Equine Protection Network
www.EquineProtectionNetwork.com
www.SaveAmericasHorses.com
January 7, 2008

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Charges Filed in IL Double Deck Crash that Killed 19 Horses; Arrest
Warrants Issued

The Equine Protection Network applauds Lake County authorities for
filing four counts of cruel treatment of animals and one count of
failure to provide humane care and treatment of animals,
misdemeanors, on January 2, 2008 against the owner of the horses,
Keith Tongen, 49, of Brownton, Minnesota. The driver of the double
deck trailer, James Anderson, 34 of McLeod, North Dakota. Is facing
identical; charges and was also cited for disregarding a red light,
failing to reduce speed to avoid an accident and not having a bill of
lading. Anderson was due in court today on the traffic citations.
Bail for both men was set at $100,000. Illinois law does not allow
for extradition because the charges are misdemeanors.

The double deck crash occurred on Oct. 27, 2007 at U.S. Highway 41
and Wadsworth Road in Wadsworth, Illinois when the driver, Anderson,
failed to obey a red light and hit another vehicle. The double deck
trailer carrying 59 horses overturned trapping the horses and killing
several horses at the scene with more horses dying later from their
injuries. Tongen surrendered ownership of the horses. The remaining
40 horses have been adopted out, many to the very people who helped
save their lives.

According to authorities, some of the Belgian horses were over 6 feet
tall and weighed over 1000 pounds. "Look at the size of the
compartments and compare them to the heights of the horses," stated
Mark Ernst, Illinois state veterinarian. According to the USDA,
double deck trailers even if modified cannot be made safe or humane
for horses.

Double deck trailers have 3 inch "I" beams every 12 inches on center
supporting the top deck. Horses on the bottom deck injure their face
and eyes when they raise and lower their heads for balance. Horses
also incur injuries on their back when the horses hit their backs on
the "I" beams due to the rise and fall of the trailer as it travels
over bumps in the road. These injuries were documented during the
studies done for the Commercial Transportation of Horses to Slaughter
Act.

Horses also injure themselves going up and down the narrow steep
ramps that have no rubber mats or cocoa mats for secure footing or
side ramps, unlike trailers designed to transport horses. Horses also
injure themselves on the rack used to store the ramp to the top deck.

Shippers that use double decks have various arguments for their
inhumane treatment. On overcrowding their argument is that the more
horses they put in the trailer the less likely the horses are to
fall. The fact of the matter is that the shippers put as many horses
as possible into these trailers to save costs. Also, the tighter the
horses are packed, the harder it is for the horses to fight. Horses
do not need any help standing up in a trailer designed to transport
horses with secure footing. Double deck trailers have metal diamond
plate covered in urine and feces.


According to Tongen, the horses were enroute to Verndale, Minnesota
from Millersburg, Indiana. No evidence to the contrary has been
discovered according to Lake County authorities.

Double deck trailers carrying horses are known to be top heavy and
numerous accidents have occurred when drivers have fallen asleep and
the trucks drifted to the berm and then overturned. Some of these
crashes are documented on the EPN website in the Transport Section.

The misdemeanor charges mean neither Tongen nor Anderson can be
extradited. Unless they turn themselves in to Lake County
authorities, or are stopped by police in Illinois, they may not be
charged, Kleinhubert said. Anderson is due in a Lake County branch
court on Monday for accident-related traffic charges.

The EPN called for introduction and swift passage of legislation
banning the use of double deck trailers to transport any horse no
matter what its final destination.
Represenative JoAnn D. Osmond introduced IL HB4162 on November 1,
2007. The bill referred to the Rules Committee currently has four
Chief Co-Sponsors and one co-sponsor. Representative Molaro also
introduced IL HB 4166 on November 2nd with the same language and
stiffer penalties, also referred to the Rules Committee. The EPN has
recommended to Representatives Osmond and Molaro, that the loophole
in the two bills introduced in Illinois be amended to prevent a
repeat of what happened in NY from happening in Illinois.
" the two words, "of equidae" following "levels", and before "one" be
removed to prevent a loophole in the IL Horse Transport Law, similar
to the one Arlow Kiehl used in New York State for several years.
Kiehl avoided prosecution and was able to enter plea agreements that
reduced his fine significantly. In some cases, Kiehl faced possible
fines of close to $40,000, but due to the loophole, he was able to
enter a plea agreement resulting in a $300.00 fine.
Kiehl argued to the NY State Police, NYSP, and District Attorneys on
several occasions, that because he only had horses on one level of
the double deck trailer, NY law did not apply. At the time NY law
stated,
"Every vehicle utilized for the transportation of more than six
horses over a highway shall have no more than one tier holding
animals in the compartment containing horses."
NY closed this loophole in 2002 by passing Act 191 removing the
language, "holding animals in the compartment containing horses". To
close the potential loophole in IL, the words, "of equidae" need to
be removed. For more information on passage of Act 191 visit the EPN
website's Horse Transport Section.

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