GRANT COUNTY, KY JULY 2008

The Grant County AC received calls on eight starving horses in their jurisdiction.

The owner of these horses is well known from prior animal abuse charges involving cats and dogs.

She does not live on the property, and according to neighbors, her nephew has been left in charge of feeding the horses. He has only been seen coming around a couple of times a week, but apparently does not feed the horses properly.

Upon inspection of the horses and property, no water was accessable to the horses, and the only food source found, was stale old straw. It appears that the horses are suffering from a major worm infestation, indicated by their huge bellies.

The County attorney was called immediately, and he has been trying to contact the owner via phone, to no avail.

In the meantime, Speak Up For Horses has filled all empty water troughs and provided some good quality hay to be given to these animals several times a day.

Since the offender has a prior misdemeanor charge relating to animal abuse, this incident could be prosecuted as a felony.

LESLIE COUNTY, KY FEBRUARY 2008

Horse neglect - four found dead
Cutshin, KY (US)

Incident Date: Friday, Feb 29, 2008
County: Leslie
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: David Miniard


Leslie County officials said Friday that they found several badly undernourished horses and at least four dead horses on a farm in the Cutshin area.

Sheriff Paul Howard said Friday afternoon that his office was seeking an arrest warrant against the property owner, whom he identified as David Miniard, a coal miner.

The charges will involve animal cruelty and neglect, Howard said.He said authorities went to the site after receiving several complaint calls and found "seven or eight" horses that were badly undernourished.

He said they also found the decomposed bodies of four horses that had died on the property.Howard said the horses were in an area where all the grass essentially had been eaten away.

"The horses were fenced in and had no place to go," he said. "Some of them had actually jumped over the fence trying to get to other food. They just didn't have any grass at all to survive on."

Case Updates:

A Leslie County man won't serve any jail time after several horses were found dead or in bad shape on his farm. Court officials say David Miniard pleaded guilty to four counts of second degree cruelty to animals.Police say Miniard neglected close to a dozen horses in the Cutshin area. Four of them died. He received two years probation, a one thousand dollar fine, and must perform two hundred hours of community service.

WKYT - April 25, 2008

WKYT - March 30, 2008

WKYT - March 6, 2008

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MARION COUNTY, KY MARCH 2008

Horses found in poor condition
Lexington, KY (US)

Incident Date: Saturday, Mar 1, 2008
County: Marion
Disposition: Not Charged
Person of Interest: Ed Lanham

Marion County's UK-Agriculture Extension agent is facing allegations that several horses in poor condition were found on his farm.

Responding to a complaint from the Department of Agriculture, animal control and other authorities arrived to investigate the allegations Friday. Authorities say the horses belong to Ed Lanham, the county's UK-Ag Extension agent. A veterinarian checked the animals out and said that nine of the horses in question are in poor condition and five of the nine have him very concerned.

The sheriff says Lanham blamed the conditions on the wet winter.Authorities did find one dead horse, but they believe it died from natural causes.

They say they don't plan on filing any charges, but will make sure the horses are put on a strict diet and a worm treatment. Aside from the horses, authorities say the rest of the animals on the farm appear to be healthy.

Officials with UK's College of Agriculture say they're aware of the allegations against Lanham, but don't want to comment until they learn more about the situation.

References

Lex18 News - March 21, 2008

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MC CRACKEN COUNTY, KY MAY 2008

Horse neglect - 6 seizedPaducah, KY (US)

Incident Date: Wednesday, May 28, 2008
County: McCracken
Disposition: AllegedCase
Alleged: Linda Kingston

Six horses are now in the care of a veterinarian after McCracken County Animal Control officers found them in what one officer called “appalling condition.

”Officers took the malnourished horses from a property on Mayfield-Metropolis Road in McCracken County after receiving an anonymous call.

They charged Linda Kingston with six counts of inhumane treatment.Officers say a veterinarian found signs of mistreatment. Jeff Brown of McCracken County Animal Control says one horse was so malnourished it wasn't able to get up.

"They're all older horses. We've got a couple that are in their upper 20's and we've got some that are only 5 and 6 years old,” said Brown.The horses were taken to a holding center where a vet will treat them and give them the food and water they need.

Case Updates

Authorities in Paducah said a necropsy will be performed on the body of a horse that died after being seized with five others from a McCracken County woman's property.

County animal control officer Jeff Brown said the most seriously malnourished of the horses had been showing signs of improvement, but worsened Saturday night and was euthanized.

Authorities charged Linda Kingston with inhumane treatment of animals.Brown said Kingston blamed the lack of nutrition on poor quality hay.He said the other five horses were showing signs of improvement.

The animals were seized Wednesday after a veterinarian examined them and said they were malnourished.

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Seizure Gone Wrong Update (07/24/08):

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WPSD6 News

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McCracken County Attorney Dan Boaz is launching an investigation into what happened to five apparently malnourished horses seized from their owner in May.

