 Horse neglect
Wellington, OH (US)Incident Date: Sunday, Mar 31, 2002
County: Lorain
Local Map: available
Disposition: Convicted
Abuser/Suspect: Gail Schuenemann
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After deliberating for 90 minutes, a two-man, six-woman jury found Gail Schuenemann guilty of one count of cruelty to animals for neglecting two horses officials said were starved. Juror Duane Dixon of Oberlin said the verdict was "a no brainer, right from the start."
"First, the condition of the animals," Dixon said. "Then, verification from her own witness, Dr. (William) Fox, that Hawk (one of the horses) had nothing wrong with him when he first arrived there, or he would have noted it."
Dixon said defense witness Ray Leiby Sr., who owned one of the two horses being boarded at the property, also hurt the defense.
"He said Hawk declined drastically from when he first came in," Dixon said. "Obviously there was neglect. I kept waiting throughout the trial thinking that when the defense had a chance to present its case, everything will look better, but it never happened."
Schuenemann, 24, allowed friend Ray Leiby Jr. to board Hawk in her Wellington barn between May 2001 and October 2001. The horse remained on her property but was put out to pasture along with another horse, Lady, owned by Leiby's parents, Ray and Susan Leiby.
Lady first was taken to the property in August 2001. Both horses remained there until they were seized by Erie Shores Humane Society in April 2002.
The Leibys agreed to pay for keeping the horses on the property but never did, according to their testimony.
Schuenemann said she paid for feed for the horses with her own money.
Three veterinarians testified that Hawk and Lady looked "very thin" in photographs from April 2002, especially Lady, a 26-year-old Arabian Morgan. Lady was 400 to 500 pounds underweight when she was seized, veterinarian Dr. William Spreng said during testimony. Hawk, a 9-year-old quarter horse gelding, was about 250 pounds underweight, Spreng said.
Humane officer Mitch Witherell said the verdict provided justice to Lady and Hawk.
"I'm very proud of Lorain County residents and how they finally had the courage to stand up and say we are no longer going to tolerate any animal abuse or neglect," he said. "I think Lady and Hawk spoke today."
Schuenemann declined to comment following the verdict. She faces a maximum penalty of 90 days in jail and a $750 fine.
Special prosecutor J. Jeffrey Holland of Holland and Muirden law firm said he will consult with investigators before recommending a sentence, but he would like to see Schuenemann put on probation.
Holland said he had not made a decision on whether he would request jail time for Schuenemann. "The most important issue is that she learn and be held accountable," he said. However, Witherell would like to see Schuenemann serve three days in jail, he said.
"Serving three days will prove that you will be held accountable for any cruelty to an animal soul," Witherell said.
Oberlin Municipal Court Judge Thomas Januzzi dismissed animal cruelty charges against Schuenemann, her fiancee, Justin Yates, and Ray and Susan Leiby, in October 2002.
Oberlin City Prosecutor James Walsh asked that the first set of charges be dropped because he said it would be difficult to prove to a jury that the animals had been starved.
Witherell signed charges against Schuenemann again after the initial charges were dropped.
The Humane Society hired Holland, an experienced animal law attorney, as special prosecutor for the case. State law allows humane societies to hire attorneys to prosecute animal cruelty cases.
The Leibys regained custody of the animals after the charges were dismissed. They retrieved the horses Nov. 12, 2002, and sold them for $1 to a Huron County resident.
Schuenemann will be sentenced May 30 Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
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