NITRO'S LAW

Testimony of Nitro's Dad, Tom Siesto at the Ohio Statehouse-

Good Morning Mr. Chairman and Committee members. I thank you for the opportunity to be here before you all today on behalf of my family not only to offer our full support of a much-needed felony animal cruelty law in Ohio 'House Bill 108' but also to enlighten you on a life and special companion animal, that we had the privilege of loving... our dog "Nitro." In October 2008, our lives were changed forever when our dog's life was cut brutally short at just 3 years of age; knowingly taken in a selfish crime of inhumanity. The person entrusted with his life and care was highly esteemed in the K9 training community as an elite handler and K9 training professional.  Steven S. Croley owned and operated High Caliber K9 and was well-respected and regarded as one of the best. Canines came from all over the US and abroad for his training services, supplying law enforcement with highly trained tactical skilled service and assistance K9s.

Liz and I had a close working relationship and friendship with this man during Nitro's first 3 years of life. He cared for Nitro on previous occasions, trained and provided for him and guiding him many times past. However, it was one final training trip that Nitro along with 18 other canines; behind closed doors, imprisoned in kennels were deprived of food, water, shelter, and compassion; to die slow and agonizing deaths.  Their K9 handler and trainer; the man they looked to for everything sat inside his home with his backdoor closed to the kennels less than 200 feet on the same property while he ignored their pain and suffering. Not even the stench of decomposing dogs detered him from placing additional paying customers' dogs into kennels next to those that were already dead.  Many of you will ask how our beloved dog, Nitro came to be in this man's care? I can assure you this is a question Liz and I still go over and over to this day. No family had more pride and love in their hearts than us when we chose Nitro and his littermate, Bella, to share our lives with. Gratefully, Bella is still alive and with us and thankfully has been our salvation. Nitro was a powerful Rottweiler of the highest working order and breed, sired from superb and impeccable bloodlines of paternal and maternal champions known for their working integrity, determined drive and high intelligence and Nitro was proving to be the mirror image of his outstanding father. Yet, Nitro and Bella also lived a typical suburban life within our close family and community. Liz cooked them daily breakfast of scrambled eggs and would sew them holiday costumes and they were included in all of our many family celebrations, vacations, and daily activities of life and it was a life every dog should be so fortunate to live.  We are a hardworking, middle class family who take great pride in being responsible pet owners; I work for the US Postal Service and Liz works full-time out of our home. When my father-in-law was diagnosed with a terminal disease, our family began the arduous task of commuting back and forth out of state on a weekly basis and this put a tremendous strain and proved very difficult for Nitro. It was with great thought and much deliberation to undergo the financial commitment of paying Croley a monthly training and boarding fee of $750 to ensure Nitro's care while he would be excelling at what he loved to do which was "working" in a safe environment during this family crisis. We had been to Croley's facility which was 8 hours from our home on previous training trips for Nitro and during this last training trip, we were in weekly and sometimes daily contact with him via the telephone and e-mail throughout Nitro's stay. Nothing troublesome ever occurred in any of these conversations. His progress reports on Nitro were always welcoming, and positive.  So...how and why did this man deceive and conceal such horrendous abuse that was obviously occurring by this time? I honestly wish with my whole heart and soul that I could answer that million dollar question because it's a question we still ask over and over, even now, 3 years later. 

