Woman drops civil charges against Ken Wiles

SALEM, Ohio — The woman who cried ‘animal abuse’ and summoned national attention to a Wayne County hog farm has dropped her civil lawsuit against the farm owner.

Ingrid DiMarino, a former employee on the Wiles hog farm near Creston, dropped her case against Ken Wiles April 30.

However, Wiles may not be in the clear yet.

“Any plaintiff has the one-time right to voluntarily dismiss a civil case,” said Russell Buzzelli, Wiles’ attorney.

Along with that right comes the ability to refile the case within one year, according to Buzzelli.

Allegations

Buzzelli said DiMarino’s allegations were “civil in nature” and were filed on the basis of civil rights, including charges of unfair labor practices, wage discrimination and wrongful termination.

Ken Wiles previously told Farm and Dairy that DiMarino alleged more than 30 claims in the suit and sought $25,000 plus damages on each.

Timeline

DiMarino, who was employed on the farm from October 2004 to May 2006, filed her case in May 2007.

During her time at the farm, the woman summoned the California-based Humane Farming Association, which launched an undercover investigation into animal cruelty there.

The farm was raided in November 2006 by HFA officials and local sheriff’s deputies.

Ken Wiles and his son, Joe Wiles, along with farm employee Dusty Stroud, were charged with cruelty to animals in January 2007.

Last June, Wayne County Municipal Court Judge Stuart Miller cleared Ken Wiles and Dusty Stroud of all animal cruelty charges. Joe Wiles, who manages the farm, was found guilty on one charge, fined, ordered one year of probation and to attend a humane handling training session.

Another shot

Buzzelli said if DiMarino chooses to refile her case, it could be done in Wayne County Municipal Court or another court as long as she followed state or federal rules for civil procedure.

Two attorneys, Myra Cottrill and Caryn Groedel, who were at one time listed on the court docket as representing Ingrid DiMarino, did not return calls seeking comment.

There are currently no other charges pending against Wiles.

Related coverage:

BREAKING NEWS: Woman drops civil charges against Ken Wiles (5/1/2008)

Ohio pork producers help Wiles farm (8/9/2007)

Judge clears Wayne County hog farmers, employee of most charges (6/28/2007)

Wiles trial to happen without jury (6/14/2007)

Wiles case granted June jury trial (3/22/2007)

Farmers: Look, listen and then talk (3/15/2007)

Wiles charged with animal cruelty (1/25/2007)

Farmers shouldn’t confuse concerned people with radicals (Letter, 1/11/2007)

Hog farm investigated for abuse (12/21/2006)

About the Author

Former staff reporter Andrea Zippay wrote for Farm and Dairy from 2001 to 2009. More Stories by Andrea Zippay

28 Comments

  1. Rebecca says:

    I just witnessed this atrocity on HBO in a hotel room. I live in Ohio and I will make it my personal mission to be sure everyone I know does not eat pork again. This is disgusting and I am embarassed to be a part of the Ohio community. I thought there were hillbillies in Kentucky, these “pigs”, The Wiles, will have God to judge them and the cruelty to these poor animals. I am posting this on facebook and I will be sure that it gets passed around. I will never eat pork again.

  2. F. Friedrich Kling says:

    That’s OK. I have seen the horrific video of the Wiles taking joy at the cruel death of hogs. They will be punished in the next life for the creator created not just humans but pigs as well.

  3. dave says:

    For every animal you don’t eat I’ll eat three.

  4. EC says:

    Well, Farm and Dairy readers, I certainly hope you all treat your respective animals more humanely than the Wiles. This country is slowly, but surely waking up to the cruelty and abuse that living creatures endure at the hands of callous and ignorant industrial farmers. I am not a vegetarian. But I will never eat mainstream pork (or beef or chicken) again. Then again I am fortunate to live in an area where I can get humanely raised pork, Niman Ranch. Watch out guys, cuz the rest of America WILL put your disgusting, cruel and inhumane torture of these innocent creatures,as well as your farms and livlihood OUT OF BUSINESS. There are other, much more educated, safer, and kinder ranchers out there offering us alternatives.
    Adapt or die.
    Personally I believe in Darwinism….only the intelligent survive…. and hope these horrible, ignorant,redneck ranchers and farmers die out…soon.

