# They Stood on His Neck. New York’s Cruelty Statute Calls That a Felony. Where Are the Charges?

Auremont Vale

2026-09-02T03:36:15+00:00

[Canonical article](https://auremontvale.com/journal/marshall-bioresources-criminal-charges-beagle-cruelty/)

A criminal referral now sitting on the desk of Wayne County’s district attorney describes conscious beagles screaming and thrashing for ten minutes while untrained workers pumped pentobarbital into their bellies at Marshall BioResources. New York’s aggravated-cruelty statute, its corporate-liability law, and its seizure-warrant authority already reach every act described, and the clock on the last known killings is running. Meanwhile, the only people facing prison over America’s beagle mills are the dog rescuers.

The dog went under the cages.

 

He was small, and he was frightened, and the worker assigned to kill him could not find a vein. That happens with beagles who are dehydrated, or very young, or fighting for their lives. So a supervisor hooked him out with a catch-pole, dropped him on the concrete, and put a boot on his neck. With the dog pinned, the worker pushed a needle through his abdominal wall and emptied a syringe of sodium pentobarbital into the cavity that holds his liver, his intestines, his bladder.

 

He did not go to sleep. He thrashed under the boot. He struggled until he died.

 

That account, given by a former employee, reviewed by a veterinarian with a quarter-century of practice, and set down by a former federal prosecutor, was delivered on Monday, August 31, to Wayne County District Attorney Christine Callanan and Sheriff Robert Milby. Bonnie S. Klapper, who spent her government career prosecuting narcotics traffickers and now acts for the Coalition to Save the Marshall Dogs, asked them to open a criminal investigation of Marshall Farms Group Ltd., which conducts business as Marshall BioResources, and to seize animals needing protection from its breeding operation in North Rose. It is, by the coalition’s count and the government’s own inspection tallies, the largest breeder of dogs for experimentation in the United States.

 

The referral does not describe a bad day. It describes a killing system.

 

## The Killing Assignment

 

From early 2021 through late 2022, the former employee reported, killing dogs was part of the job. It was frequently done alone. No veterinarian was present. No veterinarian had provided training. The instruction was to inject a blue pentobarbital solution into a vein, and when a vein could not be found, the instruction was to inject the drug into the abdomen of a fully conscious, unsedated animal.

 

The dogs did not lose consciousness promptly. They screamed. They arched. They thrashed and struggled. Some remained active long enough to receive a second abdominal injection. The employee described them as suffering “as if they were being burned alive from the inside.”

 

Killings happened on most working days. Abdominal injections came at least once every other week. The dogs were healthy animals killed to make cage space, because their breeding lives were over, because they had blue eyes or kinked tails, because their litters were too small, or because a mother barked when people approached her puppies. The coalition, summarizing the referral, puts the annual toll of dogs killed for cosmetic or convenience reasons in the hundreds. Bags of dead dogs accumulated beside the incinerator in piles as tall as the men stacking them.

 

A dog strapped down for forced inhalation-mask training, the acclimation that prepares an animal to breathe test compounds through a mask, tried to roll free, tangled in her harness, urinated and defecated in panic, and was dead when staff returned. Dogs were thrown into transport cages “like a frisbee,” heads snapping against the back walls. In barely heated barns, puppies searching for warmth burrowed into wet-food pans, and some suffocated there.

 

The pattern does not rest on one witness alone. Federal inspectors, on their own visits, documented untreated injuries, feces accumulated where nursing mothers and puppies could not avoid it, flooring that trapped puppies’ feet, and food containers that could not be adequately cleaned. In August 2021 they found a series of animals with serious untreated injuries, including a mother with a puncture wound in her mammary gland.

 

Dr. Sherstin L. Rosenberg, a veterinarian with more than twenty-five years of practice, reviewed the employee’s account, video and photographs from the facility, and the federal inspection record. Her conclusion was clinical and unsparing: the sustained movement and vocalization at Marshall were the responses of conscious animals to a painful stimulus, often for ten minutes or longer, and the method did not meet the federal definition of euthanasia.