In October we planned the 8 hour trip to pick up Nitro when just days before all communication with Croley had come to a complete standstill. Completely out of character for him and deeply concerned, Liz began searching out all of his references.  I have a memory that plays like a broken record in my mind over and over and it's of that Saturday morning on October 25th, 2008 at 5 am when I woke up to Liz screaming my name. She was watching a news clip of a law enforcement raid at High Caliber K9 displaying graphic photos of dead and decomposing dogs, some dogs still alive with their fur hanging from their skeleton frames. Their suffering was horrific, the kennels were in total filth and disarray and spray painted all over the front of the house and property were the words "DOG KILLER," as they showed Croley being led away in handcuffs from the scene.  My heart dropped, and a part of me died that morning. What began as a bad dream quickly turned into a nightmare. We were never contacted by the agency handling the investigation. Nitro was micro chipped and registered but nobody could provide us with any information if he was dead or alive. With nothing but our cell phones as a link to the outside world for information, Liz and I literally jumped in our vehicle and began the emotional 8 hour drive to Ohio not knowing what we would find. It was a drive from hell filled with gut-wrenching emotions, break-downs, despair, and hope that somehow...maybe...our boy, Nitro, was one of the lucky ones still alive, clinging to life.  After arriving in Ohio on Monday morning, Animal Charities escorted us into a room that housed a large freezer and one of the agents unzipped the only body bag that contained a black dog that could have been Nitro. And, with that...our prayers and hopes that somehow Nitro was still alive ended and were no more....our dog....Nitro was no more. When we had left our beautiful, healthy dog at High Caliber K9 he weighed in at 105 pounds and now reunited with our dog, in his death, he weighed only 45 pounds...frozen solid.  Due to the extreme starvation in his appearance, Nitro was mistakenly identified as a Doberman not a Rottweiler until tragically his microchip confirmed it to be my brave dog....my boy, Nitro. I will never forget the unzipping of that bag, and the image will be forever burned in my brain of my my once-105lb Rottweiler now curled up in a fetal position, with his bones sticking out everywhere, his nails split open from trying to escape that living hell hole where he wasted away, imprisoned. His beautiful brown eyes once so filled with his love and trust for us....now dead and lifeless staring back at me. My defenseless dog, my poor boy, my pride and joy, who more than anything loved to eat...oh how he loved his treats and his steak bones was now shriveled up and starved nothing...to death.  Nitro loved to drink water and he would drink like a camel; and when his bowl was empty, he would pick up his metal water bowl and throw it to let us know...he needed more water and he wouldn't stop...picking it up and banging it against whatever he could until we would refill it for him, that's how smart my boy was. I can't tell you…how many times I've sat and cried wondering how many times he must have picked up that water bowl and thrown it around his kennel…waiting…so thirsty…for somebody...anybody....but nobody ever came....no one gave him anymore water.  A total of 19 dogs suffered extreme starvation and 8 of them lost their lives: 1 Rottweiler, 3 Doberman Pinchers, 1 American Pit Bull Terrier, 1 Border Collie, and 2 German Shepherds. Each of these dogs had families with bright, talented futures entrusted to this man for elite K9 training as law enforcement and service assistance K9s. The owners of these dogs paid fortunes to ensure their care, only to have them suffer depraved acts of cruelty and neglect.  Nitro was cremated in Ohio, and he sat on Liz's lap as we cried the entire 8 hour journey home to our life to live without our boy. My father-in-law died a year after Nitro, never forgiving himself and his illness for feeling responsible for Nitro's tragic end and due to the current animal cruelty laws in Ohio, Nitro and his fellow companions never received the justice they deserved. The scales of justice were tilted in favor of the criminal that committed these horrific acts with only 4 months in jail with his release on Mother’s Day, a cruel irony for Liz who is a wonderful mother. We sued civilly and spent thousands of dollars but Croley petitioned and was recently granted bankruptcy protection.  Ohio continues to rank at the bottom of animal protection legislation, ranked 45th and 47th by major organizations. The lawmakers of our great land and country are entrusted by the taxpayers to set the tone of intolerance on violent crime. Crimes against defenseless animals are the same types of crimes done to defenseless children and other fellow humans and are all one in the same; they are all victims.  Please, do not misunderstand or think that we are naïve in thinking the solution is putting these criminals behind bars and the problem is solved. What we do understand is the fact that laws, punishments, and consequences can and do serve as deterrents in setting the tone of intolerance for crimes and for those that commit them. It is our duty as fellow human beings to protect those that cannot protect themselves. We are the most powerful nation in the world; we care, help and subsidize many under-privileged nations, yet one of our own States cannot set a tone of intolerance of violent abuse and crimes against defenseless companion animals.  In closing I would like to thank Representatives Gerberry and Hagan for supporting House Bill 108, thank you Representatives Coley and Oakee for working with Representative Gerberry in trying to pass this legislation and thank you committee members for giving me the time and opportunity to speak on behalf of House Bill 108. God Bless you all and understand this; Nitro was not a Democrat, Republican, Liberal or a Conservative....Nitro was "My Boy."

                                      

NITRO'S LAW is the legacy and testament in honor of a family's Rottweiler, Nitro, who was 1 of 8 dogs starved to death in a horrific crime at a K9 training facility in Youngstown, Ohio. Nitro's Law was created as a felony provision and proactive legislative measure to increase the outdated misdemeanor-only penalties currently in place for violent animal crimes in the state of Ohio.  In February 2009 HB 70 'Nitro's Law' was introduced and passed the Ohio House of Representatives and was assigned to the Ohio Senate's Criminal Justice Commitee for consideration and for nearly 1 year this landmark Bill was grossly ignored by the Ohio Senate and on December 31, 2010 Nitro's Law legislative window of opportunity ran out. House Bill 108 has been reintroduced as of 02/22/11 by the original Ohio Representatives Gerberry & Hagan and is now on round 2.

