NY: Bird's the Word - Caniglia Receives Additional Criminal Charges

Bird's the Word - Caniglia Receives Additional Criminal Charges
By Brian Rubin

WAWARSING – Juan "Victor" Caniglia, who was arrested on December 4 for 78 misdemeanor counts of animal abuse, has been additionally charged with a felony by the Department of Environmental Conservation (DEC) for possessing and intending to sell "protected wildlife consisting of wild birds with a value in excess of $1,500, without having obtained a license or permit from the New York State DEC." The initial arrest and animal abuse charges came after members of the Ulster County SPCA found over seven dozen birds being held in deplorable and unclean conditions in a small, under-heated shed.

Caniglia has pled not guilty to the charges brought against him.

According to Brian Shapiro, UCSPCA's executive director, each of the 78 misdemeanor counts of failure to provide proper food and drink to an impounded animal carry a penalty of up to a year in prison and $1,000 fine. Additionally, the felony charge carries a penalty of one to four years in prison.

The SPCA confiscated the birds that were found, as well as three rabbits presumably being raised for food that were also in the shed. Among the birds were "macaws, cockatiels, and two wild birds; a female cardinal and a tufted titmouse," said a press release issued by the SPCA earlier this week.

Since going into the care of the SPCA, said Shapiro, the birds' conditions have improved dramatically.

"The birds are in improved health at this time," he said. "Compared to how they were in that shed, they're like different animals, and it's really something positive to see. It's, quite frankly, a joy to behold."

The birds will remain in the SPCA's care until they are no longer needed for evidence in the animal abuse case. Shapiro said that the organization would request a bond hearing, which would require the defendant to provide money for the continued care of the animals.

"If [Caniglia] cannot come up with the funds, they have five days to relinquish the animals to the care of the impounding agency," said Shapiro. At this point, the animals would become the property of the SPCA, and once they're no longer required to be held as evidence in the trial, the adoption process would begin.

"Having so many animals has strained our resources," said Shapiro. "We are here to provide humane law services to the community. We're hoping that the community will help us through donations for this effort and other humane law efforts."

To contact the Ulster County SPCA, their phone number is 845- 331-5377, and their address is 20 Wiedy Road, Kingston, NY.

Source: http://www.shawangunkjournal.com/2009/12/24/news/0912243.html