North Carolina: 11 horses seized (Marshall, Madison County)
Two mules were seized as well. In this case, the accompanying photos do not show healthy or even questionable weight but pretty clear malnourishment. Of course, we are only seeing a few of the 13 animals, most likely the worst examples, as showing animals in good winter weight doesn’t help the media or the authorities win over the public for seizing property without due process.
Madison man faces multiple felony charges [link]
Jonathan Austin | March 20, 2009Authorities seek animal cruelty warrants
A Madison County man is facing six counts of felony cruelty to animals after authorities seized 11 horses and two mules from his property.
Frank Roberts, 55, of U.S. 25-70, Marshall, was jailed Wednesday on one charge of felony cruelty to animals, Detective Jeff Neill of the Madison County Sheriff’s Department said. Additional charges were being filed Thursday.
Neill and animal control officers said three of the animals – two horses and one mule – will be euthanized “due to age, neglect and poor treatment.”
Authorities spent several hours Wednesday and Thursday bringing the horses and mules to the Madison County Animal Shelter. Many appeared malnourished, with their spines, ribs and hip bones visible beneath their matted hair.
During one seizure Thursday morning, an animal control officer was overheard telling a detective that he “knew for a fact” that the horse, a Morgan stallion, had been confined to a dark stall “for at least six months.”
The stallion was found in a stall on the ground floor of a two-story barn. The detective and animal control officers found the horse in a dark, two-section stall, one side of which held a foot of compressed horse manure and the other, six inches.
The animals seized Wednesday were found on a fenced parcel of hilly land on Windswept Ridge Road near Marshall. Neill and animal control officers say the horses were eating bark from trees for sustenance.
On Thursday, a tour of the land found grass eaten to the dirt and the sign of bark removed from the trunks of trees. Beneath a stand of pines were the bleached bones of a cow which animal control said died previously.
“We are familiar with Mr. Roberts and issues in the past with his having livestock,” Sheriff Ledford said.
Roberts also faces seven additional misdemeanor charges of cruelty to animals, Neill said.
Animal control records show that the agency had recently tried to negotiate the surrender of the animals, to no avail. Authorities said they moved to seize the horses and mules when they received a warning that the animals might be killed.
A search of Madison County court records showed Roberts has previously faced charges of animal cruelty, abandonment of an animal, and allowing livestock to run at large. The records note not guilty verdicts in the abandonment case, not guilty verdicts in the three cruelty to animals misdemeanor charges, and guilty verdicts for allowing livestock to run at large. He was already on the docket to face trial in April on one charge of second degree trespass and a charge of injury to real property.
Animal control will maintain the animals until the case is resolved. If Roberts is convicted, the animals will be signed over to the shelter, and then adopted out.Neill said Roberts is in custody in the Buncombe County Detention Center under $20,000 secured bond.
In the comments, already voices decry the euthanasia of any of these animals.
Personally, I support a humane end to suffering.
However, by law these animals should still belong to the accused. Remember “innocent until proven guilty,” anyone?
In my perfect world, at least two separate examinations by qualified individuals would have to take place to accurately determine the animals’ body condition. At this point, if the animal scores a 1 the owner should be given the chance to agree to the animal’s euthanasia.
A horse that scores a 1 is generally considered “emaciated” and internal organs and systems have begun to shut down. While many claim success at rehabilitating animals from this sorry state, there is no question in my mind that the long, slow process causes inevitable suffering to the animal. A dignified, humane end should be an option.
As always, I’d really like to hear from people with firsthand knowledge of this case, as I’m well aware the media accounts rarely portray a situation accurately.
PLEASE establish contact for the ‘rest of the story’, as the recently
deceased Paul Harvey would have said. What I have read in the
media is not only incomplete, but inaccurate. My animals were abused
only on the day of my arrest and afterwards, never before. This has
been very painful for me and the height of insult, since my animal care
has been a source of great pride.
Frank S. Roberts
North Carolina: 11 horses seized (Marshall, Madison County)
Two mules were seized as well. In this case, the accompanying photos do not show healthy or even questionable weight but pretty clear malnourishment. Of course, we are only seeing a few of the 13 animals, most likely the worst examples, as showing animals in good winter weight doesn’t help the media or the authorities win over the public for seizing property without due process.
Madison man faces multiple felony charges [link]
Jonathan Austin | March 20, 2009
Authorities seek animal cruelty warrants
A Madison County man is facing six counts of felony cruelty to animals after authorities seized 11 horses and two mules from his property.
Frank Roberts, 55, of U.S. 25-70, Marshall, was jailed Wednesday on one charge of felony cruelty to animals, Detective Jeff Neill of the Madison County Sheriff’s Department said. Additional charges were being filed Thursday.
Neill and animal control officers said three of the animals – two horses and one mule – will be euthanized “due to age, neglect and poor treatment.”
Authorities spent several hours Wednesday and Thursday bringing the horses and mules to the Madison County Animal Shelter. Many appeared malnourished, with their spines, ribs and hip bones visible beneath their matted hair.
During one seizure Thursday morning, an animal control officer was overheard telling a detective that he “knew for a fact” that the horse, a Morgan stallion, had been confined to a dark stall “for at least six months.”
The stallion was found in a stall on the ground floor of a two-story barn. The detective and animal control officers found the horse in a dark, two-section stall, one side of which held a foot of compressed horse manure and the other, six inches.
The animals seized Wednesday were found on a fenced parcel of hilly land on Windswept Ridge Road near Marshall. Neill and animal control officers say the horses were eating bark from trees for sustenance.
On Thursday, a tour of the land found grass eaten to the dirt and the sign of bark removed from the trunks of trees. Beneath a stand of pines were the bleached bones of a cow which animal control said died previously.
“We are familiar with Mr. Roberts and issues in the past with his having livestock,” Sheriff Ledford said.
Roberts also faces seven additional misdemeanor charges of cruelty to animals, Neill said.
Animal control records show that the agency had recently tried to negotiate the surrender of the animals, to no avail. Authorities said they moved to seize the horses and mules when they received a warning that the animals might be killed.
A search of Madison County court records showed Roberts has previously faced charges of animal cruelty, abandonment of an animal, and allowing livestock to run at large. The records note not guilty verdicts in the abandonment case, not guilty verdicts in the three cruelty to animals misdemeanor charges, and guilty verdicts for allowing livestock to run at large. He was already on the docket to face trial in April on one charge of second degree trespass and a charge of injury to real property.
Animal control will maintain the animals until the case is resolved. If Roberts is convicted, the animals will be signed over to the shelter, and then adopted out.
Neill said Roberts is in custody in the Buncombe County Detention Center under $20,000 secured bond.
In the comments, already voices decry the euthanasia of any of these animals.
Personally, I support a humane end to suffering.
However, by law these animals should still belong to the accused. Remember “innocent until proven guilty,” anyone?
In my perfect world, at least two separate examinations by qualified individuals would have to take place to accurately determine the animals’ body condition. At this point, if the animal scores a 1 the owner should be given the chance to agree to the animal’s euthanasia.
A horse that scores a 1 is generally considered “emaciated” and internal organs and systems have begun to shut down. While many claim success at rehabilitating animals from this sorry state, there is no question in my mind that the long, slow process causes inevitable suffering to the animal. A dignified, humane end should be an option.
please contact