 

## The Chemistry of a Bad Death

 

Pentobarbital is the drug veterinarians reach for because, given into a vein, it works in seconds: the animal loses consciousness first, and breathing and the heart stop afterward. That is the entire promise of the “good death” the word euthanasia is supposed to mean.

 

Given into the abdomen, the drug keeps none of that promise on its own. Veterinary guidance treats the intraperitoneal route as a fallback, principally for small animals in which a vein cannot practically be reached, and it comes with warnings that describe the Marshall killing floor precisely. Absorption across the abdominal lining is slow and variable, so time to unconsciousness stretches out. Pentobarbital solutions are strongly alkaline; if the needle delivers the drug into or against an organ, the injection itself is painful. Clinicians who use the route at all recommend sedating the animal first and leaving it undisturbed while the drug takes effect. Military working-dog protocols treat it as impractical for medium and large dogs because of the volume required and the prolonged time to death.

 

At Marshall there was no sedation, no quiet, no veterinarian: a frightened adult dog pinned by the neck, an injection placed by someone with no training in where the needle should go, and a second injection because the first had not worked. Dr. Rosenberg concluded that abdominal injection of a caustic solution into a conscious dog can cause severe tissue damage and pain, and that what Marshall’s workers watched for ten minutes at a time was that pain.

 

Marshall advertises its AAALAC accreditation. That accreditation is awarded against the *Guide for the Care and Use of Laboratory Animals*, the industry’s own rulebook, which requires that euthanasia be consistent with the American Veterinary Medical Association’s guidelines, and those guidelines require that the people doing it be trained and proficient. The standard the company puts on its letterhead is the standard it broke in its own barns.

 

The word “euthanasia” describes a result. It is not a label a company can attach to a procedure that produced the opposite.

 

## What the Company Says, and What Ridglan Teaches About It

 

Marshall’s public account of itself, on its website and in statements to reporters, is a portrait of professionalism: trained caregivers who handle the animals daily, on-site veterinary staff, kennels sanitized on a schedule, AAALAC accreditation, ISO certification, and, it emphasizes, unannounced federal inspections in May and July of 2026 that produced clean reports with no citations. The company says it does not conduct pharmaceutical or medical-device testing; it raises dogs, cats, ferrets, and minipigs for studies its customers run. It says that when it breeds more animals than the market wants, it looks first to adoption, and that it is pursuing a licensed rehoming facility. It says activists overstate its animal counts and that it employs more than two hundred people in New York.

 

Marshall says trained caregivers handle every animal daily; the former employee says he killed dogs with no training from a veterinarian. Its public account places veterinary staff on site; the employee says none was in the room. It describes overbreeding as rare and adoption as the first response; the employee says killing happened on most working days, and the coalition counts the annual toll in the hundreds. Marshall says dogs there “may need to wear masks”; the employee describes a dog dying in a harness during mask training. The company’s marketing department wrote one account. A person with nothing to gain and a great deal to lose gave the other to a former federal prosecutor.

 

Take the company at its word on staffing: more than two hundred people. Federal inspectors recorded 33,203 puppies, dogs, kittens, cats, ferrets, and pigs across four of its New York sites in the first half of 2026, by Rise for Animals’ tally of the inspection reports. That is roughly one person for every 165 animals, before anyone is assigned to shipping, sales, maintenance, or the front office.

 

Staff halted mask training when inspectors were on site and ran “panic cleans” before they arrived; the former employee watched both. A clean report records what the company arranged for inspectors to see. Schedules, internal messages, and inspection-day assignments, under grand-jury subpoena, will settle the point in the company’s own hand.

