Case Details
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Case ID: 13541
Classification: Hoarding
Animal: horse
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Case #13541 Rating: 3.5 out of 5



39 horses seized from farm
Myers Flat, CA (US)

Incident Date: Tuesday, Apr 1, 2008
County: Humboldt

Disposition: Convicted

Defendant/Suspect: Elsie Smith

Case Updates: 3 update(s) available

Officials seized 39 horses from a small farm in Miranda Tuesday in what was described as the largest horse rescue operation in recent memory.

"I've seen worse horses, but I don't know that I've seen living conditions for horses as bad," said Humboldt County Sheriff's Office Sgt. Phil Buihner. "The main thing we've had is cats, dogs and exotic animals -- this is the largest seizure I've ever known."

Lt. Steve Knight concurred. "I don't think the county ever seized that many, to my knowledge."

Humboldt County Sheriff's livestock deputies and animal control officers responded to the residence on the 1900 block of Elk Creek Road at 8 a.m. Tuesday in response to a report of neglected horses.

The horses included studs, mares and colts, and many were reportedly standing knee-deep in manure, had lice, matted coats, deformed hooves and signs of infection on their hooves. They also were said to be malnourished.

Veterinarians were called and a search warrant was obtained. The veterinarians concurred with the officers' assessment that the horses were "in serious distress from neglect of care," and all were seized.

The horses were taken to the Humboldt County Fairgrounds in Ferndale, the sheriff's farm and the Fortuna Rodeo Grounds.

The couple that owns the horses was home at the time officers arrived, but was not arrested. A felony criminal complaint of animal cruelty is being forwarded to the Humboldt County District Attorney's Office for their evaluation, officials said. The owners' names haven't been released to the public.

"I don't think it's willful neglect, but there were things they should have been doing that weren't done," Buihner said. "Some of these horses are in bad shape."

Officers described the scene as a "hoarding situation," and after speaking with the owners "it sounds like they didn't realize the seriousness of the situation," said Sheriff's Deputy Todd Fulton.

The animals' ages range from less than two weeks old to more 20 years, he said.

All have lice, worms, are malnourished and many need their hooves removed, officials said. There are questions as to whether two horses will survive, Buihner said, but a veterinarian will visit them and others Friday to recommend treatment regimens.

Law enforcement visited the residence 10 years ago under similar circumstances, Knight said, and got the number of horses down to about seven. Dogs were at the residence Tuesday, he said, but were in good health, according to animal control officers.

The owners have a right to make a claim on the animals, and they've showed interest in having them returned, Buihner said.

However, if a determination is made through the court system to turn the animals over to the county, they'll likely be adopted through the local nonprofit organization Heart of the Redwoods Horse Rescue, said Lt. Steve Knight.

"It will be up to the courts to determine what happens with these horses," he said.

A criminal case is being put together and will be forwarded to the District Attorney's Office late this week or early next week, Buihner said.

Donations from individuals and businesses were coming into the horse rescue organization Wednesday, co-founder Sara Isaacson said. "That's going to be a long-term thing for the horses, their hooves are so bad," she said.

The worst-off horses seemed to be at the Fortuna Rodeo Grounds, where most were covered in clumps of dirt that hung to their hair.

"They were in a pen -- I can't even describe how small it was," Buihner said. He estimated nine horses were in an area about 75 feet by 80 feet.

Knight said it has been a busy few weeks at the Animal Shelter, with the remaining exotic reptiles from a previous rescue being adopted out last week. "We're just happy to get the reptiles new homes. Now we've got another challenge -- a little bigger challenge this time."

Heart of the Redwoods Horse Rescue has set up an account for public donations at Umpqua Bank and Coast Central Credit Union, or checks can be mailed to P.O. Box 226, Cutten, CA 95534.

To contact Heart of the Redwoods Horse Rescue, call 496-4663 or visit www.redwoodrescue.org.


Case Updates

Ten horses seized in a California abuse case have been released to go to new homes now that their former owner pleaded no contest to the charges against her.

"We will either auction the horses or sell them to a third party who already has some of the other horses involved in this case," said Lt. Steve Knight of the Humboldt County Sheriff's Office. "Right now, we're weighing the options."

