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Case #13484 Rating: 3.5 out of 5
Failure to provide vet care for sick horse
Mart, TX (US)Incident Date: Monday, Feb 20, 2006
County: McLennan
Charges: Misdemeanor
Disposition: Convicted
Case Images: 1 files available
Defendant/Suspect: Melissa Matus
A McLennan County woman whose daughter begged her not to euthanize her 27-year-old fatally ill pet horse was convicted Tuesday [March 25, 2008] on misdemeanor animal cruelty charges.
A jury of five women and one man deliberated less than 15 minutes before finding Melissa Matus guilty of the Class A misdemeanor charge of failing to provide necessary care for her daughter's horse, Paint.
McLennan County Court-at-Law Judge Mike Freeman placed the 44-year-old Matus on probation for 18 months, ordered her to pay a $500 fine, perform 80 hours of community service and pay $310 in restitution to Dr. Ronnie Edwards, a veterinarian who assessed the animal and euthanized it in February 2006 when police seized it after getting an animal cruelty complaint.
Matus, who lives on Battle Lake Road between Mart and Riesel, told jurors she knew her horse was sick, probably with Cushing's disease, but said she did what she could to care for the animal, short of taking it to a veterinarian.
Cushing's disease, which is caused by a tumor on the pituitary gland, is incurable but can be treated, Evelyn Bench, a member of the horse rescue group Habitat for Horses, testified Monday.
Bench told jurors she was called to investigate the welfare of a palomino quarter horse also owned by Matus in 2004. She said the 31-year-old horse was skin and bones, adding that Matus agreed to let her adopt the horse and to try to nurse it back to health, which she did.
While she was at Matus' property, Bench noticed the little sickly paint horse but didn't say anything to Matus about it, she said. The thin horse had long, wiry hair, was listless, hung its head and obviously was sick, she said.
Waco police officer Donnie Morgan, who is trained to investigate animal welfare complaints, especially in horses, told jurors he seized Paint from Matus' property after determining the horse was not being treated properly.
Assistant District Attorney Robert Callahan, who prosecuted the case with Patrick Brady, said he was pleased with the jury's verdict.
"It is just important that she understands that there are expectations for how we care for our animals," Callahan said. "I'm glad the jury understands those expectations, too."
Matus' attorney, Guy Cox, said he respects the jury's decision.
"I think Judge Freeman was fair in his assessment of punishment by giving her probation," Cox said. "I think my client will successfully complete probation."
Matus, who still owns and cares for three horses, told jurors she was doing what she thought was best for the horse. She said she could have put the horse down after his condition worsened but her daughter pleaded with her not to because it had been like a family pet.
"This lady loved this horse," Cox said in summations. "She kept this horse. She kept it for one of the most important people in her life, her daughter. It would have killed her to mistreat that horse."
Urging jurors to convict Matus, Callahan quoted St. Francis of Assisi, the patron saint of animals, in his summations, saying, "If you have men who will exclude any of God's creatures from the shelter of compassion and pity, you will have men who will deal likewise with their fellow men." References« TX State Animal Cruelty Map
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