Judicial Watch: New York Authorities Planned to Euthanize ‘Peanut the Squirrel’ and ‘Fred the Raccoon’ Before Seizing Them from Owner

(Washington, DC) – Judicial Watch announced today it received 163 pages of records from the New York State Department of Environmental Conservation in a Freedom of Information Law (FOIL) lawsuit which show authorities had planned to euthanize a squirrel named “Peanut” and a raccoon named “Fred” before they were seized from Pine City, NY, resident Mark Longo.

The incident report from the raid on Longo’s home shows that 12 law enforcement personnel were involved in the October 30, 2024, operation to seize Peanut and Fred.

The records also show that Peanut was decapitated for rabies analysis after a wildlife biologist who seized the animal from Longo claimed to have been bitten on the thumb.  

The records were produced as part of two FOIL requests filed on November 6, 2024. The Department of Environmental Conservation

initially failed to comply, but a Judicial Watch lawsuit filed last month seems to have expedited the release of the records (Judicial Watch Inc. v Sean Mahar, Interim Commissioner, New York State Department of Environmental Conservation (No. 902596-25)). 

In the New York State Department of Environmental Conservation’s “Incident Report” dated October 24, 2024, related to the raid on Longo’s home in which Peanut and Fred were seized, the officers redacted the name of the “complainant,” as well as three other “associated persons.” The form indicates that two items of “wildlife” property were seized to be “held” – including a “live raccoon” and a “live gray squirrel.” It notes that both animals were “seized and transferred to [redacted]” on October 30, 2024. They also note that a firearm, model CT4-2A (which is a semi-automatic 9mm AR-15 style rifle produced by Delta Level Defense) was seized and sent to a lab on October 30, 2024. The form lists the “value” of the animals and firearm as “$0.00.”

In the “narrative” portion of the form, officers indicate, “R8 dispatch and R8 wildlife email have received multiple complaints of unlawfully possessed raccoons, and an unlawfully possessed squirrel that were posted to several social media outlets.”

The incident report indicates there were “0” victims, but “2 suspects” in the case.

Further along in the incident report, the officer details preparations for the squirrel raid:

10/22/24 I was forwarded an email on my approved day off from [redacted] regarding assisting with a possible search warrant to collect the unlawfully possessed raccoons. We made arrangements to discuss the matter further on 10/23/24 at the R8 bloc meeting.

10/23/24 I met with [redacted] and discussed the basics of this case and made a plan for [redacted] and I to meet on 10/24/24 a [sic] the R8 office to begin working on the case file. I advised [redacted] of the case and that I would be assisting the uniform officers with a possible search warrant to collect the raccoons.

10/24/24 I met with [redacted] at the R8 office and began researching the social media accounts of suspect Mark Longo. I also advised [redacted] of the case and to relay any new complaints  to me or [redacted]. I spoke to [redacted] and [redacted] and made a plan to work the case with the uniformed officers. I advised wildlife staff of DLE’s [Division of Law Enforcement’s] involvement and to forward any inquiries regarding the case to me or [redacted].

I observed several videos on TicToc [sic], Facebook,  and Instagram related to the suspected unlawful possession of squirrels and raccoons on the accounts held by Mark Longo.

Further along in the incident report, the following narrative appears:

On 10/30/2024 from approximately 1035 hours to approximately 1400 hours I assisted with execution of a search warrant at 37 Beckwith Road. ECI [Environmental Conservation Investigations] [redacted] and I took photographs with the OSCR360 and DSLR camera. 70 photographs were taken with the OSCR360 and 20 Photographs were taken with the DSLR camera. I also assisted with searching the residence. I observed an unlawfully possessed raccoon and squirrel within the residence.

In another portion of the report, an officer writes:

On 10/30/24: I assisted with the execution of a search warrant at 37 Beckwith rd Pine City. I conducted a safety sweep of the house with [redacted] securing multiple firearms. I also completed the evidence chain of custody for the firearms and animals that were seized. Finally I completed a sketch of the house.

In another portion of the report, an officer discusses at great length how he had multiple complaints about “allegations of unlawful possession of a squirrel and a raccoon.” The officer notes that Longo “did not possess a wildlife rehabilitators license.”

Further along in the narrative, the officer writes that on October 29, 2024, before the raid:

I provided [redacted] with a summary of the case and then requested their suggestion on what they would like done with any wildlife located during the investigation. [Redacted] advised that if any of the wild animals had contact with humans, they would most likely need to be submitted for rabies testing. [Redacted] advised that they utilize the Elmira Animal Control for euthanasia and submission of rabies testing and suggestion I contact them.

