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| Port Vue Woman Facing Cruelty Charges BY NATALIE NEYSA ALUND, Daily News Staff Writer August 07, 2001 One down, one to go. One member of the Port Vue couple charged with animal cruelty in connection with their dog's death last week has been apprehended by police. Amy Phillips, 34, of 1812 Stegman Ave., was arrested Saturday night. She faces two counts of animal cruelty, according to Allegheny County Court of Common Pleas. Phillips' common-law husband, Gary Kushner, 43, remains at large despite an outstanding warrant on the same charges. Phillips' bail was set at $5,000 straight cash, Port Vue Police Chief Gary Cartia said. Her preliminary hearing was set for later today at South Allegheny District Justice Edward Burnett's Glassport office. Dog Law Enforcement Officer Ken Ferree and Port Vue Police Officer Sean Deverse discovered a deceased black male Labrador mix Wednesday upon arrival at the couple's home. "The condition ... was the worst I have seen in my 27 years of work," Cartia said. The dog had wrapped the 4-foot leash he was wearing around the pole to which he was tethered in the basement. As a result, Ferree said, the dog was permitted just 30 inches of movement before he eventually died. Thursday afternoon, Burnett issued an outstanding warrant for the arrests of Kushner and Phillips. Ferree said he believes the dog had been attached to the pole for several weeks prior to death. After examining the dog's remains, Ferree said the animal likely died sometime Tuesday. "The dog died of starvation - but before he died, he walked around in his own feces and urine," Ferree said. Ferree also said the sewer at the residence had backed up, expelling human feces into the basement where the animal was kept. "He was competing for space and dry area with the sewer," he said. According to charges, Phillips and Kushner "did willfully and maliciously torture and kill a 3-year-old black male lab mix by short-chaining it in the basement and depriving it of necessary food, water, sanitary living conditions and veterinary care until it died." Neither Kushner nor Phillips denied that the dog, purchased from Fallen Timber Animal Shelter in Elizabeth Twp. in January 1999, starved to death, said Cathy Bricker, a police officer for Western Pennsylvania Humane Society. According to Deverse, Phillips' 14-year-old daughter found the dog dead and told her uncle. The uncle then informed Port Vue police. Deverse said when he questioned the family about the dog, Phillips and her daughter said Kushner forbade them from giving the animal food or water. Bricker said she doesn't believe Phillips. "That dog was basically left to die," she said. |
| When Dog Officer Kenneth Ferree of McKeesport, Pennsylvania, received a call from Port Vue Police Officer Shawn Deverse about an animal cruelty problem at 1812 Stegman Street, he said he knew the situation was going to be bad. Other complaints had been investigated at the same address previously, but he didn't expect to find the grisly proof of extreme neglect and abuse that he found. A black male Labrador mix, starved to death, lay wrapped in a 4-foot leash around the 3-inch pole to which he was tethered in the basement. As a result, Ferree said the dog had been permitted just 30 inches of movement for several weeks before he eventually died of neglect and starvation. Neither Kushner nor Phillips denied that the dog, purchased from Fallen Timber Animal Shelter in January 1999, starved to death, said Cathy Bricker, a police officer for Western Pennsylvania Humane Society. Ferree said he got call at 8:15 p.m. Wednesday and arrived at the home 30 minutes later. According to Deverse, Phillips' 14-year-old daughter found the dog dead and told her uncle. The uncle then informed Port Vue police. "She told her uncle she was afraid to tell him what she found," Ferree said. As he descended into the poorly lit basement, Deverse could hardly see. "When I walked downstairs with a flashlight, a swarm of fleas and flies burst up into the air," he said. "The room smelled awful." Then Deverse said he saw the emaciated, dead dog lying in a pool of filth. "There were maggots and fleas all over the dog and he was so skinny that it was if there was just skin laying on his bones," he said. The dog's toenails had grown to nearly 2 inches in length at the time of his death. "It must have been very painful," he said. An understatement to be sure. This poor dog died in terrible agony, because these two sadistic things, Kushner and Phillips, intentionally planned and watched his slow death. Deverse said when he questioned the family about the dog, Phillips and her daughter said Kushner forbade them from giving the animal food or water. What sort of ridiculous excuse is that? Do they expect anyone to believe they never had a chance to do anything? Of course not, they just wouldn't do it. Bricker said she doesn't believe Phillips. Obviously not. "That dog was basically left to die," she said. Bricker stated Phillips claimed the last time she fed the dog was "maybe a couple of days ago." Phillips tried to tell Bricker she sometimes took canned goods from the pantry or gave the dog leftovers while her husband was sleeping or at work. So, if he left for work, why didn't she do something. Simple, because she was willingly part of the whole sadistic