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Case #11535 Rating: 3.1 out of 5
Malnourished farm animals, 6 horses seized
Calhan, CO (US)Incident Date: Thursday, May 31, 2007
County: El Paso
Charges: Misdemeanor, Felony CTA
Disposition: Convicted
Defendants/Suspects:
» Gina Johnston
» Marcus Johnston - Alleged
Case Updates: 3 update(s) available
On May 31, 2007, the Sheriff's Office Investigations Division received an anonymous report of animal neglect at 1675 S. Calhan Highway, Calhan. Deputies responded to the address in an attempt to contact the property owner and check the welfare of the animals. Upon their arrival, deputies were unable to contact anyone at the residence and unable to gain access to the property. Deputies did observe some of the animals on the property and could visually confirm that they appeared to be thin and possibly malnourished.
On June 1, 2007, Sheriff's Office investigators obtained a search warrant for the property to allow them access to more thoroughly observe the animals. Deputies found 13 horses, 1 mule, and 1 llama on the property. Six of the horses appeared malnourished and were seized. They will be left in the care of a local veterinarian, where they will be boarded, fed and medically cared for until they regain their health. A neighbor agreed to help feed and care for the remaining animals left on the property. Members of the Sheriff's Office will continue to check on the welfare of those animals over the next several weeks.
The owners of the animals were identified as Gina Johnston, 33, of Calhan and her husband Marcus Johnston, 43, of Calhan. Gina Johnston was found to have a previous conviction for Animal Cruelty and is the suspect in a pending Animal Cruelty investigation. Four horses were seized from her property in 2004 and nineteen horses were seized in July of 2006. Due to the previous offenses, Gina Johnston was arrested and charged with Felony Animal Cruelty. She was booked into the Criminal Justice Center on a $1000 bond. Marcus Johnston was charged with misdemeanor Animal Cruelty and released after being issued a summons.
Gina Johnston was in court Wednesday for an advisement hearing.
The District Attorney's Office will determine whether further charges will filed at her next court appearance June 19th. She's now free on $1,000 bond.
Case UpdatesA Calhan woman has been sentenced for 24 counts of aggravated cruelty to animals. Gina Johnston will serve five years of supervised probation, and six months in county jail followed by three months of in-home detention.
Johnston, who has a previous Cruelty to Animals conviction in 2004, was found guilty of not providing enough food and water for 19 horses in July of 2006, and six horses in June, 2007. The horses ranged from 50 to 175 pounds underweight. Several of the horses also suffered from lack of dental, hoof and grooming care.
In addition to her probation and jail-time, Johnston has to pay a $1,000 fine, take anger management classes, and individual counseling. Further, she cannot own an animal that weighs more than 150 pounds. | Source: KKTV - July 11, 2008
Update posted on Jul 11, 2008 - 7:44PM |
A Calhan woman was convicted Friday of 24 felony counts of animal abuse for not properly caring for horses she owned and boarded for others.
Gina Johnston, 34, faces up to 18 months in prison for each conviction.
During the almost-two week trial, jurors heard evidence that many of the horses were more than 100 pounds underweight. Jurors saw pictures of the horses, ribs clearly visible, and heard from veterinarians who said the horses were malnourished.
"Pure and simple, these horses were not fed," said Deputy District Attorney Shannon Gerhart during closing arguments Thursday.
Johnston took the stand in her defense and brought experts to testify that the water at her ranch, 1675 S. Calhan Highway, was toxic. Those experts testified elevated fluoride and nitrate levels could cause horses to appear malnourished.
"They were not neglected and not mistreated," said Johnston's attorney, Richard Bednarski. "There were factors outside of Gina Johnston's hands - water."
Johnston was convicted of cruelty to animals in 2004 after four horses were seized. In 2006, 19 horses were seized from Johnston's care and six more emaciated horses were taken in 2007.
She cared for up to 30 horses at a time on her 35-acre ranch, Gerhart told jurors.
Pikes Peak Humane Society workers testified there was no food for the horses when they came in 2007.
"Water problems still never account for no food on the property," Gerhart said, urging jurors to "be a voice" for the abused horses.
Johnston remains free on bail until her sentencing, scheduled for June 4. | Source: Colorado Springs Gazette - March 21, 2008
Update posted on Mar 21, 2008 - 9:26PM |
Six horses were placed in a foster home Friday after being seized from a Calhan property where they had been found emaciated.
Gina Johnston, 33, who owned the horses found at her 1675 S. Calhan Highway home, was arrested in June on suspicion of animal cruelty. Four horses were seized from her property in 2004 and 19 horses were seized last year.
Johnston is scheduled to appear in court July 17. Because of her previous offenses, she could face a felony charge, 18 months in prison and a $100,000 fine.
Her husband, Marcus Johnston, was cited on suspicion of misdemeanor animal cruelty and released.
The animals were placed in a Dreampower Animal Rescue foster care Friday, the first time the authorities have placed animals with the nonprofit, said Lt. Clif Northam, El Paso County Sheriff's Office spokesman. Dreampower provides temporary homes to animals in need.
Horses seized from another property earlier this year by the sheriff's office were auctioned, and two were sold to a slaughterhouse.
"Once they're sold at an auction, we have no control over where they go," Northam said. "Dreampower is very good at making sure they get good homes."
Deputies found 13 horses, one mule and one llama on the Johnstons' property. The six horses were held in Ellicott until they were transferred to a Dreampower home Friday.
A 10-year-old mare is due to deliver a foal soon. The other horses are between 3 and 5 years old, and three of the horses' growth was stunted because of malnutrition.
The horses are the property of Dreampower and will be put up for adoption.
Coordinator Melissa Harrow expects to hold the horses at her home until the end of the summer.
"It's a shame," Harrow said of the mistreatment. "You don't have 10 kids if you can only afford one."
More than 12,000 animals have been placed in homes since Dreampower was founded in 1990.
Because the organization is nonprofit, Harrow is looking for food or cash donations.
"You have to watch horses like a hawk, like you watch how your grandfather eats," she said.
"It's a nice feeling when they'll leave here, fat and in a good home." | Source: Gazette.Com - July 7, 2007
Update posted on Jul 17, 2007 - 1:25PM |
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