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Case ID: 12998

Classification: Neglect / Abandonment

Animal: horse

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Case #12998 Rating: 3.0 out of 5

20 horses emaciated, 4 dead
Brimfield, OH (US)

Incident Date: Wednesday, Jan 9, 2008
County: Portage

Charges: Misdemeanor
Disposition: Convicted
Case Images: 2 files available

Defendant/Suspect: Diane Silbaugh

Case Updates: 4 update(s) available

Police arrested Diane Silbaugh, 55, and charged her with nine second-degree misdemeanor counts of animal cruelty stemming from a Jan. 9, 2008 incident involving several "emaciated" horses at an Old Forge Road farm.

Five horses were found dead by police at the horse ranch -- three of which were found partially buried at the 23-acre property.
According to called Brimfield Police Chief David Blough, Silbaugh lives at and leases the farm, called the "Never Rest Ranch."

Four of 20 horses had to be removed from the horse boarding facility because of malnutrition. After four days, another horse died of malnutrition, bringing the count to six dead horses.

Silbaugh was charged with one count of animal cruelty for each horse found dead or neglected. "I've been on a lot of crime scenes, and this one represented suffering to me," Blough said. "There were bones protruding on the horses that were still living."

Before charges could be filed, the Portage Animal Protective League and a veterinarian were called to the scene to assess the medical condition of the horses, he added. In suspected animal cruelty cases, the humane officer has the power to file charges against the owner and serve a search warrant to have the animals removed from the property. Blough said he worked with the PAPL and the Portage County Prosecutor's Office to file the appropriate charges.

"There was a flood of public outcry," Blough said, adding that Silbaugh was arrested at the farm without incident. "We moved as quickly as we could."

Case Updates

The Portage County woman who starved horses was sentenced Wednesday afternoon in Common Pleas Court to six months in jail and five years of probation, during which time she cannot own or board horses.

Diane Silbaugh, 55, also has to perform 100 hours of community service.

She pleaded guilty last week to cruelty to animals, grand theft and forgery, for falsifying documents to show she owned a horse that belonged to someone else.

She could have been sentenced to up to 18 months in prison for the theft and 12 months for forgery. Each of the 10 counts of cruelty carried a maximum penalty of 90 days in jail.

Silbaugh has been convicted twice before of cruelty to animals, in Medina and Cuyahoga Falls.

A group of animal advocates and horse lovers showed up in court to watch the sentencing.

More than 20 debilitated horses were taken from her since Jan. 9, when an anonymous caller sent Brimfield Township police to her Never Rest Ranch on Old Forge Road.

Chief David Blough said there were five dead horses in a pasture and four more close to death, which were confiscated. One of confiscated horses died within days.

Tests showed they died of starvation and at least one died of salmonella poisoning from moldy food, Happy Trails Farm Animal Sanctuary founder Annette Fisher said.
police photoBrimfield Township police found five dead horses at the Never Rest Ranch.

On March 3, Judge John J. Plough forced Silbaugh to surrender more horses to the county Animal Protective League and the farm sanctuary, after a sixth horse in her care died.

Source: Cleveland Plain Dealer - March 27, 2008
Update posted on Mar 27, 2008 - 1:25PM

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A Brimfield woman pleaded guilty this morning to 12 criminal charges, including two felonies, related to the deaths and mistreatment of horses at her Old Forge Road ranch.

Diane Silbaugh, 55, of 344 Old Forge Road, also known as the "Never Rest Ranch," pleaded guilty to one count each of theft, a fourth-degree felony; fraud, a fifth-degree felony; and 10 counts of cruelty to animals, all second-degree misdemeanors, in Portage County Common Pleas Court.

Seven of the cruelty to animal counts related to animals that died while under Silbaugh's care.

Five horses were found dead on Silbaugh's property in January, and another five horses were removed from the ranch in late February after a surprise inspection by Brimfield police. At that time, Silbaugh was jailed for violating the terms of her bond release, which said she was not to be caring for any horses.

The grand theft and forgery charges are in connection with a horse owned by Bill and Kelly Vincent that prosecutors said Silbaugh "exerted control over" without the owners' permission and forged a document.

A total of 20 horses were ordered removed from the property at 344 Old Forge Road by Portage County Municipal Court Judge John Plough and put under the care of the Portage Animal Protective League.

