VI. The Case
Legal analysis: the statutes, the elements, and how each is met by the evidence.
Potential Charges
The Post-Hearing Brief identifies three categories of potential criminal charges:
1. Felony: Mistreating Animals — § 951.02 / § 951.18(1)
Elements:
1. The defendant treated an animal in a cruel manner ✓
2. The defendant intentionally treated an animal in a cruel manner ✓
3. The cruel treatment resulted in the mutilation or disfigurement of the animal ✓
4. The cruel treatment was not a normal and accepted veterinary practice ✓
Evidence: Cherry eye removal and devocalization surgeries performed by non-veterinarians without anesthesia constitute intentional cruel treatment resulting in mutilation. Expert testimony confirms these are not normal veterinary practices.
Penalty: Class I felony.
2. Misdemeanor: Mistreating Animals — § 951.02
Elements:
1. The defendant treated an animal in a cruel manner ✓
2. The defendant negligently treated an animal in a cruel manner ✓
Evidence: Wire mesh flooring that systematically causes foot injuries. Ridglan was repeatedly made aware through inspection reports (2016, 2022, 2023, 2024) but never fixed the flooring.
Penalty: Class A misdemeanor.
3. Misdemeanor: Failing to Provide Proper Shelter — § 951.14
Elements:
1. The defendant owned or was responsible for confining an animal ✓
2. The defendant failed to provide proper shelter ✓
3. The defendant negligently failed to supply proper shelter ✓
Evidence: Improper ventilation (toxic ammonia), structurally unsound cages (rusty wire), inadequate space (solitary small cages, stereotypic behaviors), insufficient sanitation (fecal buildup, stagnant waste). Repeated citations since 2016 with no corrective action.
Penalty: Class A misdemeanor.
The Special Prosecutor Mechanism
Wisconsin Statute § 968.02(3) provides that when a district attorney refuses to prosecute, a circuit judge may appoint a special prosecutor if there is probable cause to believe a criminal offense has been committed. The Petitioners have met both prongs: the DA has refused, and the evidence far surpasses probable cause.