Attorney Will Lowrey filed a private criminal complaint with District Magistrate Gary Gambardella, at District Court 07-3-03 in Ottsville, on Tuesday against Kingdom Provisions in Pipersville.
Lowrey submitted the complaint on behalf of Animal Partisan, a Virginia-based advocacy group, known to pursue legal strategies to prosecute animal cruelty, abuse and neglect.
“I will definitely be reaching out to the court to encourage prosecution of Kingdom Provisions. I hope it is becoming clear that this is a pattern of behavior by this company and not isolated incidents,” said Bronwyn Gafden, a local resident and taxpayer. “The fact that there are multiple separate lawsuits against one company in just a couple months is proof that there is something very wrong going on. Unfortunately, it has taken almost 2 years for any action to be taken and there is still no resolution.”
While most advocacy groups attempt to revise regulations that will positively impact the health and welfare of animals by drafting legislation, Lowrey and Animal Partisan pursue a slightly different approach.
READ: Pipersville Residents Held Hostage By Slaughterhouse Horrors
Pennsylvania Rule 506 of the Rules of Criminal Procedure, also known as 234 Pa. Code § 506, covers the approval process for private criminal complaints filed by non-law enforcement officers.
“Kingdom Provisions is not immune from criminal liability simply because it is a business entity,” Lowrey wrote.
Pennsylvania law defines the term “person” to include corporations, partnerships, limited liability companies, business trusts, other associations, government entities (except the Commonwealth), estates, trusts, foundations, and individuals.
Lowrey alleges in the complaint that Kingdom Provisions has violated three sections of Pennsylvania’s Crimes Code including animal cruelty – Pa.C.S. § 5533(a); restrictions on shooting – 34 Pa.C.S. § 2507; and that of being a public nuisance – 18 Pa.C.S. § 6504.
Two of the allegations stem from a July 2 event that caused Kingdom Provisions to be issued a USDA Notice of Suspension issued by its Food Safety and Inspection Service (FSIS).
An accounting of the incident from the suspension notice says the inspector observed that a ritualistic cut of the steer’s throat was inadequate, watched as the animal escaped from equipment that, when used correctly, greatly limits the movement of livestock during slaughter. Once loose, the steer walked into a room next to the slaughter floor, and then exited the building when a door was opened by an employee.
The animal was standing behind the slaughterhouse and was bleeding from its neck.
Kingdom Provisions’ employees then proceeded to shoot the animal with a rifle. The steer was still conscious and standing after being hit with the first bullet.
Two additional shots were fired with the third bullet causing the animal to fall to the ground.
The handling of the steer was cruel, inhumane and a violation of Pennsylvania’s animal cruelty law that prohibits a wide range of conduct, including the failed slaughter and repeated shooting of the steer on July 2, 2024.
Under Pennsylvania’s animal cruelty law, 18 Pa.C.S. § 5533(a), a person commits an offense if they intentionally, knowingly, or recklessly ill-treat, overload, beat, abandon, or abuse an animal.
Dogs, cats, equine animals, bovine animals, along with sheep goats and pigs are designated domestic animals, according to state law.
Additionally, “the steer suffered physically and psychologically with a severed throat, multiple bullet wounds, and undeniable mental stress. Accordingly, Kingdom Provisions “illtreated” and “abused” the steer and meets the actus reus necessary for conviction,” Lowrey wrote.
READ: Legal Troubles Double for Stoltzfus and Kingdom Provisions Slaughterhouse in Pipersville
The filing also details other USDA violations issued over the past 18 months that reinforces Kingdom Provisions’ lack of cruelty concerns for the animals they are butchering.
Lowrey believes Kingdom Provisions should be held accountable and commented about a report from the USDA on the matter.
“Kingdom Provisions’ “reckless” conduct is perhaps best evidenced by the USDA’s follow-up “Notice of Suspension Held in Abeyance” issued on July 10, 2024, just over a week after the incident.”
