Attorneys/Judges
| Prosecutor(s): | John Werden | | Judge(s): | Joel Swanson |
Horse neglect - 28 seized
Glidden, IA (US)Incident Date: Thursday, Nov 13, 2008
County: Carroll
Disposition: Not Charged
Person of Interest: Tom Hall
Case Updates: 1 update(s) available
Authorities seized 28 horses and two dogs from a property in Carroll County, Iowa and the animals' owner is charged with animal neglect.
Authorities say the sheriff's office had received complaints from neighbors and passer-bys who expressed concern about the condition of the animals.
Tom Hall, their owner, was charged after the animals were taken from his property last thursday.
Records show 7 of the horses needed immediate care for a variety of injuries.
A hearing is slated for Nov. 26th.
Case UpdatesA Glidden man has been ordered to pay Carroll County nearly $17,000 to cover expenses associated with the rescue of horses and dogs two months ago.
The Sheriff's Office removed 28 horses from Tom Hall south of Glidden on Nov. 13 after examinations by veterinarians showed the animals required immediate treatment and weren't receiving proper care. Two collies were also removed.
The county brought legal action against Hall to recoup expenses.
A hearing on the county's rescue petition began in late November in Carroll County District Court, was continued to last week then postponed twice more.
Judge Joel Swanson filed an order Wednesday. It states that the rescue of threatened animals was done in accordance with state law, that Hall's livestock "were not provided with care consistent with customary animal husbandry practices" within the meaning of Iowa law and that the dogs had been confined without sufficient food or water.
The court also found that the animals were no longer in distress therefore their disposition should be ordered.
Hall had been required to post a $20,000 bond in order to delay the animal-rescue hearing.
County attorney John Werden filed a statement of damages stating that the county has incurred expenses of $16,629.80 and would probably incur more.
In his two-page order, Swanson cited legal precedent in stating that the power to seize and dispose of neglected animals is comparable to the state's traditional power to take action to abate a nuisance or protect public health. Therefore, Swanson continued, the state's disposal of the neglected animals falls within the class of property depravations that does not require compensation.
Swanson ordered the Clerk of Court to pay Carroll County $16,629.80 from Hall's posted bond and reserved jurisdiction to order payments for additional expenses.
The judge also placed custody of the horses and dogs with Hall's conservatorship, which is headed by his wife Theodora "Teddy" Hall, and ordered the animals to be placed with Charles Newman for proper care.
Swanson reserved jurisdiction to make further orders if necessary.
Hall has not been criminally charged in the case. | Source: Daily Times-Herald - Jan 8, 2009
Update posted on Jan 8, 2009 - 3:36PM |
References
« More cases in Carroll County, IA
|