 

Wisconsin has just finished teaching the country what a clean federal inspection record is worth. Ridglan Farms, a beagle breeder outside Madison, cited that record relentlessly: thirty federal inspections between 2014 and 2026, only four with any findings, none deemed critical. In January 2025 a Dane County judge, having heard former employees testify under oath, found probable cause that the company had committed felony cruelty. The special prosecutor she appointed spent eight months on the evidence and concluded that non-veterinarians had routinely cut glands out of dogs’ eyes without general anesthesia and that he could charge it as a felony. This summer the state veterinary board permanently revoked the license of Ridglan’s head veterinarian for delegating hundreds of surgeries to unqualified workers, many performed without proper anesthesia.

 

Every one of those findings post-dated years of clean inspections. The federal inspection regime did not see Ridglan’s crimes. It was never designed to. Marshall’s clean reports from May and July of 2026 do not adjudicate a killing protocol that ran from 2021 into 2022, and a New York grand jury applying New York’s cruelty statute is not bound by them.

 

## What “Sadistic” Means in New York

 

New York wrote its felony cruelty statute in 1999, after a Schenectady cat named Buster was doused with kerosene and burned alive. Agriculture and Markets Law § 353-a, which New Yorkers still call Buster’s Law, makes it a felony punishable by up to two years in prison when a person, with no justifiable purpose, intentionally kills or seriously injures a companion animal through conduct intended to cause extreme physical pain or carried out in “an especially depraved or sadistic manner.” Under § 350, every dog is a companion animal. Commercial ownership, a federal dealer number, and an inventory code do not change what the animal is.

 

Prosecutors need no confession that a killer enjoyed the pain. New York’s courts permit intent to be inferred from the method, its duration, its repetition, what those present observed, and the natural consequences of conduct repeated after its effects were known. The cases turn on prolonged suffering, cumulative acts, and prior knowledge.

 

In *People v. Taylor*, 246 A.D.3d 1478 (4th Dep’t 2026), decided in February, the Fourth Department reinstated two felony counts against a man who knotted three healthy eight-week-old kittens inside a pillowcase and left them on a balcony in a snowstorm. A trial judge had reduced the charges. The appellate court unanimously restored them, holding that evidence the kittens were killed in a manner that inflicted extreme pain on the dying animals, or in a manner likely to prolong their suffering, was enough to sustain the indictment.

 

In *People v. Restifo*, 220 A.D.3d 1113 (3d Dep’t 2023), the Third Department affirmed a felony conviction of a man who let his two dogs maul a cat on its owner’s porch, and set out the governing questions: whether the manner of killing was likely to prolong suffering and whether the acts, considered cumulatively, established aggravated cruelty. Intent, the court held, could be inferred from the totality of the circumstances and the natural and probable consequences of the defendant’s conduct.

 

In *People v. Augustine*, 89 A.D.3d 1238 (3d Dep’t 2011), a man shot a healthy dog in the head five times. Any one shot would have killed. The Third Department held that the excess itself was conduct carried out in an especially depraved or sadistic manner.

 

In *People v. Degiorgio*, 36 A.D.3d 1007 (3d Dep’t 2007), a defendant kicked a dog while wearing boots, lifted him by the neck, shook him, struck his head against a door, and threw him down basement stairs. The court held that the acts, considered together, met the felony standard even if an isolated act might not have.

 

Every feature those courts weighed is present at Marshall. A boot on a dog’s neck. A caustic injection into the abdomen of a conscious animal. Screaming and struggling for ten minutes. A second dose while the dog was still moving. Repetition over nearly two years under supervisors who directed the method and kept it in use after its effects were plain to everyone in the room. The protocol converted visible agony into routine production: pain observed, method repeated, body bagged, next dog assigned. Section 353-a supplies the legal word for that manner of killing. The word is sadistic.

 

The healthy-dog killings supply the other element, the absence of a justifiable purpose. According to the former employee, Marshall killed healthy dogs for cage capacity, breeding yield, eye color, tail shape, litter size, and ordinary maternal protectiveness. Commercial convenience explains those decisions. Nothing in § 353-a justifies them.

