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Case #2417 Rating: 4.8 out of 5
Horse neglect - 60 seized
Hopkins, SC (US)Incident Date: Friday, Aug 1, 2003
County: Richland
Disposition: Convicted
Defendants/Suspects:
» Colie Blease Martin, Jr
» Colie Martin, III
Case Updates: 4 update(s) available
A father and son who run a horse-trading business are on trial this week, accused of starving or not providing proper medical care to 60 horses last August.
Colie Blease Martin III, 34, and Colie Blease Martin Jr., 61, each faces several years in prison if convicted on all counts.
In her opening statement Monday, Senior Assistant Solicitor Luck Campbell said some of the horses were so malnourished their ribs or hip bones were exposed, while other horses had open sores with "oozing pus."
The trial before Circuit Judge G. Thomas Cooper is expected to run through this week and possibly into next. Campbell and Assistant Solicitor Jill Andrews could call as many as 60 witnesses, including 11 veterinarians.
Martin III is charged with 60 counts of ill treatment of animals, second offense. The charge carries a maximum 90-day sentence on each count, which means he could receive a total sentence of almost 15 years if convicted on all counts.
His first conviction stemmed from a 1998 complaint involving two horses, Campbell told Cooper outside the jury's presence.
Martin Jr. is charged with 60 counts of conspiracy to commit ill treatment of animals, and would likely face a lesser sentence if convicted of all counts.
Investigators from the Society for the Prevention of Cruelty to Animals and the Richland County Sheriff's Department seized the horses last August after an investigation by a Columbia-based horse rescue organization known as South Carolina Awareness and Rescue of Equines (SCARE Inc.), Campbell said.
One of the seized horses, a 10-to 15-year-old chestnut saddlebred mare, had to be euthanized after it was seized, the indictments said. The seized horses ranged in ages from several months to 28 years.
Watkins told jurors that although some horses "may not be pretty" to look at it, there was no evidence they were abused or in pain. He said he planned to call horse breeders to testify about industry standards.
"These animals were not pets," he said. "It's a farming operation."
Case UpdatesNearly six years after 60 horses were seized over allegations they were abused, a Hopkins family is still fighting to get most of them back.
The father-and-son team, who run a horse trading business, must pay nearly $289,000 in reimbursement for the care of the seized animals, if a judge's order issued earlier this year stands.
Colie Martin Jr., nicknamed "Big Buddy," and his son, Colie Martin III, nicknamed "Little Buddy," were in court in Richland County on Friday on their appeal of the order by Magistrate Kirby Shealy.
"It makes you feel like (expletive) when you've lost your whole livelihood," a frustrated elder Martin said after the hearing.
Circuit Judge Alison Lee said she would rule after reviewing the case documents.
At issue is whether the state can charge the Martins reimbursement costs for caring for the seized horses â€" most of which a jury found were not abused â€" and if so, how much.
The case has been the subject of a lengthy court battle that reached the S.C. Supreme Court.
A Richland County jury in 2004 convicted the senior Martin on four counts of conspiring to ill-treat four of the seized horses, and his son on four counts of ill-treatment of animals, second offense. His son's first conviction stemmed from a 1998 complaint involving two horses.
The Martins were found not guilty on 56 counts and contend in court papers that since they were acquitted, they should get 56 horses back.
They said Friday they haven't seen their horses since they were seized Aug. 31, 2003, by Richland County Sheriff's deputies and representatives from the Humane Society for the Prevention of Cruelty to Animals in Columbia, and the Lexington-based, horse-rescue organization known as South Carolina Awareness and Rescue for Equines (SCARE).
"When you lose one, it's like losing one of your kids," said the younger Martin, 38.
"I would sure hate to be their family if that's the way they treat them," countered Jan Carter, president of SCARE, which was granted custody of the horses.
Some horses when seized were so underfed their hip bones and rib cages were exposed; some had open sores "oozing pus," others had skin peeling off, prosecutors said in the 2004 trial.
Hopkins horse veterinarian Michael Privett testified in a January hearing that 48 percent of the seized horses were "unacceptably underweight," and 86 percent were "below optimum weight," prosecutors said in court papers.
The Martins, who were placed on probation following their 2004 convictions, deny mistreating any horses, contending some were very old horses they recently purchased.
They also claimed authorities didn't follow state law by denying them a court hearing within three days of the animals' seizure.