The horses were released on Wednesday when Elsie Smith pleaded no contest to one count of animal neglect. Under a plea agreement, Smith avoided jail time, but was sentenced to three years probation. She cannot own horses during that time. Smith was also ordered to pay for the horses' care since their seizure.

Humboldt County authorities seized a total of 40 horses from Smith's property on April 1. Of those 24 were sold at auction, three were returned to a former owner, two were euthanized, and one was sold to a private party.
Source: The Horse Magazine - May 30, 2008
Update posted on May 30, 2008 - 1:58PM 
While their former owner faces animal neglect charges, most of the 40 horses seized from a Humboldt County, Calif., ranch are thriving, according to Sara Isaacson of Heart of the Redwoods Horse Rescue.

"They've turned the corner," said Isaacson, who has been the horses' caretaker. "They're gaining weight and getting lots of attention."

Acting on a tip that the 40 horses were malnourished, standing in filth, and in need of veterinary care, authorities removed the animals from a ranch owned by Elsie Smith of Myers Flat, Calif., on April 1.

"Of the 40 horses seized, three were returned to their owners, and two had to be euthanized," said Animal Control Officer Andre Hale. Smith declined to give up ownership of 11 of the horses in Animal Control custody.

During her arraignment, Smith pleaded not guilty to one count of neglecting 40 horses, and one count of obstructing a peace officer for attempting to hide one horse from authorities.

Each charge carries a penalty of up to one year in jail, and forfeiture of the 11 horses still owned by Smith, said Assistant District Attorney, Wes Keat.

Smith's attorney Neal Sanders was unavailable for comment on the case.

A pre-trial hearing for the case is slated for May 7.

Meanwhile, the 24 horses Smith relinquished will be sold at sealed bid auction in May.
Source: The Horse Magazine - April 29, 2008
Update posted on May 1, 2008 - 12:32AM 
Days after the seizure of 40 horses from a Myers Flat farm, animal cruelty and related charges against the owner have been forwarded to the Humboldt County District Attorney's Office.

The Sheriff's Office Animal Control Division is asking for a complaint of animal cruelty, failure to provide proper care or shelter and obstructing a peace officer to be filed against 68-year-old Elsie Smith.

Calls to Smith's attorney, Neal Sanders, were not returned by deadline. Reached at her home, Smith declined a request for an interview last week.

On April 1, 39 horses, including studs, mares and colts, were seized from her residence in response to a report alleging horse neglect. Another horse that officials said Smith reportedly hid during the seizure was taken from the property three days later.

The seized horses were reportedly standing knee-deep in manure and mud, had lice, matted coats, deformed hooves, signs of infected hooves and were said to be malnourished.

The charge of obstructing a peace officer stems from Smith reportedly hiding the remaining horse on her residence, Humboldt County Sheriff's Office spokeswoman Brenda Godsey said.

The district attorney's office will now determine whether to pursue the charges, and if so, how many counts of each charge. A call to District Attorney Paul Gallegos seeking comment wasn't immediately returned.

The seizure was determined lawful Tuesday at an administrative hearing, meaning Smith can now be held financially liable for all costs relating to the care and custody of the 40 horses since their seizure, officials said.

When Sheriff's Office animal control officers visited Smith's Elk Creek Road home on Friday to seize the remaining horse, she agreed to sign 25 over to the county, Lt. Steve Knight said in a prior interview. She signed another five over to the county Tuesday afternoon, bringing the total to 30, he said.

Most horses are being housed at the Humboldt County Fairgrounds, Fortuna Rodeo grounds and the Sheriff's Office farm in Rohnerville.

Before the horses go up for "adoption," the district attorney's office and the judge who signed the search warrant must agree they're not needed as evidence, Knight said.

For now, the local nonprofit organization Heart of the Redwoods Horse Rescue is providing help by means of volunteers who are caring the horses, cleaning stalls and feeding and watering the horses. The group has also secured donations from businesses and individuals, including hay and light fixtures and electricity for the stalls.

To reach Heart of the Redwoods Horse Rescue, call 496-4663.
Source: Times-Standard - April 10, 2008
Update posted on Apr 10, 2008 - 2:14PM 

References

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