The reporting officer notes that after the squirrel was found, “Longo began pleading to not take the squirrel:”

I was advised that while capturing the squirrel, while wearing latex gloves under heavy duty leather gloves, Wildlife Biologist [redacted] was bit [sic] on the thumb. [Redacted] stated that the bite didn’t appear to break the latex glove, but wasn’t sure. [Redacted] showed me the abrasion on her thumb.

The officer writes that he called the Chemung County Health Department to advise them:

[A] squirrel and raccoon that cohabitated a common living area, were confiscated during the investigation. [Redacted] was advised that the squirrel had bitten a DEC employee, that the incident and investigation is high profile and then was asked if the animals should be tested for rabies since the raccoon is a rabies vector species. [Redacted] stated that both animals should be tested as a precaution as she didn’t want to chance it.

At approximately 1404 hrs, I spoke to [redacted] via cell phone to advised [sic] that I would be bringing a squirrel and raccoon to the Elmira Animal Control that needed to be euthanized and tested for rabies as per the direction as per the direction of the County Health Department.

***

Upon arrival to the Animal Control Office, [redacted] advised that he had called [redacted] again to reiterate the specifics of the case and to emphasis [sic] that the case is high profile. [Redacted] stated that [redacted] said it didn’t change anything and that the animals would need to be tested.

[Redacted] and I met with [redacted] and brought the raccoon and squirrel into the facility. I assisted [redacted] and another Animal Control Officer in transferring the raccoon and squirrel into different enclosures so that Detota would be able to euthanize them utilizing drugs that she is certified to use.

Another officer’s statement indicates that there were “four complainants” regarding Longo possessing the squirrel and raccoon. On October 27, 2024, an individual claiming to be one of the complainants called the officer and “was able to corroborate certain information from the complaint, and social media posts made by Mark Longo online. The caller did not wish to give a written statement and wished to remain anonymous for fear of retaliation.”

Another officer, who organized the raid on Longo’s home, reveals that at least 12 law enforcement personnel were involved in the raid to seize Peanut and Fred, including: “3 DEC [Department of Environmental Conversation] Investigators, 1 Investigator Lieutenant, 4 Uniform ECOs [Environmental Control Officers], 1 Uniform Lieutenant, and 3 Bureau of Wildlife staff.”

Another officer’s statement indicates that Fred the Raccoon was found hidden in a piece of luggage in Longo’s house and Peanut the Squirrel was found in a bathtub in the house.

Despite the assertion in the incident report that the latex glove of the wildlife biologist who seized Peanut was not broken, a “Rabies Report Form” claimed that the “skin was broken” of the individual. The report notes that “Animal decap requested on 10/30/24” and that the “Decap” was done by the city. [“Decap” refers to decapitation, which is reportedly done in New York State so that the head can be sent for rabies testing.]

On October 22, 2024, an individual whose name is redacted, sends an email complaining about Longo’s videos involving ‘Fred the Raccoon’ under the heading “Raccoon Animal Abuse.” The sender of the email states:

I’d like to report an account I follow online. Mark Longo in Pine City, NY. This man takes videos farm animals without water or shelter. He has been showing his squirrel, Peanut in a dirty disgusting room. He’s been doing [TikTok Live] all week. [He’s] got a pretty large raccoon in what appears to be his kitchen in a small cage. It looks like a very small dog crate. He takes it out during his lives [sic] and puts him back in. This is no way for an animal to live. I also believe it’s illegal to keep a pet raccoon in NY. He said its name is Fred.

On November 14, 2024, lawyers representing Longo and Bittner sent a records preservation request letter to the New York State Department of Environmental Conservation and other state agencies, advising them that litigation was likely relating to the seizure of Peanut and Fred and to preserve records relevant to the October 30 raid. The letter also called for the preservation of the bodies of Peanut and Fred.

A copy of the search warrant signed by Chemung County Court Judge Richard Rich, Jr. and executed at Longo’s home indicates that the New York State Environmental Conservation Police official who sought the search warrant was Investigator Joshua J. Crain.

“They treated me like I was a terrorist. They treated this raid as if I was a drug dealer. They ransacked my house for five hours,” Longo told the New York Post. Peanut, also known as P’Nut, was popular on social media.

“New York State bureaucrats did not want to turn over these documents, but Judicial Watch’s lawsuit forced their hand,” said Judicial Watch President Tom Fitton. “The documents show an abuse of power where 12 officers were sent in on a raid to seize Peanut and Fred, who the bureaucrats decided beforehand would be killed. These documents show the killing of Peanut the Squirrel and Fred the Racoon was the result of pure government abuse and insanity.”

The event sparked public outrage. President Trump’s supporters “denounced the death of Peanut the Squirrel as a case of government overreach.” JD Vance, campaigning for President Trump, said that then-candidate Trump was “fired up” about Peanut being euthanized.

Judicial Watch is being assisted in the case by attorney Ethan Leonard of the Law Offices of Neal Brickman, P.C.

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