 

## The “Properly Conducted” Requirement

 

Marshall’s proximity to the research industry does not lift every act on its property out of New York’s criminal law.

 

Sections 353 and 353-a exempt scientific tests, experiments, or investigations only when they are “properly conducted” in laboratories or institutions approved for those purposes by the state commissioner of health. Three things must be true at once: the activity must be a scientific test, experiment, or investigation; the institution must be approved; and the work must be properly conducted. The Nassau County District Attorney’s published guidance on § 353-a reads the statute’s exemptions as immunizing only conduct that is itself lawful, so that an actor who breaks the laws governing an exempt activity can still be prosecuted.

 

The killings fail the first requirement before reaching the third. They occurred in a commercial breeding operation. The stated reasons were cage space and cosmetic grade. A mother tagged “DBA,” do not breed again, was killed because Marshall had exhausted her reproductive use. A puppy with the wrong eye color was killed because the company did not want him in inventory. None of that is a test, an experiment, or an investigation. Marshall itself says it conducts no pharmaceutical or device testing, and its annual federal research reports have listed zero dogs used in experiments since 2021. Breeding and selling animals to laboratories does not convert the culling of unwanted breeding stock into science.

 

The word “properly” independently defeats any claim of automatic immunity. Dr. Rosenberg concluded that the method departed radically from veterinary and animal-welfare standards. The dogs were conscious and unsedated. The personnel were unqualified. The preferred route failed and the painful route was repeated. A supervisor used a boot as a restraint. The deaths displayed pain and distress in place of rapid unconsciousness. Whatever else that is, it is not properly conducted anything.

 

A license is permission to do specified business under a regulatory scheme; it is not a certificate that every future act is properly conducted science. A federal inspection report records what inspectors observed and reviewed on one visit. It does not adjudicate an undisclosed killing protocol from earlier years.

 

Wisconsin’s special prosecutor, in his report on Ridglan, noted that the company intended to argue it was immune from the state cruelty statute because it conducted research and bred dogs for research. He treated that argument as a litigation risk, not a bar. New York should treat Marshall’s version the same way: as a factual question to be answered with records. Wayne County should obtain the state approvals, the research protocols, the animal-disposition rules, the euthanasia procedures, the veterinary-care plan, the inspection notices, the kill lists, and the records identifying the purpose assigned to every dog killed. For each dog, Marshall should have to name the approved experiment, the scientific objective, the protocol, and the qualified supervision that brought the killing within the exemption. No such experiment exists for a dog killed for the color of his eyes. The exemption is gone.

 

## Charge the Company

 

The killing system was company work: supervisors assigned it, employees performed it on shift, Marshall supplied the controlled drug, the bodies entered Marshall’s incineration stream, and the deaths served its breeding capacity and commercial standards.

 

New York Penal Law § 20.20 supplies a direct route to corporate criminal liability. A corporation is guilty of an offense when a high managerial agent engages in, authorizes, commands, or recklessly tolerates the conduct while acting within the scope of employment and on the corporation’s behalf. For misdemeanors, liability extends further, to conduct committed by any agent acting within the scope of employment and for the company.

 

Someone decided that the dog under the cages would die by the abdomen. Someone stood on his neck. Someone assigned both of them to the job and kept assigning it. The felony corporate question is one of authority and knowledge, and it can be answered with paper. Who wrote the killing procedure? Who decided that a worker unable to find a vein should use the abdomen? Who controlled the pentobarbital? Which veterinarian signed the care plan? Who reviewed mortality reports? Who heard complaints, or stood in the room and watched? Who allowed the method to continue after dogs screamed, thrashed, and required a second dose?

