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Case ID: 17687
Classification: Neglect / Abandonment
Animal: cow
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Attorneys/Judges
Prosecutor(s): Michael Whitney, Travis Sides
Defense(s): Daniel Murphy
Judge(s): Douglas R. Vannoy, Robert Smith


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CONVICTED: Was justice served?

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Case #17687 Rating: 3.0 out of 5



79 cow carcasses found
Sterling, CO (US)

Incident Date: Monday, Mar 15, 2010
County: Logan

Disposition: Convicted

Defendant/Suspect: Gilbert Dean Schuman

Case Updates: 3 update(s) available

A Sterling man has been arrested for animal cruelty, according to a release sent out by the Logan County Sheriff's Office and Colorado Department of Agriculture this morning.

On March 15, the Logan County Sheriff's Office, acting on information by the public, executed a search warrant at 11515 County Road 37 in Logan County. During the search, approximately 79 bovine carcasses were located on the property in various stages of decay.

Several of the carcasses were located in a livestock pond on the property and others were under mounds of hay. In addition, many of the cattle found alive were in poor body condition. Sixteen head of cattle were taken to the Sterling Livestock Commission Company because their immediate welfare was in question.

During the search of the property, Gilbert Dean Schuman, 57, of Schuman Cattle LLC, was contacted and taken into custody. Schuman was charged with 16 counts of cruelty and held on a $5,000 bond. Schuman's next court date is set at 8:30 a.m. Monday, March 29.

This case remains under investigation, including determining causes for the large amount of dead cattle on the property.
Staff from the Colorado Department of Agriculture assisted the Logan County Sheriff's Office during the investigation by providing livestock welfare information, large animal expertise, gathering of evidence, as well as logistical and veterinary support.

The Colorado Department of Agriculture's Bureau of Animal Protection (BAP) continues to support and assist the Logan County Sheriff's Office during this investigation. There are approximately 125 Bureau of animal Protection agents in Colorado; many are employees of public and private animal shelters, and local law enforcement organizations.

"The BAP agents play a vital role in the care and welfare of animals across the state by assisting local law enforcement agencies in their animal cruelty and neglect investigations," said BAP Chief, Scot Dutcher. "Animal agriculture is a fundamental part of this state's culture and food production system. Livestock must continue to be treated in a manner that is ethical and humane."

Any time animal cruelty charges are brought against a Colorado livestock owner, industry organizations monitor the situation:

Colorado Cattlemen's Association
"The Colorado Cattlemen's Association (CCA) has been in existence since 1867 and for those 143 years we have committed ourselves to protecting the interests of our ranching families and the cattle they raise," said Tim Canterbury, CCA president. "We carry this very commitment forward in asking that swift and decisive judgment be made toward anyone who breaks the bond between rancher and cattle through outright abuse."

Colorado Farm Bureau
"Colorado Farm Bureau roundly condemns reprehensible practices like those exposed by the Bureau of Animal Protection," said Alan Foutz, president of Colorado Farm Bureau. "All farmers and ranchers are morally obligated to care for their livestock. They work every day to ensure they are using the most up to date practices to protect the wellbeing of animals in their care. We would like to thank the Bureau of Animal Protection and the Logan County Sheriff's Department for their help in ending practices that are inconsistent with industry and ethical standards."

Colorado Livestock Association
"The act of compromising the health and wellbeing of livestock is unacceptable to the members of our industry" stated Steve Gabel, President of Colorado Livestock Association. "Livestock producers have the ethical responsibility to provide the highest care for all animals."

The Department's BAP program investigates over 12,000 reports of animal cruelty and neglect annually in Colorado. Species investigated in FY08/09 include:

• Dogs: 9,543 (78 percent of all investigations)
• Horses: 1,588 (13 percent of all investigations)
• Cats: 688 (6 percent of all investigations)
• Cattle: 38 (.3 percent of all investigations)

For more information or to file a cruelty or neglect complaint, visit

Case Updates

Gilbert Dean Schuman was sentenced on Monday in Logan County Court on 14 counts of animal cruelty for not providing proper care for cattle he owned. Logan County Court Judge Robert Smith sentenced him to 180 days in jail with three-year supervised probation, fines of $3,861.53 and 100 hours of useful public service. Of the 180 days, 120 days will be suspended with successful completion of the probation.

