| (March 28, 2007) - On Wednesday, March 28, 2007, two court cases in Sampson County were won! One was successfully negotiated and the owner is to take responsibility for the neglect of the horse and one dog next month. The horse (pictured above) was given custody to the USERL. He has completed his rehabilitation and upon a training evaluation, will be up for adoption.
In the second case, the owner of 7 horses (5 surrendered last fall and 2 seized in January this year) was found guilty of all 8 counts of animal cruelty charges and received 2 years probation (1 year supervised), pay court costs and $500 fine, must submit to warrantless searches and cannot own animals for 2 years. The two seized horses were awarded to USERL. All 7 horses will be available for adoption later this year, as most are still in rehabilitation.
As many of you know, USERL advised Sampson County of the use of the new animal cruelty statute (19A-70) that allows a petition of bond ($) from the owner to be filed for care of the seized animals during litigation. The county filed the petition for the two horses seized January 9, 2007. However, several days prior, the owner of the horses was admitted into a 28-day drug rehabilitation center. Due to his inability to pay until discharged, the bond was unable to be effective until the last court day (5 days after his release), in which he declined to pay. Therefore, since the court trial was occurring that day and, if won, the Judge would award ownership of the horses, the county and USERL declined to follow through with the petition and unanimously decided to void it.
This new NC General Statute (19A-70) activated on December 1, 2006. It has been successfully used to remove the financial burden of caring for dogs used for fighting in 2006, and can now be used with any animals seized under Gen. Stat._14-360 or 19A-46. Under this statute, a petition for bond can be submitted asking the court to order a reasonable amount of funds be deposited by the owner to the Clerk of Court for the care of the animals during litigation of the case. If ordered by a judge, failure to pay the bond within 5 days results in the owners' forfeiture of ownership of the animals. Payment of the bond goes toward care of the seized animals until litigation is resolved (must be renewed every 30 days). This statute removes the financial burden of caring for seized animals during long litigations, giving counties leverage when contemplating costly seizures (and every horse seizure is costly regardless of the number of horses).
USERL Investigators have been working with Sampson County Animal Control officials since the fall of last year on several horse neglect cases in the county, and has been advising on the use of this law for this case. This case possibly marks the first attempt to use this law for horses! And although it could not be followed through with this case, it was a great learning tool that will benefit all horse cases hereafter.
USERL would like to thank Sampson County Animal Control and the County District Attorneys Office for their diligence in this case and the welfare of these horses. They did a great job during a long court day, and it was well worth it!
Please see the Triangle Region's website for updated pictures showing how well the horses are doing during rehabilitation.
|
