Animal Abuse: 340 starving animals seized - some deceased - Drumheller, AB

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Case ID: 17750

Classification: Hoarding

Animal: horse, cow

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Attorneys/Judges

Defense(s):	Teddy Nobles
Judge(s):	Terrence McMahon

340 starving animals seized - some deceased
Drumheller, AB (CA)

Incident Date: Monday, Apr 18, 2011

Disposition: Alleged

Alleged: John Barry Graham

Case Updates: 2 update(s) available

Authorities combing a massive ranch east of Drumheller have found up to a dozen horse and cattle carcasses and seized hundreds of malnourished livestock, RCMP say.

RCMP livestock investigator Cpl. Christian Reister said between eight and 10 animals had to be euthanized because of their poor condition.

The Alberta Society for the Prevention of Cruelty to Animals and RCMP obtained a search warrant Monday for a property near East Coulee, Reister said.

Since then, they've seized about 140 horses and 200 cattle, all in a weakened state, he said.

"There were some that were in such poor condition they were unable to walk. There were some that were so weak they had difficulty walking," he said.

"Others were in just general poor body condition and didn't have access to feed."

The fencing on the sprawling ranch is poor, he added.

The property owner has previously been charged under Alberta's Animal Protection Act, Reister confirmed.

In 2002, he pleaded guilty to animal cruelty charges under the Criminal Code and the animal protection legislation. He was fined $10,000 and prohibited from owning livestock for 10 years, with some conditions.

In that investigation, SPCA officials found several dead horses and more that were in poor health, including some that suffered from severe parasite infestations.

Numerous complaints from the public launched the current joint RCMP and SPCA investigation.

Members of the Alberta SPCA, RCMP and civilians have been rounding up the livestock on the 4,660-hectare property using quads and on horseback.

Most of the horses are wild and spook at the sight of people, Reister noted.

A temporary corral and loading system has been set up to help transport the animals. The livestock have been taken to a caretaking facility for veterinary care.

The owner has 10 days to meet certain conditions and try to reclaim the animals, said Terra Johnston, Alberta SPCA executive director.

"We're going to ensure that whatever care is required, they're going to receive."

Once the investigation is complete, the owner could face charges under Alberta's Animal Protection Act and fines up to $20,000 and a lifetime prohibition from owning specific species.

Drumheller is about 110 kilometres northeast of Calgary.

Case Updates

Livestock seized from a Drumheller-area ranch amid allegations of gross neglect will be returned under strict conditions, a Calgary judge ruled Friday.

Lawyers for the Alberta SPCA and Graham Ranching Company Ltd. were able to come to an agreement after Justice Terrence McMahon said the animals would be sold if a deal couldn't be reached.

"My concern ... is obtaining the assurance, enforceable assurance, that the animals can be properly cared for if returned," McMahon told ranch lawyer Teddy Nobles.

He told Nobles it was clear the approximately 350 head of horses and cattle seized by the SPCA in April, when a dozen carcasses were discovered, were in distress.

"The evidence is overwhelming that whoever was supposed to be looking after the animals wasn't doing the job properly," McMahon said.

SPCA lawyer Erin Ippolito said at least half the animals on the sprawling, 2800-hectate ranch were in distress when a search warrant was executed on the property.

Ippolito wanted McMahon to order the sale of the animals since no deal had been reached for their proper return prior to the court proceeding.

She said so far it has cost the organization $128,000 to care for the livestock, and that number is increasing at $1,400 a day.

"It is not practical for the SPCA to hold that cattle at that cost until the trial of this issue," Ippolito said.

The ranching operation has filed a $1-million lawsuit against the society claiming the animals were illegally seized.

McMahon said his concern was only for the safe care of the livestock and the animals would either be sold, or returned under strict conditions.

"If you can't satisfy me that the animals are going to be cared for then they'll be sold and you can fight for the money," he said.

McMahon said the animals can be returned within 10 days providing certain conditions are met and then will be regularly monitored by an SPCA vet at the ranch's cost.

Two owners have been charged with animal cruelty, including John Barry Graham, whose brother Robin Byron Graham is expected to take over the day-to-day operations.

Source: calgarysun.com - Jun 10, 2011
Update posted on Jun 10, 2011 - 8:06PM

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A dozen horse and cattle carcasses littered a sprawling ranch east of Drumheller where authorities seized hundreds of malnourished livestock this week as part of an animal cruelty investigation.

Several more animals, too weak to stand, were euthanized as the Alberta Society for the Prevention of Cruelty to Animals and RCMP launched a sweeping investigation at the East Coulee ranch.

The rancher, identified by a friend as John Barry Graham, has been charged previously under Alberta's animal protection legislation, RCMP confirmed.

Dustin Hampton said his friend, known as Barry, is being unfairly targeted by an SPCA "hate-on" after a particularly difficult winter for all livestock owners.

"It's been a long, hard winter," he said. "The SPCA has had a real hate-on for Barry for a lot of years now. Now they've got their excuse to come in here and uproot him again."

The probe kicked off Monday when authorities, acting on tips from the public, got a search warrant for the 47-square-kilometre property.

Hundreds of livestock roaming the property, including dozens of wild horses unaccustomed to human contact, had no adequate supply of winter feed, said RCMP livestock investigation Cpl. Christian Reister.

Mounted on horses and riding all-terrain vehicles, authorities, ranch hands and volunteers rounded up about 140 horses and 200 head of cattle.

A makeshift corral and loading system was set up on the property to help transport the animals to a caretaking facility to receive veterinary care.

On Thursday, ranch hands ushered dozens of cattle, some with bony hips and protruding ribs, onto a transport truck.

Reister said up to 10 horses and cattle had to be put down.

"There were some that were in such poor condition, they were unable to walk. There were some that were so weak, they had difficulty walking," he said.

"Others were in just general poor body condition and didn't have access to feed."

The property owner had previously been charged under Alberta's Animal Protection Act, Reister confirmed.

In 2002, Graham pleaded guilty to animal cruelty charges under the Criminal Code and the Alberta Animal Protection Act. He was fined $10,000 and prohibited from owning livestock for 10 years, with some conditions.

In that investigation, SPCA officials found several dead horses and more that were in poor health, including some that suffered from severe parasite infestations.

Hampton, who has known Graham for about 10 years, said the property is a family ranch that Barry took over when his father died. Graham cares for his stock, Hampton added.

"He's a free spirit, that's for sure. I wouldn't say negligent by any stretch. He's a bit of a Gypsy, sure, maybe a little bit of a hoarder, but he cares for his stock, he really does."

Numerous complaints from the public launched the current joint RCMP and SPCA investigation.

The owner has 10 days to meet certain conditions and try to reclaim the animals, said Terra Johnston, Alberta SPCA executive director.

"We're going to ensure that whatever care is required, they're going to receive."

Once the investigation is complete, the owner could face charges under Alberta's Animal Protection Act and fines up to $20,000 and a lifetime prohibition from owning specific species.

Drumheller is about 110 kilometres northeast of Calgary.

Source: globalnews.ca - Apr 22, 2011
Update posted on Apr 22, 2011 - 2:35PM

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References

calgaryherald.com - Apr 21, 2011

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340 starving animals seized - some deceasedDrumheller, AB (CA)

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340 starving animals seized - some deceased
Drumheller, AB (CA)