On counts two through 13, Schuman also received a sentence of 180 days with 120 days suspended, a $500 fine for each count and mandatory costs of $185 with three years probation. The total fine of $6,500 and $2,405 mandatory costs for the 13 counts will be suspended with three years probation.

With the three years probation, Schuman will serve a total of 60 days in jail since all counts will be served at the same time. He has until May 5 to report for his jail term, allowing him 30 days to appeal.

The District Attorney`s Office, represented by Travis Sides, requested an "appropriate" sentence of 90 days in jail with a 5-year probation period.

Schuman`s attorney, Daniel Murphy, said that he didn`t think any amount would have been satisfactory for the people who filed the case.

Speaking on behalf of Schuman was Brad Michaels, who said Schuman had already given up his property and that should be sufficient for this issue. Janice Dolan said that she thought this was intended to make an example of Schuman and that he has a good heart and she had never seen his cattle without feed or water. The Rev. Ed Bigler asked that consideration of the family be taken and requested Smith temper justice with mercy. Also speaking was Schuman`s wife Barbara, who said they are living on her salary as a nurse and he is taking care of their daughter while she works.

"He has been punished enough already with the loss of his livelihood and good name and his daughter has to live with that," she said.

Schuman was found guilty on 14 counts of animal cruelty in February after a two-day trial in which experts testified that the animals were severely malnourished. He was arrested in March of 2010 and held on a $5,000 bond after the Logan County Sheriff`s Office found approximately 79 bovine carcasses on Schuman`s property in various stages of decay. Sixteen cattle (14 cows and two calves) were taken to the Sterling Livestock Commission Company at that time because their immediate welfare was in question.

In April 2010, the Colorado Department of Agriculture Bureau of Animal Protection seized 28 animals that were later sold. Schuman was declared an unfit owner in District Court on April 28, 2010, and a preliminary restraining order was put into effect that Schuman is not to own any cattle until a court date yet to be determined.

In making his sentencing decision, Judge Robert Smith noted that this is a first conviction and that it was important in trying to fashion a sentence that prevents this from happening again.
Source: journal-advocate.com - Apr 5, 2011
Update posted on Apr 5, 2011 - 7:49PM 
The guilty verdict on 14 counts of animal cruelty against Gilbert Dean Schuman was decided by a jury of six people in Logan County Court on Friday evening. County courts in Colorado only require six jurors according to Colorado statute.

Foreman of the jury Stan Frank carried the results of approximately one and one-half hours of deliberation as the jury reconvened for the reading of the verdict.

"We made the best decision we could among the six of us," he said after the jury had been dismissed. "It was a long and hard job; the first day is about the most boring day I`ve had in a year. The court system seems slow, slow, and slow, to someone who is used to moving very fast in his job."

"I think everybody going into jury duty is wishing they weren`t there," he said. "But when it is finished, you are glad you stayed and glad you did it."

"I was very impressed with all the jury members. They took pages and pages of notes which were helpful," he said. "I was disturbed by the fact that basically the charge was only for the 14 cattle they confiscated, what with all those other dead cattle on the property."

Frank said they reviewed all the materials and exhibits that had been entered into the case, took several votes and came to a consensus on the case that had been presented.

Michael Whitney, deputy district attorney who prosecuted the case, said afterward that the jury did a good job.

"They weighed the evidence, did what was required to do and voted their conscience," he said.

This is not the first animal cruelty case Whitney has been involved with, although the others were mainly domestic animal cases, he said. He was assisted by Laura Gardner as his witness advisor; Lt. Joe McBride, Logan County Sheriff`s Office investigator; and Legal Assistant Debbie Nelson.