Source: Record Publishing - March 18, 2008
Update posted on Mar 18, 2008 - 5:09PM

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Diane Silbaugh, the operator of a horse boarding stable in Brimfield, was jailed Wednesday [Feb 27, 2008] after Judge John Plough revoked her bond.

The Portage County Prosecutor's Office said Silbaugh, 55, of 344 Old Forge Road, violated the terms of her $100,000 10-percent bond by having five horses in her care at the Never Rest Ranch on Old Forge Road.

A motion to revoke Silbaugh's bond was filed by prosecutors and acted on at a pretrial hearing on Wednesday.

Brimfield Police Chief David Blough said Thursday the five horses were removed by police and the county humane officer.

Silbaugh was charged with nine misdemeanor animal abuse in January when authorities said they found five dead horses and a number of others in poor condition at the boarding facility. A tenth count was added in mid-February when another horse died at the facility. An autopsy determined the horse was malnourished and had salmonella.

As a condition of bond while those charges are pending, Plough said Silbaugh was to not care for any horses on the property or anywhere else.

On Feb. 26, Brimfield police visited the stable and confirmed there were five horses on the property. At the time of the visit, police said the horses did not have food and water.

The prosecutor said authorities believe the horses at the stable were ones previously that had been taken off and hidden by Silbaugh.

Blough said the owners of the five horses could be facing criminal charges for returning the animals to Never Rest Ranch, and Silbaugh also could face additional charges.

Additionally, the prosecutor said Silbaugh has a Web site claiming that horses were stolen from her. On the same site Silbaugh is offering horses for sale and other services.

Assistant Prosecutor Kim Quinn said the site and its offers are violations of bond conditions.

Tom Silbaugh, Diane's husband, told Brimfield Police he is the owner of a number of the horses now in the custody of the Portage Animal Protective League.

Quinn said that his name does not appear in a list of owners provided earlier by Diane Silbaugh.

Quinn said authorities are having difficulty sorting out ownership of the horses because numerous "owners," including Silbaugh's husband and friends, have come forward and are claiming the same animals.

Source: Record-Courier - Feb 29, 2008
Update posted on Mar 7, 2008 - 11:40AM

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A township woman is facing a 10th charge of animal cruelty after another dead horse was found on the "Never Rest Ranch."

Diane Silbaugh, 55, of Old Forge Road, was appearing in court for a pre-trial hearing for charges stemming from a Jan. 9 incident involving several "emaciated" horses removed from the ranch. Five horses were found dead by police at the horse ranch, three of which had been partially buried on the 23-acre property.

Four horses believed to be in peril were removed from the property at that time, and one of those horses subsequently died, Police Chief David Blough said. The other horses were allowed to remain on the property, and Judge John Plough made it a condition of Silbaugh's bail that police and Portage Animal Protective League officials could do a surprise inspection at any time.

When a surprise inspection was conducted, a horse was found dead in one of the stalls. Silbaugh said the horse had died earlier that day after hitting its head while having some sort of seizure.

The horse's remains were sent to The Ohio State University College of Veterinary Medicine for an autopsy.

"It showed that the horse was malnourished and had salmonella, which could have been a result of bad food," Blough said. "There was zero head trauma."

Police discovered that Silbaugh was in the Portage County Municipal Court in Kent, and arrested her there without incident. Plough also granted a request from police and the PAPL for all horses to be removed from the property.

"The judge ruled that she could no longer have any horses anywhere," Blough said.

A total of 20 horses were removed and put in foster homes by Happy Trails Animal Sanctuary, which put the horses in foster care until ownership could be established. The horses were showing "no immediate signs of distress" but all will be evaluated by a veterinarian.

Owners of the horses boarded on the farm should contact the Brimfield Police Department.

Silbaugh is free after posting 10 percent of a $25,000 set by Plough.

"It's just thoroughly disgusting," Blough said. "You would think that if you were charged with nine counts of animal cruelty, you'd be extremely cautious. It's careless, to say the least."

Source: recordpub.com - Feb 12, 2008
Update posted on Feb 12, 2008 - 12:32PM

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20 horses emaciated, 4 deadBrimfield, OH (US)

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20 horses emaciated, 4 dead
Brimfield, OH (US)