  5. Maria says:

    I agree, I am going to be very selective in where
    I buy my pork from now on . There is no excuse for treating animals like that. They would
    still be used for food, but they don’t have to be treated so bad. God will judge them in the next life, and I hope they pay . I am so angry and upset about this . I want to get involved in
    animal rights now , we all should try to do something, even if it’s promoting and telling people about this video, which is what I am going to do , loud and clear . What’s sad is the son will have a son and teach his son the same things.

  6. F. Friedrich Kling says:

    I submit this warning to the evil and wicked Wiles family for their unspeakable cruelty: ‘VENGEANCE IS MINE, SAITH THE LORD’.

  7. Tammy says:

    you people are without a clue I know them and they are by NO MEANS wicked OR Evil. If you don’t have something nice to say SHUT UP!!!!!!

  8. F. Friedrich Kling says:

    Hi Tammy,

    Do you know what “Res ipsa loquitur” (no, Tammy, it’s not a country and western song) evidence means? If not, then review the hours upon hours of Wiles video and audio evidence. I suppose you will tell me the figures in the video are alien impostors. The Wiles are monsters and I will take pleasure in their eternal punishment by the Almighty.

    I hereby pledge never to eat pork again.

    • David C. Guy says:

      F. Friedrich Kling “will take pleasure in their eternal damnation by the Almighty.” Herr Kling needs to find other ways to take pleasure, and perhaps to find an Almighty who will teach him that taking pleasure in damnation is (fill in your own word here.)

  9. Tammy says:

    Well F. Friedrich Kling maybe, maybe not but you yourself are NOT God Almighty so stop judging and leave it to the qualified (and believe me that isn’t you) Mind your own buisness Thank you Oh and by the way out west there are “Factory” Cattle ranches so maybe you should stop eating all meat.

  10. F. Friedrich Kling says:

    Tammy,

    You have a point. I have no doubt that “Wiles-type” operations pervade the beef industry; however, I grew up on a Missouri cattle ranch and we NEVER abused our livestock. From the time I was a little boy my parents and grandparents impressed upon me the importance of compassion, and respect for the environment on which we all depend for our sustenance, which is why I am so outraged by the Wiles and Dusty Stroud’s sick and cruel actions.

    Tammy Addendum: I pledge not to eat meat unless I am assured the livestock was raised in a humane manner.

  11. F. Friedrich Kling says:

    Tammy,

    I failed to respond to your first issue. You’re right, I am not God, but one need not be omnipotent to recognize the overwhelming audio and video evidentiary material against the Wiles and their lackey, Dusty Stroud, for being as clear a case of res ipsa loquitur as ever existed. Now do you understand, Tamrica?

  12. Alicia says:

    I watched the HBO documentary with a completely open mind. I do eat meat (including pork) and I do understand that there is going to be some very unpleasant circumstances on a factory farm. What i did find appalling was the joy that Joe Wiles displayed when “thumping” the piglets. Especially when he walks back into the room with a big smile after smashing in a piglet skull with a hammer. It does say something about a person who enjoys killing a helpless animal. And that is what is SHAMEFUL!!!!

  13. Tina says:

    Tammy sweetie…honey…there are many people who appear to be upright kind citizens, but you do not know (unless you have the sense to watch the video evidence) what these people are like. There is a word for people who seem kind on the surface but are MONSTERS in private and on the inside, the term is sociopaths/ antisocial personality disorder. Many violent people start with animal abuse, these men are not status quoe animal works, I grew up in a farming community in Ohio. Maybe it is now time to do some research on your own and educate yourself instead of blindly taking up for these guys who barly pass as human.

  14. Emily says:

    I will NEVER eat pork again, but to be safe and sure that it’s not from the Wiles farm. The only meat I’m eating will be from a free range farm. I don’t care if it’s more costly. We need to respect these animals. They don’t want to become food. The least we can do is treat them in a humane manner.