Jeff Beach and Donna Collier of Reidland, who cared for the horses for 45 days after their seizure, have raised questions about whether they are being looked after as agreed in a court order signed July 2 or whether they were auctioned.

Judge Tony Kitchen's order gave custody of the horses to Jody Dick of Marshall County on July 2. "It is my understanding that court order did not transfer ownership, and that Mr. Dick was supposed to retain custody until the matter was resolved," Boaz said.

Boaz said he planned to go to the McCracken County Sheriff's Department this morning and ask for an investigation into what happened to the horses.

McCracken County Animal Control seized six of Linda Kingston's horses May 28 from her home o n Mayfield-Metropolis Road. One was later euthanized after it was unable to stand.

Kingston filed a motion through her attorney, Will Kautz, asking a judge to grant custody of the horses to Dick because she feared she could not pay the county's cost for caring for them until her court case is resolved. Her case is scheduled for a hearing this morning in McCracken District Court.

Although the motion says that Dick had agreed to take both possession and ownership of the horses, the court order signed by Kitchen, Kautz and Assistant County Attorney Sam Clymer makes no ention of ownership, only custody.

In a letter to the court, Dick said he would keep the horses at his parents' 55-acre farm near Benton. The farm is mostly pasture and includes a pond for drinking water, he said.

Jody Dick's mother, Sandra Dick, 70, said she has never talked to her son about keeping any horses on the farm.

"I know no thing about this," she said. "You'll have to talk to my son, who is 42 years old and who doesn't live here. ... The horses have never been here, and I don't know what they're talking about."

Jody Dick did not return phone a reporter's phone calls Wednesday night. He also did not return calls from McCracken County Animal Control Officer Jeff Brown, Brown said.

Brown said he had previously spoken to Jody Dick's wife, Kristi Dick, and that she told him they had found homes for seven of Kingston's horses that were not seized and planned to look for homes for the other five.

"At no point did we ever think they were going to take them to an auction and auction them off," Brown said. "We were under the assumption they were going to go to a 55-acre farm in Marshall County. Animal control went out and looked at it, and it had a nice pasture and large pond."

Beach said he began suspecting the horses were not being taken to the Marshall County farm after a phone call from veterinarian Rhonda Caudill, who was treating the horses. Kristi Dick had come to the clinic and demanded copies of the horses' health papers, she told him. Kristi Dick had listed on paperwork that the horses were being taken to the Marshall County farm.

"They were in such an uproar about getting those papers, and they didn't need them if they were going to take them somewhere in Kentucky," Beach said. "That threw up a red flag."

Beach and Collier continued to care for the horses until July 18, 16 days after Kitchen signed the order. That day, a man came to Beach's home to claim the horses. Beach recognized him as a horse trader he has seen at several auctions.

When talking to a friend that evening, Beach learned an auction was taking place that night at Southern Illinois Equine Sale in Goreville, Ill.

"It was too late for us to get there and try to do anything," Beach said.

Chris Ray, owner of the livestock auction, said late Wednesday he recalled selling the horses but could not recall to whom. That is not uncommon since he auctions 120 or more horses at a time, he said. Ray said he was sure he had a record of the sales in his computer, but declined to provide it to a reporter.

The auction does not require proof of ownership.
"If you've got the Coggins test and the health papers, that's showing to me they're the owner," he said. "That's the only proof we've got to have."

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Update 07/25/08:

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The horses have been found. The detective on the case found them in IL and they are on their way back.

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COURT RULING:

Tuesday, August 26, 2008

Kingston Enters Alford Plea In Starving Horses Case

PADUCAH, KY - The Paducah woman, whose starving horses were taken from her in May, entered an Alford plea Tuesday in McCracken District Court. Officials say there was enough evidence against Linda Kingston to go to trial, but she is not admitting guilt.

The judge ruled that Kingston will have to spend 60 days incarcerated at home, pay the county almost $7 thousand in restitution, sign over ownership of the remaining horses and not own any more horses. She will also be on probation for 2 years.

Back on May 8th, Kingston's horses were seized by county animal control officers at her Mayfield-Metropolis road home after they received reports of the horses being underfed. They were taken to Stonecreek Stables, where one of the starving horses died.

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FLOYD COUNTY, KY JUNE 2008

Case ID: 13981
Classification: Neglect / Abandonment
Animal: horse

Horse found neglected, unable to standFloyd County, KY (US)

Incident Date: Friday, Jun 27, 2008
County: Floyd
Disposition: Not Charged
Abuser names unreleased

Animal shelter officials are trying to nurse an Eastern Kentucky horse back to health after they say they found it in such bad shape, it couldn't even stand on all four feet.

Floyd County Animal Shelter Director Kathy Mullins says when she rescued the Tennessee Walker bred horse, she was covered in gnats and flies and unable to do anything about it because of a deep gash on her back right leg.

Mullins says she got an anonymous tip that a horse was struggling to stay alive and stand on all fours."I immediately got in my vehicle and drove out to see if I could see the horse. The horse of emaciated standing on three feet," Mullins said.Armed with a seizure warrant to temporarily take custody of the horse, Mullins transported the Tennessee Walker bred horse to an undisclosed location.

