Erie County District Attorney John J. Flynn announces that 24-year-old Kerisa J. Schmitt of Cheektowaga was arraigned this morning before Cheektowaga Town Court Justice David Stevens on 154 counts of Overdriving, Torturing and Injuring Animals; Failure to Provide Proper Sustenance and 154 counts of Failure to Provide Proper Food and Drink to Impounded Animal (Class “A” misdemeanors under New York Agriculture and Markets Law).
It is alleged that on Thursday, December 14, 2023, SPCA officers responded to the defendant’s residence on Colton Street in the Town of Cheektowaga to perform an animal welfare check. While outside of the home, officers allegedly saw numerous farm animals inside of a small garage in unsanitary conditions through a window. SPCA investigators and members of the Cheektowaga Police Department later returned to execute a search warrant.
The defendant is accused of failing to provide necessary food, water and care to 156 farm and domestic animals on her property, which included 117 chickens, 18 ducks and geese, 15 rabbits, two goats, two dogs, one cat and one pig. The animals were allegedly found in unsanitary conditions without proper access to food and water. The defendant was issued an appearance ticket.
Schmitt is scheduled to return on Thursday, February 29, 2024 at 9:00 a.m. for a pre-trial conference. She was released on her own recognizance as the charges are non-qualifying offenses for bail.
At the request of prosecutors, Judge Stevens issued a “no animal” order, which prevents the defendant from owning or caring for any animals while the criminal case is pending. Today, the defendant surrendered five animals that remained in her possession.
If convicted of the highest charge, Schmitt faces a maximum sentence of one year in jail.
Schmitt was also arraigned this morning on one count of Petit Larceny (Class “A” misdemeanor) in a separate case. It is alleged that on Saturday, January 6, 2023, at approximately 3:50 p.m., the defendant stole merchandise, with an estimated total value of $205.32, from a store on the 2500 block of Walden Avenue in the Town of Cheektowaga. The defendant is accused of failing to scan the merchandise in the self-check out and exited the store without paying for the items. She was released on an appearance ticket.
At her arraignment today, our office requested that the Court set bail at $10,000 cash or bond under Penal Law 510.10(4)(t) based upon the defendant’s previous failure to appear and her intent to move to West Virginia. The Court released the defendant on her own recognizance, but issued a verbal warning that any future failure to appear will result in a warrant and bail. Schmitt is also scheduled to return on this case on Thursday, February 29, 2024 at 9:00 a.m.
“I want to thank our partners at the SPCA Serving Erie County for their work in this investigation and the care they have provided to the many animals rescued from this home,” said Erie County DA John Flynn.
DA Flynn commends the SPCA Serving Erie County, SPCA Officer Melina Homsi, SPCA Agent Molly McLaughlin and the Cheektowaga Police Department for their work in this investigation.
The case is being prosecuted by Assistant District Attorney Christine M. Garvey of the Animal Cruelty Unit and Assistant District Attorney Kristen S. Fischer of the Justice Courts Bureau.
As are all persons accused of a crime, the defendant is presumed innocent until proven guilty in a court of law.