picture. In one of the more disturbing aspects of the case, police found a computer - with monitor turned on - within feet of the dog's corpse. A washer and dryer also were nearby, as was a lawnmower with freshly cut grass clippings on it. "So these people were, in fact, coming down to the basement of the house and did see this dog repeatedly," Ferree said. "Both appliances were within feet of an obviously suffering and dying dog that lay in filth and wasted away," Bricker added. Deverse said when he approached Kushner about the incident, the man seemed intoxicated and became belligerent, and was placed under arrest and taken to McKeesport lockup. "On completion of an investigation, charges will most definitely be filed against Gary Kushner and Amy Phillips, both of 1812 Stegman Ave., Port Vue," the animal control officer said. "The dog died of starvation - but before he died, he walked around in his own feces and urine." The sewer had backed up in the basement where the dog was chained, expelling human wastes into the basement. "He was competing for space and dry area with the sewer," he said. August 2nd at 2:30 p.m., Burnett issued a warrant for charges of animal cruelty against Kushner and Phillips. "I want to get them for a misdemeanor," Burnett said while checking court documents. "Forget a summary." According to charges, "the actor(s) did willfully and maliciouslytorture and kill a 3-year-old black male lab mix by short-chaining it in the basement and depriving it of necessary food, water, sanitary living conditions and veterinary care until it died." "We have been to the house in the past and both residents have been cited before," Ferree said. "They have been cited at least twice in the past for inhumane conditions to the dog tied outside with no food and water." There is no legal means which approaches justice for this kind of intentional, vicious abuse and neglect, but at least this case must be prosecuted aggressively, including a demand that neither of these individuals be able to ever own another animal. Contact: Police 412-675-5911 (McKeesport) Prosecutor: District Attorney Stephen A. Zeppella 436 Grant Street Pittsburgh, PA 15219 412-350-4429 Judge: The Hon. Edward Burnett South Allegheny Court Justice |
| August 7, 2001 District Attorney Stephen A. Zeppella 436 Grant Street Pittsburgh, PA 15219 Re: Gary Kushner and Amy Phillips, both of 1812 Stegman Ave., Port Vue, PA Date of Arrest: 8/3/01 Dear Mr. Zepella: I ask you to prosecute this case aggressively. These two defendants have been cited before for animal cruelty and because they got away with it, this time they have intentionally starved to death a Labrador mix dog last week. Sadistic and disgusting animal abuse like this must be met with strong response. These criminals must not ever get the chance to abuse another animal. I ask you to petition the court to make it mandate that they never are allowed to harbor any animal ever again. In view of the aggravated and vicious cruelty they showed to this defenseless pet they chained in their cellar and starved, a misdemeanor charge is ridiculous, but it is a start. Is there any reason why they cannot be tried as habitual criminals, since this is a repeat offense and they are sadistic predators who prey upon helpless animals. Many serial killers started with animals, as the attachment clearly shows. They are dangerous to humans as well as animals, and they must be stopped. It is just too bad they weren't stopped earlier, before an innocent victim suffered and died as a result of their cruelty. I won't bother to tell you what justice would be, you know it isn't what is going to happen, but a conviction would be a start at least. Thank you. Sincerely, |
| Sample Letter Above Written By Lynn Walker PTI Writer |
| Dear When Officer Kenneth Ferree responded to a call of animal cruelty, he made a grisly discovery. What he found is just so hard to even think about. Mr. Gary Kushner and Ms. Amy Phillips both of 1812 Stegman Avenue, just decided to slowly starve their dog, a black Lab mix, to death. This precious, helpless dog died a slow, tortuous death of starvation, dehydration, and neglect. He was tethered by a short lead and forced to lie in his own excrement. I could go on here to describe exactly what was found when the officer entered the premises. It is just too horrible however, but I am sure you can get the picture in your mind. What I want to do instead is to convince you that this couple has to pay for what they did. They HAVE to atone for the unbelievable torture, pain and suffering they caused this helpless, precious dog. What makes it worse is, there was obvious evidence that these people had repeatedly gone into the room where their pet was tethered; so they saw him dying and suffering over how ever many days it took him to die. What kind of human being could watch this on a daily basis and not do anything about it? Mr. Zeppella, please use your power to prosecute this couple to the fullest extent of the law. Only you can. Only people in your position can do anything to protect the innocents of this world and enforce their rights to a full life; a life without fear of the most lethal animal of this world�.Man. Sincerely, |
| Sample Letter Above Written By Sandra Hender PTI Writer |
| Case Written By Lynn Walker PTI Writer |
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