 

*People v. Joseph Stevens & Co.*, 31 Misc.3d 1223(A) (Sup. Ct. N.Y. County 2011), applied § 20.20 and recognized that a corporation answers criminally for conduct authorized or recklessly tolerated by personnel responsible for policy or managerial supervision. *People v. Rios*, 26 Misc.3d 1225(A) (Sup. Ct. Bronx County 2010), marks the proof line: managerial knowledge cannot rest on stacked inferences. It need not. Standard operating procedures, veterinary records, controlled-substance logs, training materials, staffing records, internal messages, surveillance, mortality data, and incinerator records can establish the chain of authority directly, in the company’s own hand.

 

Individual responsibility runs along the same chain. Penal Law § 20.00 makes a person liable for another’s conduct when, with the required mental state, that person solicits, requests, commands, or intentionally aids the offense. The hand that injects, the supervisor who orders the injection, and the manager who keeps the method on the books occupy separate positions in one criminal event. All three are reachable.

 

## Who Was Authorized to Hold the Syringe?

 

The referral identifies a second felony that does not depend on proving anyone’s state of mind about pain.

 

New York Education Law § 6701 defines veterinary medicine to include treating an animal for pain, injury, or physical condition, and § 6512 makes unauthorized practice of a licensed profession, and aiding or abetting it, a class E felony. The former employee reported having no veterinary license, no veterinary-technician license, no euthanasia-technician certification, no training from a veterinarian, and, usually, no veterinarian in the building.

 

The precise charge will turn on the company’s records. Education Law § 6712 exempts technicians performing technical procedures in a research facility, on institution-owned animals, under the direct supervision of a qualified professional. That makes three facts decisive: whether the worker was functioning as a technician, whether commercial culling was a research-facility procedure, and whether a qualified professional directly supervised the killings. All three cut against the exemption: a husbandry worker assigned to kill breeding dogs, often alone, trained by non-veterinary personnel, with no veterinarian present. Section 6712 offers no shelter to that arrangement, and a supervisor’s instruction to use the abdomen is evidence that Marshall caused unqualified personnel to perform a lethal veterinary procedure.

 

In Wisconsin, the single offense Ridglan’s special prosecutor concluded he could prove to a jury was mistreatment arising from surgeries performed on dogs by non-veterinarians without anesthesia; the state licensing board then stripped the supervising veterinarian of his license for delegating them. Unqualified hands doing a licensed professional’s work is the most provable species of cruelty case there is, because it turns on credentials and rosters rather than on what a defendant felt.

 

The controlled-substance records deserve the same urgency. Pentobarbital is a Schedule II drug kept under lock precisely so that every dose is accounted for. Investigators should identify each registrant, each person with access, every quantity received and dispensed, every animal assigned a dose, every discarded vial, and every discrepancy between drug inventory and recorded deaths. The company’s ledgers can identify killings no witness remembers individually.

 

## Congress Already Wrote the Definition

 

Federal law belongs in this investigation too, and it begins with a definition.

 

The Preventing Animal Cruelty and Torture Act, 18 U.S.C. § 48, punishes purposeful crushing, burning, drowning, suffocating, impaling, or other serious bodily injury to an animal where the required connection to interstate commerce exists. The maximum sentence is seven years. The statute carves out customary veterinary and husbandry practices, medical and scientific research, and euthanasia.

 

Congress defined that last exception with unusual precision, and it tracks the definition the Department of Agriculture has used for decades in its Animal Welfare Act regulations. “Euthanizing” means humane destruction by a method that produces rapid unconsciousness and subsequent death without evidence of pain or distress, or by a method using anesthesia that produces painless loss of consciousness and then death.

 

Rapid unconsciousness: the Marshall dogs stayed conscious for minutes. Without evidence of pain or distress: they screamed, arched, and thrashed. Anesthesia: none. A second abdominal dose is itself evidence that the first produced neither unconsciousness nor death. Dr. Rosenberg concluded the method produced severe pain and violated the federal definition. A conscious dog screaming under a boot for ten minutes was not euthanized as Congress defined the term, and calling the procedure euthanasia cannot activate an exception whose elements the procedure failed.