On October 22, 2008 an elite dog training facility 'High Caliber K9' in Youngstown, Ohio was raided and Steven S. Croley owner & trainer of High Caliber was arrested, charged and convicted on just 4 misdemeanor infractions for starving 19 dogs, 8 of which died. A total of 19 highly valued K9s suffered extreme starvation and 8 of them lost their lives; 1 Rottweiler, 3 Doberman Pinschers, 1 American Pit Bull Terrier, 1 Border Collie, and 2 German Shepherds. Each of them were highly talented K9s and all with bright K9 service futures.  They came from all over the United States and abroad for elite and professional K9 training as law enforcement K9s; service assistance K9s, etc; only to end up starved to death in their kennels at High Caliber. The owners of these dogs paid fortunes to ensure their high level of training and care, only to have them suffer extreme cruelty and depraved neglect.  Nitro was (1) of (8) dogs starved to death out of a total of 19 dogs found at High Caliber K9 and in honor of his life and memory inspired "Nitro's Law."

His family and supporters have continued the battle to enact this legislation for the past 3 years from that fateful day of Nitro making his final visit to High Caliber K9.  Nitro lived a typical suburbia New York life with his loving family and litter mate, Bella. They had a daily breakfast of cooked scrambled eggs, had holiday costumes painstakingly sewed for them and were included in the many celebrations, vacations, and activities of a good life; a life every dog should be so fortunate to live.  Steven S. Croley, the owner of High Caliber K9 appeared to be the charismatic, gifted dog whisperer and from the very beginning Nitro's family did all the necessary tasks ensuring his background was genuine and without blemish, including an 8 hour drive to be guests at Croley's facility with impressive results.  From the beginning of Nitro's puppy-hood until his death, a successful working relationship and bond was formed between him and his trainer along with a trusted alliance between Croley and Nitro's family.  Nitro was always more than the just the classic, determined Rottweiler.  He was ; he was sired from a highly-revered German-bred line of impeccable and talented pedigree; Nitro was fast proving to be a highly intelligent and talented K9.  His family provided him with the best in positive reinforcement and training and High Caliber K9 became a mainstay in Nitro's short life.

When a critical family medical emergency developed, Nitro's family found themselves in a dilemma of commuting for long periods of time back and forth to New Jersey putting a strain on the pets in their home. Nitro being highly protective proved this to be increasingly stressful on him. Croley's facility and summer dog training program seemed to be the perfect solution. Not only would he be safe with someone they thought they knew and trusted but Nitro could also work on his training in a secure and safe environment. Considering, Nitro's general reservations to many but his apparent bond with Croley combined with their past successful 2.5-year history with Croley only reinforced it being a trustworthy and viable solution.  They never would have thought that they could be so devastatingly wrong.

Croley's different versions of what took place are not only conflicting but unclear, and to this day he has yet to openly acknowledge his criminal actions and remorse for the unspeakable suffering which he inflicted on 19 defenseless dogs. Beyond comprehension was their suffering was not out of sight and out of mind; Croley lived on the same property of the kennels and the training area was actually in his own backyard. The meticulous care in which he took care of the grounds, always ensuring a freshly-mowed lawn while the dead and decaying carcasses of dogs remained in their kennels sight unseen at the back of the property made this crime even more diabolical.  A theory of drug allegedly contributed to robbing these dogs of their basic necessities of food paid for by their owners was instead used to feed a drug addiction. Yet, to this day no other motivating factor of this senseless and tragic crime has ever been determined.

NITRO - ROTTWEILER - DEAD

A further insult and travesty of justice occurred in the prosecution of the crime, courtesy of Ohio's outdated and antiquated laws. Croley was originally charged on 19 counts of animal cruelty for starving 19 dogs, 8 of which died guaranteeing only misdemeanor penalties regardless of the severity of the crime and unfortunately, due to a legal technicality 15 of those original 19 charges were dropped; Nitro's life being one of them. Croley was charged on just 4 counts of misdemeanor animal cruelty and was granted a plea agreement which sentenced him to only 4 months in county jail with 13 days credited having been served and Croley walked free on Mother's day 2009.  Ohio continues to rank at the bottom of animal protection legislation and is still in the minority of the few states left that have yet to enact a felony provision for animal cruelty. This combined with their antiquated animal sheltering practices of inhumane euthanasia ensures a tone of tolerance for violent crime in the state of Ohio and only through legislation that allows for stronger penalties imposed will it ever be on the road to becoming a just and compassionate state. Nitro's Law still remains in political limbo in its long and arduous process of passage but with a support base that continues to grow daily in the sharing of Nitro's story and the suffering journey of 19 dogs, 8 of which gave their lives for a better Ohio.

NITRO IDENTIFIED OUTSIDE OF HIS BODY BAG

VIEW FROM RESIDENCE BACK PORCH - NOT EVEN
100 FEET FROM KENNELS

A GSD TRUSTING HIS HANDLER
STEVE CROLEY

SURVIVED SURVIVED SURVIVED SURVIVED SURVIVED FEBRUARY 24, 2010 OHIO HOUSE BILL 70 "NITRO'S LAW" PASSES THE HOUSE BUT DIED AFTER STALLING IN THE SENATE

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