"Our first priority was getting that horse into some emergency medical treatment. Without it, it would not have made it," Mullins said.The horse is doing better now, but Mullins says the horse, known as "Sweat Pea" by her rescuers, has a long road to recovery.Mullins says the cut on the back leg makes it impossible for "Sweat Pea" to move around or even stand and had a sore on her eye.Since the sore is near such a sensitive place, Mullins says all she can do is keep the area clean until it heals on it's own. The horse's hooves were also damaged.

For Mullins, the whole ordeal has taken a toll."If the animal is actually suffering like this one is, don't stop until you get something. Just don't stop and look over it," Mullins said.Mullins says the entire community working together is the only way to stop something like this from happening.

Officials say the investigation remains open and there are no charges or arrests at this time.

References:

WKYT - June 29, 2008

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GIBSON COUNTY, KY MAY 2007

Plea deal accepted in horse neglect case

January 25, 2008

It was with a sense of resignation and frustration that a Gibson County judge accepted a plea deal in the case of a man accused of neglecting at least 50 horses on his property.
Gibson County Superior Court Judge Earl G. Penrod's ruling Thursday means that 66-year-old Richard Stallings will spend 12 months on probation, with 120 of those days to be served on home detention.

Stallings will not be allowed to have contact with animals during his sentence.
He told Penrod that he has already moved from a property where he was staying into an Evansville home to comply with that condition.

The two-hour sentencing hearing took place in a courtroom where almost every seat was filled.
Many in attendance said they have volunteered on Stallings' former property, which has been transformed into a permanent horse rescue and rehabilitation site, owned by Indiana Horse Rescue.

When Stallings was charged in May, his property became the site of what activists call the state's largest horse seizure. The case has led many to lobby legislators for tougher laws and penalties for such neglect cases.

'Based on reformation'

"I did mention to prosecutors that this seemed lenient to see no jail time in a case with so many counts, but I remind every one here what this is all about," Penrod said. "Our system is based on reformation, not vindictive justice."

Before announcing his ruling, Penrod spent more than 10 minutes explaining the inner workings of the justice system, the role of a judge and the thought process that ultimately led him to conclude the plea agreement was the best possible outcome.

Onlookers in the courtroom showed no reaction to Penrod's ruling.

Saying his office has received a lot of public feedback about the case, Gibson County Prosecutor Robert Krieg explained why he offered the plea agreement.

Krieg said he was willing to enter all of the convictions as misdemeanors because in the seven or eight most extreme cases originally charged as Class D felonies, the charges would have been hard to prove.

"I have heard rumors that Mr. Stallings beat an animal at least one time but I have no proof, and I cannot prosecute based on a rumor," he said.

Krieg also said many people have asked he restrict Stallings from ever having horses again, but that is impossible.

"I have no authority whatsoever to do that under the law," he said. "Certainly if I could I might have, but my hands are tied."

Defense attorney Michael Cochren asked Penrod to consider that Stallings had no prior record, has endured the public's anger, forfeited ownership of his property and pleaded guilty in the case.

Stallings said little during the hearing. It took Penrod nearly 20 minutes to read through every count, to which Stallings admitted his guilt each time by whispering "Yes sir."

Anthony Caldwell, president of the Animal Protection Coalition and Indiana Horse Rescue, testified during the hearing.

He said the case has drawn attention to the need for tougher legislation and drew public awareness far beyond the county.

"A substantial amount of people voiced their frustration over the plea agreement," he said.
"I fear that has overshadowed the good achieved in this case, and think their frustrations should be directed at state laws."

Calling the case the "perfect example of a case where nothing can be done to make everyone happy," Penrod said he hopes Stallings will be rehabilitated, and that others might learn from him.

"I hope that others are deterred by the light that has focused on this case," he said. "Animal neglect is not only a social issue, it is criminal."

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JESSAMINE COUNTY, KY MARCH 2008

Horses Found In Horrible Conditions

March 26, 2008

Animal control officers continued to remove horses Thursday from a farm in rural Jessamine County where 70 horses were found Wednesday. Officers say the horses were all starving and neglected.

Some of the horses were removed Wednesday, the rest were taken from the scene Thursday afternoon.

On Wednesday officials said, on a scale of one to ten with one being the worst, most of the horses would rank a 1.5. The owner faces 70 counts of animal cruelty and is expected in court next month. Authorities say two other people could also be charged in the case.

Animal Abuse Case Under Review:

Posted: 4:47 PM Jul 29, 2008

Last Updated: 4:47 PM Jul 29, 2008

A Jessamine County couple, charged with starving dozens of horses, had their case go back in front of a judge on Tuesday.

The judge reviewed the case of Sharon and Argo Clagett. Neither was present at the time, and no ruling was made public.

The couple is accused of abusing more than 70 horses on their farm.

The Claggets still have 25 horses they are allowed to keep but are subject to random checks by animal control officers.

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