GREENE – The Brooklyn man from whom 76 dogs were seized in October said he felt like he’d been “living with a sword over his head” because of the pressure of keeping the dogs hidden, according to his arresting officer.
Sgt. Timothy Urnaitis of the Chenango County Sheriff’s Office testified Thursday that Steven W. Fong had made this and other “spontaneous declarations” after his Oct. 13 arrest on charges of animal cruelty and failing to provide for the dogs.
These admissions, which included statements that the dogs were his family and that he had believed he needed to hide them, were not prompted by questioning, said the sergeant.
Urnaitis’ testimony was part of a probable cause hearing in the Town of Greene court, called by Judge Dante Acunto as a result of an omnibus motion filed by defense counsel Scott Clippinger.
“There is ... an issue of probable cause in the affidavit to support the search warrant,” reported Clippinger at the start of the proceedings.
District Attorney Joseph McBride, who objected to the need for the hearing, agreed to go along with it “as a matter of convenience” for the court and to move the case forward.
McBride’s first witness was Debra Ives, the Chenango County Sheriff’s deputy who handled the initial investigation.
According to Ives, she first responded to the residence at 145 Williams Road in Oxford on Oct. 10 after receiving a complaint. When she knocked on the door, the windows “filled with small tan dogs” which she said appeared to be matted and covered with feces.
The deputy reported that she had walked around the residence after receiving no answer at the front door and observed more dogs in similar condition at windows at the rear of the double wide modular. She also reported hearing the bark of a larger dog from an extension at the back of the house.
Speaking with neighbors, Ives said she learned that a male subject who drove a van visited the home on a weekly basis. She asked the neighbors to notify the Sheriff’s department if they saw the van.
“The next day, we received a call,” the deputy said, which prompted her and another officer to return to the property, where they interviewed Fong for the first time.
“He stated he only had seven dogs at first,” Ives testified, which was contrary to what she herself could see through the window. He later revised that estimate, admitting to 70, she said.
According to the deputy, Fong offered to show her some of the dogs. First he brought out a pit bull, which Ives said appeared to be healthy and in good condition. Then he brought out two of the Pomeranians, which were in the same condition as those she had seen through the window on her previous visit.
Each time Fong opened the door, Ives said, she “could get a strong odor of urine and feces” even though she was standing approximately 15 feet away.
“It almost burned my eyes,” she said.
Ives reported that she had questioned Fong about whether the dogs were licensed or vaccinated. She said he told her they were not.
According to her testimony, Fong also told her that he visited the property weekly, bringing 100 lbs. of food with him each time.
After the interview, Ives said she returned to the Sheriff’s office where she began the process of securing a search warrant with Urnaitis’ assistance. The search warrant was later signed by Town of Oxford Justice John Weidman.
Next on the stand was Urnaitis himself, who testified to the events of Oct. 12, when he and other Sheriff’s deputies executed the search warrant at 145 Williams Road.
When asked to describe the conditions inside the house, the sergeant said they were “very poor.”
“The food that was left for them was tracked with feces. The water was filled with urine and feces,” said Urnaitis.
“The air was unbreathable,” he continued, reporting that the SPCA staff on hand had been equipped with respirators while he and his partner had not. “We suffered greatly from the exposure to the ammonia.”
Urnaitis said he and his partner returned to the Williams Road property the following day to take Fong into custody. At the time of the arrest, he reported, the Brooklyn man asked that his pit bull be taken to the SPCA.
SPCA Executive Director Carol Hedlund was present in court, but was not called to testify.
At the conclusion of the hearing, Acunto said he would reserve his decision for the time being as there were “multiple matters” included on Clippinger’s omnibus motion. He then set a date for the next pre-trial conference, which will be held at 3:15 p.m. on March 12.
The jury trial has been scheduled to begin on April 21. It will be the first jury trial to be held in the Town of Greene court in many years, according to Assistant District Attorney Bob Larkin.