Investigative report by Terry Torreance
Again?! New Complaints Filed Against Three Angels Farms: Chameleon Carrier
Houston, TX – Four new complaints were filed against Three Angels Farm of Lebanon, TN (Dorian Ayache) with the USDA office of the Inspector General (USDA OIG), totally 5 in less than two months. Three Angels Farms is best known for two high profile accidents on I-40 that occurred in January and June while hauling horses to slaughter.
The latest rounds of offences are associated with documents revealing violations of the USDA 28 hour rule. According to the complaints, horses were trailered for up to 44 1⁄2 hours, exceeding by 15 1⁄2 hours the legal limits. Fines, up to $ 5,000 per horse according to USDA regulations, could total almost $200,000 per incident.
Obvious violations
Records revealed clear violations. Log books of the Ayache operation for March and April were obtained from the Federal Motor Carrier Safety Administration (FMCSA) via a Freedom of Information Act request. Once the records were reviewed, a formal complaint was filed with the USDA OIG, including specific details which provided the basis for the 4 additional complaints.
Log entries for Three Angels Farms showed that on 4 separate dates horses were loaded on trailers for over 28 hours.
- 03/26/2012 – 35 1⁄2 hours
- 03/28/2012 – 44 1⁄2 hours
- 04/11/2012 – 31 1⁄2 hours
- 04/13/2012 -29 1⁄2 hours
Many horse owners question the 28 hour law, saying 28 hours is excessive while citing laws in countries where maximum limits are less than half what is allowed in the U.S. In addition, the already liberal legal maximum appears to have never been enforced. Many are exasperated by claims of shorter, more humane transport as reason to bring slaughter back to the U.S. since there is no record of the USDA ever enforcing the 28 hour rule.
“There’s no question transport conditions are bad,” said John Holland with Equine Welfare Alliance (EWA). “They were horrendous when horse slaughter was operating in the U.S. and just like now, the 28 hour rule was violated all the time with absolutely zero enforcement.” According to EWA, Veterinarians for Equine Welfare (VEW) and many other organizations, the issue is best addressed by banning horse slaughter and related transport all together, not by bringing it back.
Chameleon Carrier
In other documents, Department of Transportation Investigator James Reid described being directed to ‘divert from his destination’ and go to Ayache’s Three Angels Farms after Ayache’s wreck on January 12. Reid quickly finds that Ayache was operating as a “reincarnate (chameleon) carrier” under his brother’s name. Investigator Reid asked Ayache why he had two DOT numbers, who stated that he had a bad record with his old DOT number and just stopped using it, starting another business under his brother’s name.
However, Investigator Reid noted that Ayache’s earlier carrier company had been ordered to cease all operations after failing a safety audit in Sept 2011 and his “unwillingness to submit a corrective action plan.”
Severe Defects and Malfunctions
During another inspection visit on Feb 3rd, Investigator Reid found “numerous out of service violations” on Ayache’s tractors and trailers. Defects and malfunctions were severe: “These violations placed Three Angels Farm’s trucks and trailers out of service for a 100% out of service rate.”
Ayache’s second wreck in 5 months, on June 12 resulted from the trailer breaking in half as it traveled west on I-40 outside of Nashville, less than 30 miles from Three Angles Farms. In both this and the January wreck several horses died.
Six days later on June 18, Tennessee Department of Public Service stopped 4 Three Angels Farms semis and quickly put 3 of the 4 tractors out of service for defective brakes, tire tread separation, cab body improperly secured to frame and several other violations. Two of the four trailers were similarly put out of service.
Yet on June 23rd one of the trailers was seen and trailed for 3 hours as it traveled west on I-40. Loaded with horses and traveling away from the Ayache operation in Lebanon, the trailer had been removed from service less than a week before for a cracked frame, loose, sagging, broken, inadequate floor condition, inadequate brakes, tire tread and other violations.
