Trapper Found Guilty of Animal Cruelty for Killing Cat

April 30, 2008

Verdict Helps Set Precedent for Animal Cruelty Charges in Trapping Cases

In a verdict that could have significant implications for trappers, a Topeka, Kan. jury recently convicted a nuisance wildlife control operator of cruelty to animals for illegally setting a trap that killed a family pet. The case could mark the first time a licensed trapper was convicted of animal cruelty charges for trapping a domesticated animal.

Karl Soudek, a nuisance wildlife control operator licensed by the Kansas Department of Wildlife and Parks, was convicted April 21 of animal cruelty for killing Peanut, a Topeka resident's cat. The cat was caught in a body-crushing trap Soudek set within city limits to kill skunks.

"We applaud the work of the city in this case to hold those who illegally set traps accountable for their crimes, and that includes animal cruelty," said Mary Prewitt, The Humane Society of the United States' Kansas state director. "A beloved cat died a cruel death and this case makes it clear that even licensed trappers—if they do not follow the law—are subject to Kansas animal cruelty laws."

Believing that such dangerous and indiscriminate devices should not be placed within the city limits, the cat's owner signed a cruelty complaint against the business operator. The city prosecuted and obtained a guilty conviction in Municipal Court, but the operator appealed to District Court where the law allows him a new trial on the charges.

The operator maintained that his license to conduct nuisance wildlife control allows the use of body crushing traps. The city maintained that its ordinances allow only live trapping of animals and that a city permit is necessary to set a trap. Besides using a trap designed to kill within city limits, Soudek had failed to obtain the necessary permit. The Humane Society of the United States assisted the prosecutor by supplying information on the type of trap used.

The trap used was a body-crushing Conibear-type trap, designed to kill by slamming shut with immense force on the spine of the animal. Such traps do not always strike correctly and can lead to prolonged suffering. This type of trap—one of the most commonly used by fur trappers—has been implicated in pet deaths all over the country. Today's New York Times features an extensive article on pets killed by traps set in several Western states. As they are extremely difficult to remove by the untrained, dog owners have reportedly been forced to watch their pets die as they struggle to free them.

In this case, the cat's owner said she was grateful to the city staff for pursuing the case and is pleased with the work they did.

Traps such as the one used in this case should not be set for any type of animal. Nuisance conflicts with skunks are usually caused by exaggerated fears about being sprayed by skunks, yet such conflicts can be easily resolved using humane techniques. For more information, go to humanesociety.org.

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The Humane Society of the United States is the nation's largest animal protection organization — backed by 10.5 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty — On the web at humanesociety.org.