Horse neglect
Sandpoint, ID (US)

Incident Date: Thursday, Aug 16, 2007
County: Bonner

Disposition: Dismissed

Person of Interest: Rebecca Renee Smith

An animal cruelty charge against a Bonner County woman was dismissed on Nov 7 after the state was unable to proceed because of unavailable witnesses.

A local veterinarian and sheriff's deputy were subpoenaed to testify at Rebecca Renee Smith's jury trial on the misdemeanor charge, but neither witness was able to take part in the proceedings.

As a result, the case was dismissed, court records indicate. Since the charge was a misdemeanor, it was dismissed with prejudice, which means it cannot be re-filed.

The dismissal comes about five weeks after Smith unsuccessfully challenged the seizure of six horses taken from her Clagstone Road home on Aug. 16. The state alleged the animals showed signs of emaciation and were kept in a paddock containing a rotting sheep carcass, trash and a burn pile which had jagged pieces of metal that posed a tripping hazard to the horses.Smith vigorously disputed the allegations during a forfeiture hearing in September, but Judge Barbara Buchanan upheld the seizures.

It's the second time the state has prevailed in forfeiture proceedings against Smith and the second time it's been unable to successfully prosecute her. Four allegedly malnourished and improperly sheltered horses were seized from Smith in January. She was charged with nine counts of animal cruelty, but Bonner County Deputy Public Defender Janet Whitney upended the state's case by showing a deputy neglected to obtain a search warrant for Smith's property.Denuded of vital evidence, the state abandoned its prosecution of Smith. Criminal proceedings began anew in August, after one of Smith's horses escaped and was found to be malnourished, touching off the second round of forfeiture proceedings. Court documents indicate Smith regained custody of at least one of the horses seized in the first case after it was sold at auction. The animal was among those seized last summer.

References

• Bonner County Bee - Nov 9, 2007

« More cases in Bonner County, ID

Not sure what these icons mean? Click here.

Note: Classifications and other fields should not be used to determine what specific charges the suspect is facing or was convicted of - they are for research and statistical purposes only. The case report and subsequent updates outline the specific charges. Charges referenced in the original case report may be modified throughout the course of the investigation or trial, so case updates, when available, should always be considered the most accurate reflection of charges.

For more information regarding classifications and usage of this database, please visit the database notes and disclaimer.