"We are happy to see a just result," he said.

Speaking for the Logan County Sheriff`s Department, McBride said, "We are pleased with the outcome. Basically, we don`t see this type of case very often -- we see more of the cat or dog cases, but there is malnutrition even with livestock. They have to be taken care of just like domestic animals. We are not surprised at the verdict on all the counts.

"We were very pleased to be working with the USDA, the Bureau of Animal Protection, the Brand Inspectors and the District Attorney`s Office to bring this case forward," he said.
Source: journal-advocate.com - Feb 28, 2011
Update posted on Apr 5, 2011 - 7:40PM 
The Colorado Department of Agriculture removed 28 head of cattle on April 20 from a Logan County man already facing 16 counts of animal cruelty in a separate case.

The CDA's Bureau of Animal Protection seized the animals from 11515 County Road 37, owned by Gilbert Dean Schuman of Schuman Cattle LLC.

According to Investigator Joseph McBride of the Logan County Sheriff's Office, there are no live cattle remaining on that property.

CDA staff worked with the LCSO to remove the animals after District Court Judge Douglas R. Vannoy granted a temporary restraining order against Schuman. Schuman was restrained from moving any livestock from the property south of Sterling and from preventing CDA and Logan County officials from entering the property to care for the livestock until they were removed.

Assistant State Veterinarian Dr. Nick Striegel said the decision to remove the animals was difficult but necessary for their well-being.

"Livestock owners have a moral obligation to provide for the nutritional needs of the animals in their care; in our opinion, Mr. Schuman was not properly caring for these cattle and they may not have survived much longer if they were not picked up in a timely manner," Striegel said.

Schuman is scheduled to appear in Logan County court at 1:30 p.m. April 28 for a hearing to evaluate whether he is an unfit owner. If Schuman is declared an unfit owner, ownership of the cattle will be transferred to CDA.

The cattle have been moved to an undisclosed location and are being cared for, Striegel said. The matter is still under investigation and it is not known whether additional charges will be filed.

"At this point, the department's top priority is to take these cattle to a safe location and ensure they are properly fed," said Striegel.

Striegel said the court will determine whether Schuman will have to pay for the cost of caring for the animals.

The animals were seized under the Colorado Animal Protection Act. Striegel said the act obligates the department to provide for animals that are not being cared for properly.

He called the case troubling, noting that it is extremely unusual to have an animal cruelty or neglect case involving cattle. The Bureau of Animal Protection conducts more than 12,000 cases annually, and less than one-half of 1 percent involve cattle, he said.

"This is not how Colorado ranchers take care of their cattle," he said, adding that those in the industry across the state are concerned by the incident.

Striegel said the animals were given body condition evaluations and were all very thin, scoring 1 or 2 "across the board" on a scale of 1 to 8, with 8 being the best. It did not appear that there was adequate
feed at the location, he said.

In a separate investigation, the Logan County Sheriff's Office and CDA staff discovered nearly 80 bovine carcasses in various stages of decay on the same property in March. Several of the carcasses were located in a livestock pond on the property and others were under mounds of hay. Tests show the animals died of moderate to severe malnutrition.

In addition, many of the cattle found alive were in poor body condition. Sixteen head of cattle were taken to the Sterling Livestock Commission Co. because their immediate welfare was in question. One heifer died and the remaining cattle are improving.

Schuman was charged with 16 counts of cruelty to animals.

According to the Logan County Court, Schuman has hired private counsel for the animal cruelty case. As a result, his appearance scheduled for Monday, April 26, was canceled and the case has been continued to 8:30 a.m. June 7.

For more information or to file a cruelty or neglect complaint, visit www.colorado.gov/ag/animals and click on "Bureau of Animal Protection."
Source: fortmorgantimes.com - Apr 26, 2010
Update posted on Apr 5, 2011 - 7:34PM 

References

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