  15. kate says:

    I watched with total disgust at the HBO documentary this morning. Although I know there are animal farmers who treat their animals humanely, there was no excuse for the abhorent way these men treated theirs. The enjoyment the son appeared to take from smashing the skulls of piglets before tossing them into a bucket was sickening. The filthy conditions that Ken Wiles allowed on his farm, not to mention how he allowed his swine to live and die, IMO, spoke volumes about who they are as people. It’s shameful that our laws allow such cruelty to animals who are allowed to have life only for our eventual consumption. At least spend the extra money to buy meat and dairy products from farms that raise and/or slaughter humanely. Personally, I avoid eating anything that can look me in the eye and have an individual personality (and yes, I want to shut out “chickens” on this list, lol!), but that’s just me.

    Geez, did it strike anyone but me that this community was full of the most dour-faced people ever?

  16. Don says:

    I watched and it was no different than the farms I worked on growing up.

    For those of you who think God will judge them for providing food and making a living, you are wrong. There was no cruelty, and this is how it has been done for many years. Do all you people who are not going to eat pork any longer, still eat fish?? Do you know how fish are killed?? They are just thrown on ice to suffocate, which is much more inhuman. We are talking about hogs, not humans!! When they were striking the pigs, they were doing their jobs, no different than anyone else’s job, they understand what they are doing.

    Pass the pork chops, and I think I’ll have a double order of bacon tomorrow morning.

  17. pam says:

    I cringed watching the baby pigs being tossed about, what kind of human can not see how cruel and heartless that is? I hated the smug faces of the Wiles family while watching the tape. I now have no respect for the state of Ohio Hog assoc. for raising the money for Ken Wiles to pay off his debt. They may be smug that everyone will continue to buy and eat their pork, however a bad reputation hopfully will hurt the Wiles farm and put them out of business.
    I grew up in Iowa, my cousins had a hog farm, and not once did we see anything close to the cruelty shown in the film. Shame on that Iowa vet that said that hung sow was not suffering.
    Ken Wiles is a cruel disgusting excuse for a human being, as are his sons, and unfortunatly his grandsons.
    I pray for everyone that watches this film will continue to bash him and ruin his life!

  18. Chip says:

    Don, people who traded slaves in the 1600′s were just “doing their job” but that doesn’t make it right, does it? All beings have feelings, not just humans. Do you believe that because we are endowed with superior intellect that we have the right to do as we please, regardless of consequence. Think about that while you have your pork chops.

  19. Mike says:

    Yeah I at a Ham for easter yesterday and then saw the movie about this case. I cannot eat pork ever again. Not because of the hanging but because the hanging was legal. I cannot condon that kind of sick torture of any being. The question that must be ask is simply “Can it suffer?” and if it can we must never inflict undue suffering. They lost the case but they finally won my support.

  20. Elsa says:

    No pork or beef for me anymore. HBO cured me of that. Its healthier to eat lower on the food chain anyways.

  21. Chelsey says:

    While watching the HBO documentary I had to close my eyes several times because the torment was to intense for me to handle, several times it brought me to tears to see the extent of the cruelty that these people inflict on these animals. I think what sickens me the most is that people who were raised around factory farming see this behavior as being normal (i.e. Tammy and Don) The joy that Joe got from hurting animals is so disturbing, it made me sick to see them laughing about a piglet that was still twitching because it just got slammed into the ground. When one of the employees voiced his opinion about how cruel is was for Joe to do that, Joe made fun of him and brought in the hammer he had just used to smash in the piglets skull so he could tease him with it. He is truly demented. This is a baby animal that is totally defenseless and harmless to say the least. I don’t understand how someone can have no compassion for animals. I believe the way you regard animals is a true reflection of your soul.

