OXFORD – Thirty-eight counts of cruelty to animals and one count of false impersonation have been added to the charges against the Oxford property owner arrested on Oct. 13 after the seizure of 76 Pomeranians.
Steven W. Fong, 56, of 405 Clinton Avenue in Brooklyn, appeared before Oxford Town Justice John Weidman Monday, eight days after Chenango County Sheriff’s Deputies and the SPCA rescued the animals from a double-wide trailer owned by Fong on Williams Road in Oxford and charged him with 76 counts of failure to provide for an impounded animal.
Sergeant Timothy Urnaitis presented the Judge with a signed inventory and photographs documenting the contents of 13 bags removed by deputies on Oct. 12 from 145 Williams Road. According to the inventory, the bags contained the remains of 38 dogs.
Attorney Scott Clippinger, representing Fong, objected to the photographs and asked that they be discarded.
Sgt. Urnaitis also presented an accusation filed by Deputy Debra Ives. In the sworn document, the deputy stated that Fong misrepresented both his date of birth and address to investigators at the outset of the investigation.
In light of the new charges, 38 misdemeanors in total, Sgt. Urnaitis requested that Fong present himself at the Chenango County Sheriff’s Department for re-processing. Fong and his attorney agreed that he would accompany the sergeant to the jail immediately following adjournment.
“The first order of business today is taking care of the animals,” said Weidman.
Carol Hedlund, executive director of the Chenango County SPCA, provided the court with a summary of the cost for the initial 30 days of care for the animals. The $65,465 bill included $34,635 for boarding of the 77 dogs from Oct. 12 through Nov. 11; $12,105 in veterinary care, vaccinations and medical treatment; $3,830 for grooming; $6,245 for supplies and chew toys; $2,050 for the handling and disposal remains; and $6,600 in additional staffing required to care for the animals.
“If he pays them, he will retain ownership of the dogs,” explained Hedlund.
Clippinger immediately questioned the need to re-vaccinate the dogs despite veterinary shot records stating they had previously been vaccinated. He then requested an adjournment to review the rest of the invoice.
If the SPCA’s petition is approved by the court, Fong will have five business days to present payment.
“There is a question of whether it was a reasonable seizure of these animals and that is what we’ll be challenging,” said Clippinger, requesting copies of all affidavits and depositions that were obtained pursuant to securing the search warrant for the Williams Road property.
Upon hearing that an order of protection had been issued ex parte and had yet to be served against his client, the attorney was vocal in his objection. “I’ve never heard of such a thing,” said Clippinger.
Weidman explained that the order had been requested by the SPCA after Fong’s original arraignment and was granted by the court.
Fong’s legal counsel waived reading of the new charges and entered a plea of not guilty on behalf of his client. Fong was released on his own recognizance and is set to appear before the Town of Oxford Court again at 3 p.m. next Tuesday, Oct. 28.
For the time being, the 76 Pomeranians and one pit bull that were seized from Fong’s property are being cared for by the SPCA. The remains of the 38 dogs recovered from Williams Road have been cremated.