH IN THE SAME WAY HE DID TO THE POOR DOG’S, WHO NEVER KNEW WHAT IT IS TO HAVE LOVE/CARE /RUN IN THE PARK/ CHRISTMAS PRESENTS’S/TREAT’S AND A WHOLE LOT MORE!!!!
DAVID YODER TOOK AWAY THEIR LIFE AND CHANCE OF HAPPINESS!!!!!!
THE SAME SHOULD BE DONE TO DAVID YODER!!!!!!!
IF YOU KILL A PERSON IT’S THE DEATH PENALTY/LIFE………….SO IT SHOULD BE THE SAME FOR KILLING ANIMAL’S!!!!!!!
Well, that beats the Pennsylvania breeder who systematically shot his 90 dogs last year because he didn’t want to comply with Pennsylvania’s new law. I can’t believe either person could do that. If that doesn’t tell the public what is–or isn’t–in a breeder’s heart about its “product”, I don’t know what can.
Friendly letter to the prosecuters in New York. Not so friendly letter to the damn USDA. It is time for a major lawsuit against the USDA…they are useless in enforcement of the AWA. Since Animal Welfare / Rights groups do all the work now, well I think its time the USDA be fired. Wishing it could be done!!!
I agree I have been boycotting all amish products since I saw how they treat their horses and other animals. These people do not deserve to have animals. They treat them like crap. They use their horses up then dump them at the slaughter auctions! Who the hell does that? Those who don’t care. Don’t let their “religion” fool you they know exactly what they are doing and it needs to stop. They are the biggest puppy millers in the USA. Check out Lancaster county PA list of puppy mills 99% are amish.
BOYCOTT THE AMISH! MAKE THEM ACCOUNTABLE FOR WHAT THEY DO.
This breeder (most breeders) look at dogs as money, a commodity. I hope this guy gets what he deserves AND the USDA needs to crack down more on this industry. An industry which SHOULD NOT EXIST!
Here is the letter I sent out to District Attorney in Seneca County. Please feel free to use it as well.
Dear Sir,
I was stunned when alerted to a very serious crime that took place in Romulus, NY where dog breeder David Yoder killed 93 dogs in a make shift gas chamber.
According to the article, circulated by Animal Law Coalition:
The breeder, David Yoder of Romulus, New York, took a whelping box that he fitted with a metal door with a hole in it. He put the exhaust pipe of a 3 horse power engine and pumped carbon monoxide gas into the box filled with dogs. He killed 78 adult dogs and 15 puppies in this way. He killed dogs in groups of 5-6, all carried out in front of the other dogs in his kennel.
As for himself, Yoder left the dogs alone some of the time because the fumes gave him a headache. D’Ambrosio noted in her report the gassing “potentially caused high levels of behavioral stress and unnecessary levels of discomfort” to all of the dogs.
Imagine the type of individual that would systematically kill this large number of dogs in this way. With the numbers provided we can conclude that Yoder filled, and emptied, that gas chamber over 15 times to kill each of those dogs. Imagine, now, the panic the last group of dogs must have felt.
The emotional aspect of this is not fully what I am asking you to consider, although it does certainly play a part. It is the fact this individual broke the law, and the extent to which he did. I implore you to examine this case as it violates Animal Welfare Act regulations. 9 CFR 1.1.
This is a challenging issue, as public demand still supports breeders that “produce†thousands of animals each year. Organizations like Animal Law Coalition continue to educate the public, and are making a difference on that front. However, it is individuals in a position of upholding the laws set forth, and improving upon the laws going forward that can also have a fantastic positive influence on the lives of animals. It is the voiceless that depend on you personally to uphold the law which protects them.
Thank you for your time and consideration.
Ann
He is a scumbag and now lives in fear for himself and his family.
There should be jail time for this horrofic crime!! How can the District Attorney’s office say they are not sure there was crulety or suffering involved?? It’s time to do some research and get the facts regarding this type of torture before you speak. Shame on you.
David Yoder deserves jail time. Paying $500.00 in fines is a slap on the wrist. His should not be allowed to continue to breed dogs. He has been told to bring unwanted dogs to a vet to be destroyed. You got to be kidding. Shame on the vet who would agree to this. Give the dogs a chance to live happy lives. Maybe he should not have the females reproduce as often as they are. He has too many dogs!! Am I the only one not agreeing to his penalty and his future way of doing business? It is sickening!!!
Why are we allowing these barbarians to profit from dogs and puppies as products. These animals should be removed from these commerical breeders NOW. They should be shut down! Regulation is not enough. With so many dogs in need of homes, there’s no reason anyone should be mass producing puppies. There are already too many dogs for the homes that will take them in. The problem keeps multiplying and waiting to deal with it means loss of many animal’s lives, not to mention the cruelty inflicted on those who live. There are scores of rescues and shelters who could at least attempt to rehome puppy mill animals but it won’t happen unless we act to shut these operations down and stop this disgusting business from taking place. No, we won’t be able to save them all, but we can start a change for the sake of future animals. SHUT DOWN PUPPY MILLS NOW! This idiot should be jailed for 93 years. If he and his family are being threatened, perhaps that’s just small consequence for his actions. I don’t advocate violence but some “discomfort” is fitting for the crime.