    I do eat meat and do believe they are part of the food chain, but that doesn’t mean we treat them this way. I am very selective as to where I buy my meat from and will do now more extensive research to make sure that I am not supporting the Wiles farm and other Factory farms with the same practices. The only way anything will ever be done about this is if we can get our legislation to start passing defined laws that factory farms have to obey by. Because it was never clearly stated that hanging an animal is against the law that is why they got off on these charges. If you choose to stop eating meat that is your decision and I understand how you have come to this decision, but that will never be enough to stop these behaviors on factory farms. If we can’t get stricter laws passed they will continue to get away with this behavior because it saves them a buck. You heard it yourselves from Ken these animals represent one thing to him and one thing only MONEY! The more they can save the better. Unfortunately some of the farmers on the documentary look at animal activist as a way to destroy their business. If you are practicing animal cruelty on your farms to save a buck then you deserve to lose your farms. There are plenty of smaller farms that are successful, and that treat the animals humanly.

    Oh and PS Mr. Ken Wiles I live in Utah and no it does not practice hanging as a form of the death penalty. If you would have done some research before showing your intelligence level by making that ridiculous statement you would have discovered that Washington and New Hampshire do still have the option of hanging that the prisoner on death row can choose. I do believe the operative word here is OPTION! I don’t think that hog opted for its death to be by hanging and yes it was very apparent that the hog suffered by your choice of euthanization. The worst part about it again was the enjoyment that your son got from watching the animal suffer. Which by the way is a direct reflection of what a despicable human being you are. Monkey see monkey do!

  22. JEFF F. says:

    To all the morons that think this is not in-humane,maybe I should come and bash your skulls in.I am definitly a meat eater and also a hunter.But to see animals tossed and tortured the way this farm does makes me sick!To Tammy & Don,may god bless your ignorant hearts”or lack of”.Wether these animals are raised for food or not,does not give someone the right to abuse them while their fattening them up.There are many other humane ways to take care of the sick or dying,and obviously these dumb hick farmers dont care.

  23. I grew up on a small farm in BC…We raised pigs in a much more humane manner…I do not agree with the Wiles methods…I personally euthanized many aniumals with a single gunshot to the head, which was an acceptable and swift method..I believe legislation must be passed to encourage a more humane method of handling anilmals..the Wiles should be treated in the same manner as the hogs they raise..anyone who agrees with their methods should take a reality check..as the Humane animal people stated, hogs are extremely intelligent, not like fish,as one person compared them to.

    What I also found distasteful, is the cramped environment these sows are subjected to, I had no idea that this was happening..our pigs had freedom of movement, and the conditions were clean..

  24. Marii says:

    I recently watched the video that was made about the Wiles Farm in my Eng Comp Class in College and I was in shock the whole time. I was really pissed off the way these pigs suffer there last moments in life. I seriously do not want to eat pork again. just hearing these low lifes laugh and joke when they were hanging these pigs made me sick. If thats their way of making money and if its business.. its wrong. the judge should of puniched them the way they deserved. people like them never learn their lesson. good thing that their farm’s reputation pretty much went down the drain, because soon enough everyone will watch this video, waht an embarrasement. God will punish their sins.

  25. Stacey says:

    These people that run this farm deserve more than just a slap on the hand! THe problem is that the judge in this case does not take it seriously and if it was his family that was treated the way these poor defenseless animals then maybe he would care more… I seriously hope that guy’s son gets what he deserves because he was the worst one in that video.

  26. Stacey says:

    In response to “animals being part of the food chain” in one of the previous comments/Chelsey: Really are we living in the 1800′s ? Its time to involve our thinking about these issues all killing of animals and factory farming esp. is cruel and inhumane. These animals have feelings just like us. This country especially would be a lot healthier and drop our huge obesity rate if people stopped dining on animals like cavemen!

  27. Julie says:

    Does anyone know how I can find a place that legitimately sells meat that has not been tortured? How will I know if what they claim is true? I have not watched this HBO video but I read all the comments here, plus I watched the documentary Earthlings and I too, am truly disgusted by this abominable human behavior. The evil that dominates such pathetic human beings like these hick uneducated farmers truly upsets me and makes me SICK. I live in Miami, a city where there is basically supermarkets in every corner. But I want to do research and find a place that actually sells meat which was not tortured to death. My concern is that they may claim that but it could be a lie since apparently government laws are not followed and our government couldn’t care less… all they see is dollar signs.

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