“As a threshold matter, it is important to note that Kingdom Provisions did not dispute the events documented in the USDA’s “Notice of Suspension” but merely offered “corrective actions” to ensure such an incident did not occur in the future,” Lowrey wrote.
“Accordingly, Kingdom Provisions has admitted that the events documented in the USDA “Notice of Suspension” occurred, and the suspension has already been placed in abeyance following Stoltzfus’ written statement detailing corrective measures to prevent the incident from happening again.”
The third allegation, public nuisance, relates to a continued pattern of conduct that has caused local homeowners and taxpayers the inability of quiet enjoyment of their properties. For almost two years, neighbors have contacted many governmental agencies with the hope of securing help from the odors, flies, turkey buzzards and trails of blood that have pooled on neighboring properties.
“I was thrilled when I was told the property would be preserved as agricultural land, but never in a million years did I imagine they would destroy the land, pollute the water, and make living here nearly impossible,” Gafden said. “It is very concerning that the governmental agencies meant to protect our health and land have allowed this to happen for so long.”
The Pennsylvania Environmental Protection Agency has documented every complaint they received and issued violations when appropriate.
Bucks County Commissioner Diane Marseglia has also invested time to resolve the issues the neighbors were dealing with on a regular basis.
“It just has to stop,” said local homeowner Tom Ott, who believes this new lawsuit might make a difference. Ott also believes most neighbors share his apprehensions about the slaughterhouse operation. “One of my main concerns, in addition to the pollution, is the inhumane treatment of animals and the threat of someone getting hurt from this reckless discharge of firearms in the area.”
Kingdom Provisions has faced ongoing legal scrutiny recently, including allegations of violating a conservation easement.
Currently, two limited liability companies, Kingdom Equity Partners, LLC, and Kingdom Provisions, LLC, have been named defendants in two lawsuits – one filed by Bucks County and the other by Plumstead Township – pursuant to violations of a conservation easement and other ongoing issues at the slaughterhouse.
“People need to be made aware of what has been allowed by the very agencies meant to protect our health and land to go on for nearly 2 years by this company, because if it can happen in my backyard it can happen anywhere,” Gafden said.
Should District Magistrate Gary Gambardella decide to take up the case, and Stoltzfus is convicted on all charges, he could potentially face fines in the thousands.
“It’s sort of a toxic mix, right? You have a volume of animals. You have some stuff that may be for retail, some stuff not for retail,” Lowrey told the Bucks County Beacon. “You’ve got a history of sanitation issues and stew all that together, putting the animal welfare issues aside, it doesn’t bode well for selling products that people might consume.”
“For me, the animal welfare piece is one slice of this bad apple, and so it hasn’t gotten as much attention lately. You know, I think most of the stuff has been environmental, pollution-oriented and the easements. But I think people should just keep in mind that these are living, sentient creatures that are going through this process,” Lowrey added. “I think a little more focus and attention on the suffering the animals are experiencing would also be helpful. And that’s part of what we’re trying to do with this complaint.
Will Lowrey is the founder and legal counsel for Animal Partisan, a legal advocacy organization focused on challenging unlawful conduct at farms, slaughterhouses and laboratories.
Prior to establishing Animal Partisan, Lowrey previously spent several years as legal counsel for Animal Outlook, a national nonprofit farmed animal protection organization. There, he divided his time between civil litigation and undercover investigations.
Lowrey has engaged in numerous lawsuits, as well as criminal and administrative enforcement actions against the government, industrial agriculture and research laboratories. The cases have involved federal slaughter laws, public records, false advertising, public nuisance, and animal cruelty, among other things.
He has taught animal law at the University of Oklahoma College of Law, Vermont Law and Graduate School, and the University of St. Thomas School of Law.
Read more about the lawsuit against Kingdom Provisions.
READ: Stoltzfuz Abeyance and Criminal Complaint