Independent of having the out of service trailer on the road, on June 29th, 2012 the U.S. Department of Transportation ordered Three Angels Farms to immediately cease all transportation operations. http://www.kaufmanzoning.net/usdepartmentoftransportationordersthreeangelsfarmsshutdown062912.htm
Due to the completed Feb 23, 2012 compliance review, Three Angels Farms was fined a civil penalty of $2,000. The summary of violations found were Three Angels Farms using a driver before the motor carrier as received a negative pre-employment controlled substance test, and failure to require driver to prepare vehicle inspection report. http://www.kaufmanzoning.net/NOC%202012_Redacted.pdf
On June 29th, 2012 the U.S. Department of Transportation ordered Three Angels Farms to cease all transportation operations. http://www.kaufmanzoning.net/usdepartmentoftransportationordersthreeangelsfarmsshutdown062912.htm
The 4 new complaints filed regarding Ayache’s violations to the 28 hour laws, strongly indicate the extremes to which Three Angels Farms is willing to put horses in his care. Up to almost 45 hours on a trailer with severe defects and malfunctions, add the issue of inhumane transport to the already well-founded concerns over threats to the public’s safety posed by Ayache. The formal complaints filed with the USDA also raise questions as to why the 28 hour laws appear to have never been prosecuted when a simple examination of one company’s documents covering a limited time period revealed substantial violations.
Link to full length report : www.kaufmanzoning.net/threeangelsfarmfullreportcomplaintsfiled0712.pdf
Link to report with Investigator Reid’s comments: http://www.kaufmanzoning.net/2.23.12%20CR.pdf
9CFR 88, Commercial Transportation of Equines to Slaughter Act: http://law.justia.com/cfr/title09/9- 1.0.1.3.29.html and USC 80502, the 28hr law of 1877: http://www.nationalaglawcenter.org/assets/crs/RS21978
Related articles
- Law Catches Up with Horse Slaughter Trafficker (rtfitchauthor.com)
- Ayache’s (Three Angels Farms) Horse Slaughter Trailer Involved in Accident, Again (rtfitchauthor.com)
- No Progress on Horse Slaughter Plant in Rockville, MO (rtfitchauthor.com)
- Moran Amendment to Ban Horse Slaughter Passes Appropriations Committee (rtfitchauthor.com)
- Horse Slaughter Increased 38% Over Past Year (rtfitchauthor.com)
- No progress yet on proposed Rockville, Mo., horse slaughter plant (kansascity.com)
- Plans for Horse Slaughtering Plant Stall (stlouis.cbslocal.com)
- Breaking News: FRER Discovers Documented Efforts to Begin Horse Slaughter in Missouri (rtfitchauthor.com)
Categories: Horse News, Horse Slaughter
Straight from the Horse's Heart 
Finally … !
Thank you to all who participated in nailing this sub-human and his associates to the wall.
More to go…
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I just hope they stay nailed! Isnt it sad that the DOT is going after these creeps, but there doesnt seem to be any humane actions to prevent them from just loading up these poor animals & taking off once again.
They sure have gotten away with an awful lot – before getting any actual punishment.
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The levels of depravity to which humans can sink is beyond rational comprehension. I am so sick of the mentality that says anything goes as long as there is a buck to be made. Justice trumphs in a civilized society. What the hell does that say about our society? Tonight some lowlife out of state Marcellus Shale worker deliberately killed a Canda goose in front of my farm. I chased him down and it was all I could do not to pull him out of his truck and beat the hell out of him. I am so sick of people who have no regard for the life and well being of our fellow creatures who we coexist with on this planet. The true nightmare is envisioning a planet devoid of all BUT human life. Sorry I am just so upset. I feed the geese and they are truly wonderful creatures and like horses we could sure learn alot about virtue and compassion from them. All it takes for evil to win is for good women to be silent. WE MUST DEMANDTHAT OUR HORSES STOP BEING BRUTALIZED.
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Faith, you hit the nail on the head….It continues to amaze me, not only the lack of compassion for our innocent creatures, but their cruel behavior towards them. What does this say about our
society, is right! I’m very upset too and my heart breaks for any and all animals that suffer unnecessarily. The need for stricter laws while enforcing those we have is imperative, if we are to provide humane conditions and have justice prevail for the innocent.
