Attorneys/Judges
| Prosecutor(s): | David Yoder | | Defense(s): | Jim Lawing | | Judge(s): | Richard Walker, Carl Anderson |
CONVICTED: Was justice served?
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Case #15096 Rating: 5.0 out of 5
Horses starved
Newton, KS (US)Incident Date: Thursday, Oct 11, 2007
County: Harvey
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: R.J. Bowling
Case Updates: 1 update(s) available
A woman accused of starving 12 horses in Harvey County has entered into a plea agreement on three counts of misdemeanor cruelty to animals, said David Yoder, Harvey County attorney.
R.J. Bowling agreed to plea to the charges Dec. 12, 2008 during a new procedure never used in Harvey County criminal court - a criminal settlement conference.
The settlement conference long has been used in civil cases but never in the Ninth Judicial District in a criminal case.
The idea was brought to the court by Judge Richard Walker. He had discussed the use of the technique with judges who were using the process in the Kansas City area during a recent judicial conference.
In a criminal settlement conference, the judge who is assigned to the case gives the case to a second impartial judge. In this case, it was Judge Carl Anderson.
That judge sits down separately with the prosecutor and the defendant. The judge hears both sides and weighs the facts in the case.
In this case, the negotiations ended in a plea agreement.
Bowling originally was charged with 13 counts of misdemeanor animal cruelty. All but three of those charges were dropped, Yoder said.
Charges against Bowling's husband, Charles, also were dropped, Yoder said.
Local horse enthusiasts concerns about Bowling's care of her 12 horses in 2007.
They produced pictures of the horses appearing emaciated.
One horse in Bowling's care had to be euthanized.
Unlike felony animal cruelty charges, there is no mandatory jail time for misdemeanor animal cruelty.
What sentence and any stipulations of that sentence Bowling would receive will be up to Judge Walker, Yoder said, including if Bowling would be able to continue to care for horses.
Yoder said he did not want to discuss what his sentencing recommendations would be in case.
Sentencing is set for 2 p.m. Feb. 17.
Case UpdatesHarvey County Judge Richard Walker wanted to make sure a Newton woman accused of abusing 12 horses does not do it again.
To that end, Walker imposed a detailed set of conditions on R.J. Bowling's probation when she was sentenced Feb. 25.
A transcript from that hearing was released Thursday.
Bowling, also known as Robee J. Worrell, was charged with 14 counts of misdemeanor cruelty to animals for allegedly neglecting horses in her care.
Local horse enthusiasts produced photos of the horses appearing emaciated, and one horse under her care had to be euthanised.
Per a plea agreement, all but three of those charges were dropped. Bowling pleaded to the remaining charges.
Charges against her husband, Charles, also were dropped.
Bowling could have faced up to a year in jail on each charge, but Walker sentenced her to 180 days in jail, suspended the sentence and granted an immediate one-year probation.
County Attorney David Yoder and some of the local horse enthusiasts urged the court to force Bowling to sell her horses.
However, Walker chose not to do that.
Yoder said Walker chose to focus on prevention rather than punishment.
"The judge made a detailed decision," Yoder said. "It took a good deal of time for him to explain his rationale and his purposes for rendering his decision."
Walker stipulated as conditions of her probation, Bowling could not buy more horses while she is on probation and could not be the primary day-to-day caretaker of the horses she owns.
She also was assigned to perform 40 hours of community service.
However, Walker said during the sentencing he nor the court will have control over Bowling's behavior after her probation expires.
"I mean Ms. Bowling could own 100 horses, 500. She could once I am done with the case. (When) I am done with the case and my probation expires, the authority of the court expires," Walker said according to a transcript from the sentencing.
Walker added further stipulations, to ensure Bowling would not harm animals again.
"So what I have chosen to do is to try to emphasize those things which I believe are most likely to ensure that this kind of situation does not happen again ..." Walker said at the sentencing.
Bowling was ordered to write a three- to five-page book report on a book entitled "The Soul of a Horse: Life Lessons from the Herd" by Joe Camp and submit it to the court.
He also ordered her to, within the next six months, take an equine-care course and obtain a written statement from a veterinarian stating she is knowledgeable in equine care.
Walker said in his 25 years on the bench, this case was one of the most emotional he had ever presided over.
Bowling's attorney, Jim Lawing, described the case as a "witch hunt" in court.
Supporters of the horses, including Harvey County resident Mona Abney, said they were concerned about the continued well-being of the horses.
But Abney said she thought the judge had taken an inventive approach to Bowling's sentencing.
"The judge is trying to educate her. Like he said, we could all benefit from things like this," Abney said, referring to the book report and class Bowling will be required to complete.
Although Bowling was unable to be reached for comment, her attorney said he thought Walker had been fair in his sentence.
"I think the judge recognized the horses are in good health and are all prospering. I think he realized there was not any reason to deprive her of her horses," Lawing said. "... I think he was imaginative."
Walker made no apologies for his decision.
In his final statements during the sentencing he said, "Folks, you can look at this and say this is the most incredibly amateurish approach to this that anyone could take. Guilty as charged, but it's my choice. It's my determination. I think they are all related to the use of my power to make the world for horses a better place." | Source: thekansan.com - Mar 6, 2009
Update posted on Jun 20, 2011 - 9:44PM |
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