 

The federal case still requires proof that the actor purposely caused a covered injury, that interstate commerce was implicated, and that the research and customary-practice exceptions do not apply. Marshall ships animals across state lines as its business model, which settles the jurisdictional hook. Commercial culling is not research. What remains is a factual question about purposeful serious injury, and it is one federal prosecutors can put to a grand jury.

 

New York’s aggravated-cruelty statute remains the cleaner first charge, because it expressly covers intentional killing in an especially depraved or sadistic manner and because the deaths occurred in Wayne County. The PACT Act is the second track.

 

## The Federal Playbook Already Exists

 

Federal prosecutors have already convicted a beagle breeder that supplied the research market. The case is barely two years old.

 

Envigo RMS ran a commercial beagle-breeding operation in Cumberland County, Virginia. Federal inspectors documented dozens of Animal Welfare Act violations. An undercover investigation supplied more. In May 2022, agents from USDA’s Office of Inspector General, the Environmental Protection Agency, and the Virginia State Police executed a multi-day search, and the Justice Department secured the surrender of more than four thousand beagles. In June 2024 Envigo pleaded guilty to conspiring to knowingly violate the Animal Welfare Act by failing to provide adequate veterinary care, adequate staffing, and safe living conditions. That October a federal court imposed a $22 million criminal fine, split between the Animal Welfare Act and Clean Water Act counts, in what the Justice Department called the largest fine ever in an Animal Welfare Act case, along with probation, a compliance monitor, at least $7 million in mandated facility and staffing improvements, and enhanced animal-care standards. Envigo’s parent guaranteed more than $35 million in total payments. By every account it was the first federal criminal conviction of a supplier of animals for experimentation.

 

The Animal Welfare Act’s criminal provision, 7 U.S.C. § 2149(d), applies to a licensed dealer who knowingly violates the Act. Marshall holds a Class A dealer license for North Rose. The Act’s regulations require an attending veterinarian with real authority, adequate veterinary care, appropriately trained personnel, humane handling, safe housing, and guidance on euthanasia.

 

Marshall presents the same subjects for federal investigation that Envigo did: unqualified personnel performing lethal procedures, inadequate veterinary direction, repeated painful deaths, rough handling, untreated injuries, unsafe flooring, fecal accumulation, contaminated feed equipment, insufficient heat, and practices concealed during inspections. Each is provable from company records and physical evidence. And Envigo establishes that the research destination of the dogs protects the breeder from nothing: federal agents can search, remove the animals, and prosecute the corporation.

 

## The Warrant Is Already Written

 

Wayne County does not have to wait for a trial to protect animals in present danger. The statute that authorizes immediate intervention is already on the books.

 

Agriculture and Markets Law § 373 authorizes police officers and humane officers to take possession of animals kept for more than twelve hours in crowded or unhealthy conditions, in unsanitary surroundings, without proper care, or without necessary sustenance. It requires a sworn complaint stating just and reasonable grounds, and when that showing is made, the magistrate “shall immediately issue” the warrant to enter and search. The verb is not discretionary.

 

The referral asks Callanan and Milby to use that authority, and it supplies the material for the sworn complaint: a detailed former-employee account, an expert veterinary report, photographs and video, federal inspection findings, and a street address. The expert concluded that the treatment caused unjustifiable pain, suffering, and death and that conditions warranted immediate veterinary intervention.

 

Scale makes preparation essential. Federal inspectors counted 7,027 puppies and 11,822 adult dogs at the North Rose site in March 2024, 18,849 dogs at a single facility, and 9,171 adult dogs, 5,394 puppies, and 11,706 ferrets on a May 19, 2026 visit. Envigo, with roughly four thousand dogs, required a federal task force and sixty days to empty. A responsible seizure plan for North Rose requires veterinarians, transport, quarantine capacity, rescue partners, identification controls, evidence teams, and judicial arrangements for the cost of care. Section 373 provides a security procedure under which a court can require an owner charged with cruelty to fund reasonable impoundment expenses, so the cost of protecting the dogs falls on the company that endangered them.

