Published: August 27, 2008 09:48 pm            

GRAND ISLAND: Supporters pack Sparks hearing

Grand Island businessman pleads not guilty to animal cruelty charges

Peter Sparks walked out of Grand Island Town Court on Wednesday night to the cheers and applause from a large crowd of supporters.

Minutes before, the group had packed the courtroom of Town Justice Mark Frenzel as Sparks was arraigned on 17 counts of animal cruelty. He entered a plea of not guilty.

“I’d like to thank all of you for coming out tonight,” he said. “But I still need your support. We got a pretty good defense lined up, but it ain’t over yet.”

Then looking at his defense attorney Patrick Wesp, Sparks smiled and said, “I’d like to say more, but you know my attorney and he’s the boss.”

Moments before Wesp had told reporters Sparks would not speak to the news media.

The owner of Sparks’ Trading Post will be back in court sometime during the second week of September for a hearing on a request by the Erie County SPCA that he pony up a bond of more than $9,000 to cover medical care and boarding costs for the 12 horses and five sheep that investigators seized from Sparks’ collection of animals on Aug. 12.

SPCA investigators and the State Police raided Spark’s Bedell Road stables that day after receiving a complaint from someone who had visited there. The investigators said Sparks appeared to have about 50 horses, a herd of sheep, some llamas, chickens and geese on his property.

SPCA Chief Investigator Michael Armatys described the sheep as “emaciated” and said the horses “had various conditions and ailments.” Armatys said Wednesday that all the animals are still in the SPCA’s custody and are still receiving veterinary care.

“They’re doing better, though,” the investigator said.

Wesp took issue with the investigators description of the horses, saying, “All I’ve seen is pictures of 35-year-old horses that weren’t used for riding, being led out (of the trading post property).”

Signs at the trading post indicate that the business is open for horseback riding, as well as providing pony rides.

Sparks’ lawyer also told Frenzel he will attack the search warrant used by police and SPCA investigators to enter the trading post property and seize the animals.

“I’ve reviewed the (search) warrant and it meets the requirements of the Agriculture and Markets Law, but because this is a criminal case it must meet constitutional requirements and it falls far short of that,” Wesp said.

Frenzel set a court date of Oct. 8 to hear arguments on motions in the criminal case.

Wesp told Sparks’ supporters that the bond hearing will also be a critically important part of the case. He urged them to be ready to show more support for his client.

“At the bond hearing we hope to show that, by a preponderance of the evidence, that (the SPCA) had no basis to seize the animals,” Wesp said. “My opinion is, it’s a backdoor attempt to gain possession of the horses.”

However, SPCA attorney Thomas Viksjo said the agency is entitled to be reimbursed for the cost of caring for Sparks’ animals.

“The SPCA can file a bond basically to cover their expenses till the criminal charges are taken care of,” Viksjo said.

Viksjo said those expenses currently stand at $9,442.50.

Armatys said Sparks has no prior animal cruelty arrests. He said a veterinarian who accompanied investigators during the trading post raid made the determination of which animals to seize.

The raid was not the SPCA’s first visit to Sparks’ business.

“We’ve been out here in the past for investigations,” Armatys said. “We’ve been out before to advise (Sparks) on veterinary care and proper feeding and he’s pretty much complied.”

        

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