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Dear Faith, beautifully written……………………….. I totally agree !!!!!
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Thank you for posting this report Mr. Fiitch!!
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it doesn’t seem to stop them from continuing to haul horses to slaughter, what will it take?
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This is precisely why we must get Horse Slaughter Banned in every State , also needed added to the wording no slaughter trucks can pass over or through the borders of the States , we absolutely need to do this in every State………Contact your States Rep for General assembly, a ban on horse slaughter in every State means NO HORSE SLAUGHTER
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RIGHT! As long as slaughter EXISTS they will find a way. What really pisses me off is our govt. being in collusion – or it might as well be. “Slaughter bound” horses don’t seem to warrant any protection. Driving me nuts! I had enough of this back in Texas, and now they want to bring it back? Over my dead body!
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In the Document preparation include this no horse slaughter trucks can cross each state borders under penalty of the Law !!!!!
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The 28 Hour Law is not a USDA rule; it’s a federal law 49 USC Sec. 80502. It was the nation’s first federal humane law. Unfortunately, until sometime in 2007 the USDA interpreted it to exclude “truck transports” even though the plain language of the statute said it applies to “vehicles”, “vessels transporting animals” and “common carriers”. That’s one reason it was never enforced; USDA just read it not to apply to truck transports which is how most animals are transported.
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The Commercial Transportation to Slaughter of Equines, 9CFR 88 also states that Equines cannot be on a trailer for more that 28 hours. The fines for that offense are higher with 9CFR 88 than the28 hour law of 1877 which overs all livestock on a trailer
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“Fines, up to $ 5,000 per horse according to USDA regulations, could total almost $200,000 per incident.” If this was enforced, it wouldn’t be profitable for this scumbag to operate, not to mention the revenue for the USDA which could be used TO ENFORCE THE LAWS.
Those poor horses, how terrified and traumatized they must have been before they even arrived @ hell on earth. The driver said 9 died in transport, can you imagine the panic of the others standing on 9 corpses and then more had to be shot upon arrival because they “couldn’t make it to the slaughterhouse”. I guess those were the lucky ones. 😦
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Dear Lisa, it is unthinkable the terror these horses were subject to, my mind cannot even grasp the horror , these beautiful animals were put through, we must find away to stop this insidious slaughter of our horses, these are gifts why cant these Monsters see that…………… We all need to follow suit with New Jersey, Illinois, California and there is one more i cant think of right now anyway nonetheless we need to address this in every state getting a Ban on Horse slaughter IN EFFECT, this is accomplished by getting in touch with your State Assemblyman, and meeting with with him or her, i have a appointment here for Monday, also remember to include the words no slaughter trucks can cross the the borders of your State………………………..
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That is my question….with fines of $5000 per horse, whenever they actually ‘fine’ the POS dirtbag. Would it not be wonderful to have enough $$ & people to purchase the remaining horses on that property & this ‘farm’ to cease ALL horse operations forever. “He” is the poster boy for what ‘the like’ have & continue to get away with as far as ‘cruelty towards animals’ ……WHERE HAS THE LAW (enforcement) BEEN?? I would also like to see this blown up by HSUS etc. for more exposure ‘publics eye’ …. to what this creep & others like him are doing & have been getting away with.
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The problem is Ayache can contract out drivers. He just can’t use his vehicles. So say I owned a rig and was willing to take Ayache’s blood money. I haul, he pays. Maybe less money but he’s still in business.
Apparently he just gets off sending animals to a horrible fate. And flat out doesn’t care who he hurts in the process. As someone who spent 2 1/2 days out on the road coming home from my own travels I DO CARE. Drivers that are that tired have no business out there. And Ayache telling employees to fudge the paperwork–who does he think he’s kidding??? Ayache gets a fine which he may or may not pay. The driver may get a smack on the wrist but he’s the one REALLY responsible for driving when he’s that tired. REFUSE. WALK AWAY. Is this job really so important that you’d risked everyone”s life out there including your own????
Obama simply needs to close the borders, sign an Exectutive Order banning the sale and transport for human consumption. It would end it all right there.