 

An unannounced entry can begin with the areas, records, and animals the evidence identifies. Investigators can preserve video, drug logs, mortality records, internal schedules, employee assignments, carcass-disposition data, veterinary files, and the equipment used for injections before notice changes the scene. Advance warning and panic cleaning make surprise a matter of competent evidence preservation, not aggression.

 

## Two Speeds of Justice

 

When citizens act first, government moves fast.

 

On March 15, 2026, about sixty people led by Wayne Hsiung walked into Ridglan Farms in Blue Mounds, Wisconsin, and carried out twenty-two beagles. Within five weeks, Hsiung and three others had been charged with felony burglary. By early July, forty-seven more people, including a coalition spokesperson who says she never left public property and a college professor, had been charged with burglary as parties to the crime. Fifty-one defendants in all. The burglary count alone is a Class F felony carrying up to twelve and a half years in prison. Hsiung also faces felony criminal damage to property and theft; the added counts against the four lead defendants push their exposure well past a decade apiece. His trial is set for January.

 

That is the speed of justice for people who take dogs out of a beagle mill. The beagle mill got a different speed.

 

Ridglan had been the subject of complaints for years, and state regulators had documented hundreds of violations there. In 2024, Dane County dropped an earlier felony case against Hsiung and two others over a 2021 rescue of three beagles from the same facility rather than take it to trial. Hsiung then did what the law says citizens should do. He gathered evidence. He presented it to authorities. Former employees testified under oath at a seven-hour evidentiary hearing that non-veterinarians routinely removed glands from dogs’ eyes without anesthesia or pain control, that other dogs licked the blood from the wounds, that vocal cords were mutilated to quiet the barns. The Dane County District Attorney had notice of that hearing and did not appear. On January 9, 2025, Judge Rhonda Lanford found probable cause that Ridglan had committed felony cruelty and, because the district attorney had declined to act, appointed a special prosecutor.

 

That prosecutor, La Crosse County District Attorney Tim Gruenke, spent eight months on the case. He confirmed the eye surgeries and concluded he could charge them as felonies. He also reported that the vocal-cord allegations fell outside Wisconsin’s six-year limitations window and could not be prosecuted. Then he negotiated. Ridglan agreed to surrender its breeding license by July 1, 2026, in exchange for a promise of no prosecution, kept the right to sell its remaining dogs to laboratories until then, and was permitted to retain about 150 for its own research. Gruenke was candid about why: “I can’t shut down a business. I can’t revoke a license. I can only charge a crime.” He worried aloud that a jury drawn from farm country might not convict, and he noted the company’s intended argument that Wisconsin’s research exemption made it immune. No principal of Ridglan Farms was ever charged. The son-in-law of Ridglan’s owner, whom the sheriff’s office referred for charges after the March action, was not charged either.

 

So in March, with the dogs still inside and the company still free to sell them into laboratories, citizens went in. When roughly a thousand people returned on April 18 to try again, officers from at least seventeen agencies met them with tear gas, pepper balls, rubber bullets, and two stinger grenades. Twenty-nine people were arrested. Hsiung, *Isthmus* reported, spent three days in jail. Ridglan, for its part, was cited for ringing its property with a manure-filled trench without a permit. Within weeks, animal-welfare groups had purchased 1,500 of the remaining beagles; by June, a final agreement freed the rest to rescues and homes. Ridglan is closed. That outcome was produced by the rescuers, not the prosecutors. The rescuers are the ones facing prison. An attorney with the Animal Activist Legal Defense Project called the timing of the July charges “cowardly,” and observed that a fraction of the effort Dane County was spending on activists would have spared everyone the whole sequence.

 

The pattern is not confined to Wisconsin. In England, where the company operates a breeding site in Cambridgeshire, a protest camp has stood outside the gate since 2021. Campaigners there count five Crown Court trials in 2025 and 2026. Every defendant was a protester.

