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The Honolulu Advertiser
Posted on: Monday, April 13, 2009

Cat killings, harassment alleged

By Michael Tsai
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

Simon Chong dispenses cat food along the side of Kapa'a Quarry Place, where he cares for a colony of cats in the area.

Photos by ANDREW SHIMABUKU | The Honolulu Advertiser

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Hawaii news photo - The Honolulu Advertiser

A Humane Society USA official says even feral cats, like this one at Kapa'a Quarry, are protected under state law.

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Caretakers of cat colonies at Kapa'a Quarry Industrial Park say dozens of felines have been killed or maimed by local pig hunters over the past several months and that they themselves have been harassed and threatened by the hunters, including a security guard employed by the owner of the property.

According to David McArthur, who cared for one colony of cats as part of a spay-and-neuter program while renting a business space on the property, the killings began last year and have continued despite investigations by the Hawaiian Humane Society and the Honolulu Police Department's Criminal Investigations Division.

McArthur, who owns a furniture restoration business, said the colony he cared for once numbered about 35, but has been reduced to less than a dozen.

Cindy Newburg, who manages a separate colony in the area, said at least half of her colony — about 10 cats — has been killed or is missing. She said a third colony of about 20 cats near the Ameron International plant has been "completely wiped out."

Newburg said she and boyfriend Simon Chong were tending to their colony at Kapa'a Transfer Station last September when they encountered four men, two of whom admitted to shooting at cats.

According to Chong's report to police, the group drove to a nearby security station while he called the police.

Newburg said the security guard, who was identified only by first name, told the men to leave before the police came, then drove off. The guard, whom Newburg believes is friends with the men, later returned and gave a brief statement to police.

Newburg said that since the incident the guard and people associated with him have harassed and intimidated her and Chong.

"(The guard) and his friends have threatened me, blocked my car and chased me with ATVs," Newburg said. "We filed our report on Sept. 3 and they've been harassing me ever since. But the police don't do anything because it has to do with animals.

"It got so bad that I just stopped calling the police because whenever they came, they never did anything and we were just adding fuel to the fire," Newburg said.

HPD Detective John Nakashima said the case is ongoing and that he has not yet been able to identify the two suspects.

CATS SHOT

The Advertiser was scheduled to meet with the guard last week to discuss the accusations but he did not follow through with the interview. McArthur said he noticed seven cats missing when he went to feed his colony on Nov. 21. On Thanksgiving Day, he and members of Cat Friends, a local organization that advocates for abandoned and feral cats, found the bodies of two of McArthur's cats — Sweetie Boy and Calico Girl.

The bodies were taken to a local veterinary clinic where X-rays revealed that the cats had been shot with .22-caliber bullets. The tests were covered by the Humane Society of the USA for possible use as evidence.

McArthur had filed an earlier report with HPD after one of his cats turned up with a 22.-caliber bullet lodged in its shoulder.

McArthur said he believes the guard and his friends were responsible for the shootings and that the guard previously had admitted to him that he "shot cats and left their dead bodies on the pig trails to bait the pigs."

McArthur said the guard and others regularly hunt for pigs near the industrial park area.

Inga Gibson, the Hawai'i state director for the Humane Society USA, said the shootings appear to be in violation of state anti-cruelty-to-animal statutes.

Under state law, it is a felony if a person "intentionally or knowingly tortures, mutilates, or poisons or causes the torture, mutilation or poisoning of any pet animal or equine animal resulting in serious bodily injury or death" of the animal.

Feral cats may be considered "pets" if they are part of a managed colony and the caretaker has assumed the same responsibilities for the cats as he or she would for a traditional house pet, including feeding and medical care.

Gibson said McArthur's cats appear to meet the criteria because McArthur had permission from the property owner to keep the cats and had responsibly managed the colony. Gibson emphasized that even unmanaged feral cats are protected under a state law that requires property owners who wish to remove cats to do so with humane traps.

"It's never acceptable to shoot or poison or cause harm to feral cats and dogs," Gibson said. "It's never acceptable to take matters into your own hands, regardless of whether the cat is social or feral, even on private property."

Gibson said cruelty to animals cases are difficult to prosecute because intent to harm (versus simple negligence) must be established.

FEAR OF RETALIATION

McArthur's case was investigated by the Hawaiian Humane Society and forwarded to the Honolulu Police Department. McArthur said he was told by the police that no charges would be filed.

Like Newburg, McArthur said he has been threatened and harassed by the guard and his friends.

"The guard has threatened me and followed me on the road," he said. "I keep my eye on the rearview mirror all the time now."

He said he has moved his business and relocated his remaining cats for fear of retaliation.

McArthur said he was especially disappointed the Hawaiian Humane Society and the police did not act on the evidence he provided.

"I really feel like I've been victimized by them," he said. "There's the attitude that these are just cats, but it's much more than that. There are firearms being discharged in an area where people work, so it's a public safety issue as well."

Paul King, who manages the Kapa'a Quarry Industrial Park property for his father, said he supports the security guard "100 percent" and believes the allegations are a result of a broken friendship between the guard and McArthur.

"It's high school kind of stuff," King said. "Their friendship fell apart and now they're teasing and taunting each other."

King said he is aware that the guard traps pigs in cages near the property and that he owns a gun, but does not believe that the security guard shoots animals on the property.

However, King described the areas surrounding the park as being "like the Wild West at night" and said he has had problems with illegal hunters and trespassing.

"I'm afraid because we have a number of tenants who work up there, sometimes at night," he said. "I told (the security guard) to keep a close eye on (the property) and keep the hammer down."

The Humane Society USA is offering a $2,500 reward for information that leads to the arrest and conviction of those responsible for the shootings.

Reach Michael Tsai at mtsai@honoluluadvertiser.com.