Horse starved, hanged to death
Vancouver Island, BC (CA)Incident Date: Tuesday, Sep 29, 2009
Disposition: Convicted
Case Images: 1 files available
Defendants/Suspects:
» David Whiffin
» Clayton Cunningham
Case Updates: 1 update(s) available
Two Vancouver Island men have been charged with animal cruelty in a bizarre case where an elderly, emaciated horse was killed by hanging.
David Whiffin and Clayton Cunningham, both from the Victoria area, will appear in Victoria provincial court Nov. 30. If convicted, the two face a maximum fine of $10,000, up to five years in jail and a prohibition against owning animals.
They are accused of allowing a 27-year-old Appaloosa gelding named Jalupae to starve, and then tying its neck to the bucket of an excavator, then raising it so the horse was off the ground. It died from strangulation.
The case is the worst SPCA investigators have seen in recent memory, said animal protection officer Erika Paul, noting it doesn't involve neglect, lack of knowledge or finances.
"This is right at the other end of the spectrum," said Paul. "How somebody does this is beyond my comprehension."
Lynsay Bailey, the SPCA officer who investigated the case, said it's difficult to understand why someone would allow an animal to die in that way. "We deal with horrific animal cruelty every day in our work but this case is particularly heinous."
North Cowichan, B.C., resident Al Mercer gave Jalupae to Whiffin a year ago: "He was looking for a small horse for his kids to ride," said Mercer Friday.
The horse was older but in pretty good health. Mercer talked to Whiffin for an hour and thought he'd found a good home for the animal. Now Mercer is devastated.
"I delivered the horse to his property and it looked good."
Investigators received a complaint in early September that the horse was in bad condition.
"It couldn't process its food because of its age," said Paul. "The medical condition was ignored."
The horse's teeth were in bad shape but there appeared to be no attempt to soak its food so it could get nutrition, said Paul.
"I don't know if the horse was too old, too far gone, but nevertheless, they ignored the signs. The horse was dropping weight and looking like a bone-rack," she said. "The person in care and control of the horse should be aware of that."
The SPCA ordered Whiffin to take action. Whiffin called a veterinarian, who advised that the horse should be euthanized.
Whiffin later admitted to SPCA investigators that on Sept. 15 he killed the horse by using an excavator to hang it. It's unclear why he didn't call a veterinarian, which is usual in these cases.
Case UpdatesTwo men were found guilty Tuesday in Victoria provincial court of animal cruelty for inadequately feeding a horse before putting it to death by hanging it by ropes from an excavator.
But Judge Susan Wishart found that while Clayton Cunningham and David Whiffin, both of Victoria, allowed 27-year-old Jalupae to starve in the months leading up to the hanging in September 2009, they killed the animal humanely.
The case has raised the ire of animal advocates worldwide. Each hearing, including Tuesday's, attracted placard-carrying protesters outside court calling for justice for Jalupae.
The public outrage had no bearing on the conviction of Cunningham and Whiffin, Wishart said. "Where death is immediate the law does not require the use of the most dignified means," she said. "My decision should not be seen as endorsing or condoning this method of euthanizing an animal. If there was sufficient evidence here to satisfy me that Jalupae died other than immediately my decision would likely be different. That evidence was not present in this case."
Afterwards, the B.C. SPCA issued a statement stating displeasure with the judge's assertion that the horse didn't suffer from hanging. "We deal with horrific animal cruelty every day in our work, but this case was particularly heinous," said Marcie Moriarty, general manager of cruelty investigations.
Whiffin owns a Saanichton acreage which includes several residences. Cunningham lived in a unit adjoining a barn and was the primary caregiver to several horses. Whiffin acquired Jalupae through an Internet ad posted by a Cowichan Valley family that advised the horse would need a special diet and regular filing of his teeth to enable him to get adequate nutrition. Whiffin later said he didn't intend to spend any money on the horse.
An SPCA constable visited the farm after a tip in July 2009 and spoke to Sherry Sabourin, a veterinarian assistant who lived for a time on the Whiffin farm and advised the men on Jalupae's special needs. The constable described Jalupae "as being probably the worse she has ever seen in terms of body weight," said Wishart.
A veterinarian visited the farm on Sept. 10 and assessed Jalupae as in very poor body condition. The vet offered to euthanize the horse but Whiffin said he wanted to wait a few days. His backhoe wasn't working and he would need it to dig a grave. The vet returned a few days later, but Jalupae had disappeared. Cunningham had moved it temporarily to buy time.
On the morning Whiffin hung the horse, he was visited by a friend, Stephen Oulette. "Mr. Cunningham put a rope around Jalupae's neck and tied it onto the excavator and Jalupae just stood there," said Wishart of the witness testimony.
"Mr. Oulette testified that Mr. Whiffin quickly jerked the bucket of the excavator 'where the horse was immediately off the ground, snapped and I saw the horse's limbs go slack and I knew just off the first jerk that the horse had been killed and he wasn't going to suffer,' " Wishart said.
Jalupae did not fight or kick. Oulette said the death was "instantaneous" and said the horse was dead in half a second.
Outside court, Whiffin said he did not want to kill Jalupae, but he was forced to by the SPCA. Cunningham said he fed the horse its special food, but the animal's condition deteriorated due to lack of care by Sabourin. They will be sentenced later. | Source: vancouversun.com - Dec 14, 2011
Update posted on Dec 15, 2011 - 11:07AM |
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