So, what you’re telling me is that these dogs’ lives were only worth $5.43? This person is an abomination to society and surely must warrant more than this pitiful fine. And to the USDA, where the hell were you when all this was going on? You are a disgrace to your profession. Aren’t you supposed to be the ones PROTECTING these animals or is this simply a means by which to receive Government funding because your “understaffed”? Remember…..what goes around, comes around and someday you WILL have to answer for your actions. And by the way…..every dog DOES have its day.
This wicked, evil man should have been sent to Prison and never, ever allowed to breed animals again, in fact he must be banned for life from ever being near an animal again. He was obviously no animal lover and just kept these poor dogs to use and abuse, and to make him some easy money. I hope he suffers guilt every day for the rest of his misereable life, and may he suffer payback, big time!!!!! Just fining this scumbag is no deterrent to others who might be likely to mistreat, torture and/or kill innocent creatures. Shame on Seneca County SPCA if they can’t take this piece of scum back to Court and get him and his equally vile wife, the prison sentences they deserve, especially since new evidence has come to light.
SO BARBARIC!!CRUEL! AND INHUMAIN! PRACTICE! LIKE A SAME FINAL SOLUTION “AUCHWITZ” THIS IS VERY PITIFUL!!! THEIR POOR *ANIMALS* SUFFOCATE! BEFORE TO DIE! CRY! SO HART! MAKE ME SIC!! THAT IS OUTRAGEOUS! HORRIBLE!!! MUST BAN! RIGHT NOW! GAS CHAMBER! SO SHAMEFUL!! ALL THEIR *ANGELS* ARE CREATURES OF*GODS* REMEMBER YOU THIS!!! ONE DAY IN A FUTUR! TO CAME THE TIME FOR PAYE THIS ATROCITY!! ALL THEIR KILLERS ABUSERS OF ANIMALS PSYCOPATH EVILS MEMBERS!! GO TO ROT IN HELL! FOR THE ETERNITY!!
WHY DO WE ALLOW MONSTERS LIKE THIS TO GET AWAY WITH MURDER, SLAUGHTER. HOW IS THIS ALLOWED….BECAUSE THEY ARE ANIMALS AND ARE LESS AN HUMAN??? ANIMALS ARE SO MUCH MORE WORTH LIVING THAN SO CALLED PEOPLE WHO TREAT ANIMALS WITH FEELING MORE THAN MOST PEOPLE. NOT ALL MEN ARE SMATER THAN ANIMALS, BUT I JUST CAN’T CRY ANY MORE. I JUST HAVE A CONSTANT KNOTT IN MY GUT. I WISH I COULD SHOW THIS PERSON WHAT I THINK, AND HE WOULD NOT BE SHOWN ANY COMPASSION FROM ME. HE KNEW WHAT HIS INTENT WAS AND THIS ACTIONS SPOKE FOR ITSELF. FINE AND PRISON IS NOT EGOUGH.
Does everyone realize if we all adopted a puppy mill rescue, which I have done in the past 2 weeks, this is the joy of my life, it would put the AKC out of business? Think about this, theirs is a business of having dogs registered. Even though they would never approve of puppy mills, the dogs you get from there are usually AKC registered. If the hundreds of thousand dogs that start in some way through a puppy mill no longer had the paper work to be registered with AKC, that would end the need for dogs with papers and pedigrees. No more numbers for dogs. Wow that is a new spin on puppy mills. Why doesn’t the AKC start to ban breeders who are using puppy mills to make their millions? How many true breeders, good breeders, without puppy mills, do truly exist out there and how many dogs are usually sent through AKC? If bred correctly, with the proper rest between to let the mother get back in good health, that would cut out at least one hundred thousand a year? I am guessing here, but isn’t that a place to start?
I am not saying there is anything wrong with AKC and papers, I am saying they have to know something if the same breeders are sending that many puppies through to be registered? Can’t they do something to help the USDA know where to look for over breeding?
My two cents worth.
I can only say One and One thing only.
DEATH PENALTY.
If we keep forgiving such a cruelty we are as guilty as this family is.
I am not like Ponzio Pilato and I am not washing my hands of it.
I want these nasty puppy mills and any animal abuser in general to get finally DEATH PENALTY.
Why is society accepting such inhumane acts? WHY?
DEATH PENALTY SHOULD ALREADY BEING IN PLACE.
WE need to protect these innocent pure angels that God gaves us.
If we let this injustice continue, we are just being ungrateful.
Dogs are man’s best friends, well if that is correct, we all are completely insane in letting these loosers getting out of it with no PUNISHMENT.
Dogs cannot fight for their RIGHTS, We should protect them with every inch of our souls.
DEATH PENALTY PLEASE.