And for the record we in CA did pass a law some 15 years back banning slaughter and knowingly selling horses for the same fate. The problem is there is a huge wide open Grand Canyon size loophole that allows every driver to ignore the law legally. There just simply moving the horse from one place to another. Once out of state the ownership changes. Voila. Done and legal. Not right but there you have it.
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Bottom line is Congress, by not passed the horse slaughter prevention act of 2011, is ultimately to blame. If the transportation of animals to foreign countries for slaughter was banned this criminal act could carry a much more severe punishment than $5000 per horse. It could mean prison time!
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Honestly, people who dont care about any other being except themselves will continue to do what they do as long as they are allowed to. Can understand Faith’s feelings about the people who come
in from out of state to make money & destroy the environment. I feel that way about the deer who live near us. The jerks who drive on our road must have the same mentality!
I live in NY (marcellus shale territory) and so far we have been lucky. But probably not for long.
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Not very clear there, was I? I LIKE the deer – not the people coming in from out of state!!!
Does that make more sense?
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WHAT?????????????????????????? Is all that I can say!! What is this guy doing that allows him to be OUT OF JAIL?????? Who is he PAYING OFF?????? Get Him!!!!!
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From ANIMAL LAW:
http://animallawcoalition.com/horse-slaughter/article/2055
FOIA Confirms Bouvry’s Plans to Re-Open “Death Row for Horses”
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Reblogged this on STOP ANIMAL ABUSE.
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So the next brouhaha for SS is in Washington? Doesnt sound like she has anything to do with this one – I do hope Washington residents raise hell about this.
(by the way once again, thanks Louie for the link)
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And yet when the WSMV news station helicoptered over Three Demons Farms just the other day they saw business as usual with a lot of horses at this business. Believe they may be using contract truckers from a different company. Does anyone know if this is a violation of the original order? Those horses aren’t just standing around there cuz it’s a fun place to be.
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Dear Morgan, It is a great Idea to monitor every move they make at 3 Demons farm ( what a horrible name for a farm, cant be anything good going on there )and be ready for a huge ARREST !!!!!!!
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ANOTHER wicked person helping to stir the Three Angels horse abuse pot?
Horse hauler may be open under new name
http://www.wsmv.com/story/19135913/three-angels-farms-may-have-new-chameleon
Posted by Nancy Amons – emailMurfreesoboro, TN – A Lebanon company that was shut down last month after two accidents involving trailers loaded with horses appears to be up and running again under a new name and in a new location.
Copyright WSMV (Meredith Corp) 2012. All rights reserved.
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Power Greed and Control; This is what our Country praises. When they opened Slaughter in USA again they opened Pandora’s Box… The heinous crimes against Animals are generally never prossecuted and or over looked due to the fact that most consider animals not worthy of respect and protection.
The animal rights law as we have, however, As stated above they are hardly ever enforced.
Animal Cruelty Laws (State-to-State)
•33 states and the District of Columbia currently have laws that make intentional cruelty a felony charge, while the remaining states treat animal cruelty as a misdemeanor.
•Many animal cruelty laws specifically exclude accepted animal husbandry practices involving farm animals, animals used in research, and lawful hunting and trapping of wildlife.
•Many states now require the person convicted of cruelty to undergo psychological evaluation and counseling, in addition to paying a fine or serving a prison sentence.
•An increasing number of states are instituting cross training and reporting programs that involve social service workers who are likely to see cases of animal abuse during the course of their work in domestic violence and child abuse cases.
•A number of states provide civil and criminal immunity to veterinarians who report suspected cases of animal abuse to law enforcement authorities, as veterinarians are likely to be the first to come in contact with an abused animal.
•Enforcement of animal cruelty laws can be carried out by local police or by humane or municipal agencies that are granted power from the state or local government.
Most of these are a laugh in the face! Most law enforcement turn a blind eye
or commit the acts themselves
The violence against or Equine freinds has escaladed to all new heights since the opening of Slaughter in the USA, it is time for us to stand up and make the right choice and fight for all animal rights and ban horse slaughter all together for good.
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