Erie County District Attorney John J. Flynn announces that 24-year-old Kerisa J. Schmitt, formerly of Cheektowaga, pleaded guilty last Thursday morning before Cheektowaga Town Court Justice David Stevens to ten counts of Overdriving, Torturing and Injuring Animals; Failure to Provide Proper Sustenance (Class “A” misdemeanors under New York Agriculture and Markets Law).
On Thursday, December 14, 2023, SPCA Serving Erie County 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 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 failed 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 found in unsanitary conditions without proper access to food and water.
Prosecutors requested that the court sentence the defendant to a period of probation. Schmitt, who has relocated to West Virginia, received a one-year conditional discharge and was ordered to pay a $1,000 fine. As a condition of the plea, Schmitt was ordered to forfeit custody of all of her animals. In addition, Judge Stevens issued a “no animal” order, which prevents the defendant from owning or caring for any animals for the next five years.
“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 was 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.
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