 

Auremont Vale has already examined Wisconsin’s privilege statute, § 939.45(6), and concluded that Hsiung’s entry, necessary force, and removal were legally justified: he had presented evidence to authorities, testified under oath, obtained a judicial finding of probable cause, watched the public process leave the dogs in place, and acted to interrupt continuing criminal harm, ending with protective placement rather than sale or gain. Nothing that has happened since weakens that conclusion. Everything that has happened since, from the special prosecutor’s confirmation of chargeable felonies to the veterinary board’s revocation, strengthens it.

 

Marshall now presents Wayne County with the same decision, earlier in the sequence. Authorities hold the referral before any announced mass action at North Rose. They hold a state felony statute, corporate and accessorial liability, a seizure warrant, a federal breeder-crime precedent, and an open limitations period. Representatives Nick Langworthy and Nicole Malliotakis wrote to the Secretary of Agriculture on June 26 asking basic questions about federal inspections at the facility; Langworthy, who drove to North Rose in May and was met at the gate by security, is pursuing legislation to end taxpayer funding for the breeding of dogs for experiments. On September 12, marchers will leave Albany on a 207-mile walk that ends at Marshall’s gates on September 26. The county can direct criminal process at the reported killing system before citizens confront the fence, or it can wait, as Dane County did, and then prosecute the people who did its job.

 

Property crimes are easy for government to see. The owner calls, identifies the fence, values the dog, and demands return. Cruelty inside a licensed facility requires investigators to distrust the clean exterior, protect frightened witnesses, secure technical evidence, and read corporate records against the people who created them. That is harder. Difficulty does not explain an enforcement system that charges rescue within weeks and receives killing evidence with silence. The law cannot keep its legitimacy by treating the dogs as protected property when they are carried away and unprotected bodies when they are killed inside.

 

## Fourteen Months

 

Wayne County can convene a grand jury now. It can subpoena the former employee, the supervisors, the veterinarians, the managers, and the other workers. It can obtain standard operating procedures, training materials, controlled-substance records, kill lists, mortality and incinerator logs, employee schedules, internal complaints, inspection notices, and every video system that still exists. Officers can ask a magistrate for a § 373 warrant and put independent veterinarians inside the barns without advance notice.

 

The evidence can support separate counts for separate dogs. Each intentional killing is its own event. Repetition supplies proof of knowledge, intent, absence of mistake, managerial tolerance, and the cumulative depravity New York courts examine. Misdemeanor counts remain available for current confinement, neglect, rough handling, untreated injuries, unsafe housing, and every timely killing the felony evidence does not reach.

 

Federal authorities can run a parallel investigation through USDA’s Office of Inspector General and the Justice Department. They can examine knowing Animal Welfare Act violations on the Envigo model and determine whether particular killings fall within the PACT Act once its exceptions are applied to the actual procedure rather than the label the company placed on it.

 

New York’s statutes already supply every element prosecutors would test: intentional killing, extreme physical pain, an especially depraved or sadistic manner, commands, reckless tolerance, unauthorized practice. Federal law adds knowing Animal Welfare Act violations and the PACT inquiry. Section 373 supplies the warrant. The only element the law does not supply is the decision to use it.

 

The referral is public. Anyone can read what Callanan and Milby received on Monday. Both hold elected office. Both will be asked, in fourteen months and every month before that, what they did with it.

 

Wisconsin’s special prosecutor could not charge Ridglan’s vocal-cord mutilations because the clock had run. The former Marshall employee places the last abdominal killings in November 2022. New York generally allows five years to commence a felony prosecution. In November 2027, the ordinary limitations period closes on the last killings described in the referral, and every dog killed before that has a separate offense date moving toward expiration ahead of it.

 

The dog under the cages has no date. He has a boot, a needle, and ten minutes.

 

Wayne County has fourteen months.