The S.C. Supreme Court in May 2008 unanimously agreed with them, sending the case back to magistrate court.
After a two-day hearing in January, Shealy ruled the Martins were fit to get 56 horses back, but ordered them to reimburse nearly $289,000 for the care of the seized horses, their Columbia attorney, Brian Gambrell said. They appealed the reimbursement amount to the circuit court.
"We believe the amount should be zero," Gambrell told Judge Lee on Friday, explaining his clients shouldn't be responsible for the costs in part because they weren't granted an initial hearing as the law requires.
In its ruling last year, the Supreme Court said that, under state law, if the Martins were deemed fit to "adequately provide for the horses," the animals could be returned "upon payment for their care," but didn't specify what costs could be included.
"If these defendants want their horses back, they have to pay what Judge Shealy issued in his order, 5th Circuit Assistant Solicitor Jill Andrews said Friday.
Andrews in court papers, citing calculations by Dr. Privett, estimated the total "bare minimum" cost at more than $525,000. She noted the herd had grown to 83 in 2004 with the birth of foals but dropped to 68 with the deaths of mainly elderly horses.
"These horses eat money every day," Andrews told Lee.
Carter, of SCARE, said afterward most of the horses are being cared for by volunteer foster families, whom she declined to identify, citing security concerns.
She said the Martins have filed a lawsuit seeking to force her organization to reveal the foster families' identities.
The Martins contend they only want what is theirs.
"We went to court to get our horses back," said the younger Martin. "We love our animals." | Source: The State - June 20. 2009
Update posted on Jun 20, 2009 - 11:16PM |
Meantime, members of a horse rescue group called South Carolina Awareness and Rescue of Equines adopted most of the animals and nursed them back to health. Now a judge has ruled the horses were properly seized.
The court order means the horses can stay where they are and do not have to be returned to their original owners. | Source: WIStv - March 11, 2005
Update posted on Mar 13, 2005 - 7:38PM |
A Hopkins father and son convicted in a horse abuse case have been sentenced to probation.
Thirty-four-year-old Colie Blease Martin the third was convicted in June of four counts of ill treatment of animals. He was placed on probation for four years Wednesday.
Sixty-one-year-old Colie Blease Martin Junior was found guilty of conspiracy to commit ill treatment of animals.
Prosecutor Jill Andrews says he was placed on probation for two years.
The Martins ran a horse-trading business.
Prosecutors said the men severely underfed 60 horses. | Source: WSOC-TV - Dec 16, 2004
Update posted on Dec 18, 2004 - 9:29PM |
The father and son who ran a horse trading business were found guilty of animal abuse this week by a Richland County jury.
Colie Blease Martin III, 34, was found guilty Wednesday of four counts of ill treatment of animals. His father, Colie Blease Martin Jr., 61, was found guilty of conspiracy to commit ill treatment of animals.
"This is the worst case that we've seen on a breeding farm," said Karen Zajicek, South Carolina Awareness and Rescue of Equines (SCARE) founder.
In the case's opening statement June 7, senior assistant solicitor Luck Campbell told the court that some of the 60 horses involved were so underfed their hip bones and rib cages were exposed. Some of the horses had open sores that were "oozing pus" while others had skin that was peeling off, she said.
Martin III could face nearly a year of jail time and a $3,200 fine. Martin Jr. could face up to 240 days in jail and a $2,000 fine.
Entering the trial, Martin III was charged with 60 counts of ill treatment of animals, second offense. His first conviction stemmed from a 1998 complaint involving two horses.
Martin Jr. had been charged with 60 counts of conspiracy to commit ill treatment of animals.
Efforts Friday to reach the defendants' attorney, William Watkins, were unsuccessful.
Officials from the 5th Circuit Solicitor's Office said Friday they will not comment on the verdict until after the sentencing.
Officials seized the 60 horses from the farm last August; they have been stabled at two local farms since.
The majority of the horses on the Martin farm were undernourished and 100 to 300 pounds underweight.
Circuit Judge G. Thomas Cooper ordered a pre-sentence investigation to be done within approximately 30 days, said deputy solicitor John Meadors.
Probation officials will conduct the investigation, drafting a report of the defendants' backgrounds. They then will report back to Cooper, who will set a sentence, Meadors said. | | Update posted on Jun 20, 2004 - 1:21PM |
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