Case Details

Horse Neglect
Franklin Township, NJ (US)

Date: Jul 3, 2004
Disposition: Alleged

Alleged:

  • Joseph Stuebing
  • John Colton - Dismissed

    Case Updates: 4 update(s) available
  • Case ID: 2533
    Classification: Neglect / Abandonment
    Animal: horse
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    Joseph Stuebing faces one criminal and one civil charge stemming from a June 24 visit to the farm by the state Society for the Prevention of Cruelty to Animals.

    The sentence and removal then were halted pending an appeal, but the horses' care had to be overseen by a veterinarian and the SPCA.

    SPCA spokesman Matt Stanton said the organization found a "frenzied" horse with an open wound on the farm.

    The mare was treated and Stuebing, 52, and his brother-in-law, John Colton, owner of the farm, were issued summonses, said Stanton.

    The horse received a tetanus shot, antibiotics and ointment on the wound and is "much better," said Stanton.

    It's not the first time since Stuebing's first conviction that the SPCA has expressed concern for care of the 47 horses on the farm, Stanton said. "Since the court order (staying the sentence pending an appeal) we've issued 11 warnings," he said.

    The latest charges have both criminal and civil penalties. On the criminal complaints, maximum penalties are a $1,000 fine and six months in jail.

    However, a Superior Court judge stayed the sentencing pending a still-unscheduled appeal.

    Case Updates

    Posted on Oct 19, 2004 - 11:46PM
    A judge on Monday dismissed all counts against the owner of a Franklin horse farm charged with animal cruelty for failing to properly feed and shelter American and Arabian saddle horses.

    Between July and September, the state Society for the Prevention of Cruelty to Animals filed 18 animal cruelty counts against John Colton, the owner of the Dutch Mill Road farm.

    Municipal Court Judge John Jordan dismissed those charges Monday at the request of municipal prosecutor John Adams. The SPCA filed identical charges against Joseph Stuebing, the owner of the horses, during that period. Those charges are set to be heard by Jordan on Nov. 8.

    Stuebing was convicted in May in municipal court of 20 counts of failing to provide adequate food and shelter to horses on the farm. As part of his sentence, he was ordered to turn over all 47 horses on the farm to the SPCA.

    Stuebing's appeal of his conviction is scheduled to be heard by Superior Court Judge Christine Allen-Jackson on Nov. 17.

    The SPCA filed charges against Colton because Stuebing asserted previously that Colton might have part ownership of the horses. Stuebing has agreed not to use that as a defense during his upcoming trial, Adams said.

    Jackson ordered last month that two veterinarians - one chosen by the SPCA and one by Stuebing - visit the horses at least once a week.

    The SPCA contends that Stuebing ignored repeated warnings to care for the cracked hooves of some of the horses and disregarded an open wound on the rear of one horse.
    Source: Courier Post Online - Oct 19, 2004 
    Posted on Sep 24, 2004 - 5:11AM
    The New Jersey Society for the Prevention of Cruelty to Animals filed 12 new complaints Wednesday against a Franklin Township man convicted in May of animal cruelty and another man who owns the farm where dozens of horses at the center of the case are kept.

    Sy Goldberg, an SPCA captain, said the organization issued the summons Wednesday against Joseph Stuebing and farm owner John Colton after an inspection showed three of the horses had hooves that had not been maintained.


    "These horses are suffering," Goldberg said.

    A Franklin Township municipal judge sentenced Stuebing in May to pay more than $8,600 in fines and complete 30 days of community service after finding Stuebing guilty of 34 counts of failing to properly feed his horses.

    The judge also ordered Stuebing to relinquish all 47 of the horses on his farm to the state's SPCA, but the sentence was stayed pending an appeal.

    In the meantime, a Superior Court judge ordered the horse farm to remain under Stuebing's control during the appeal with the oversight of two consulting veterinarians and the inspection of SPCA members.

    The organization issued complaints Wednesday because of the condition of the hooves on three of the horses, Goldberg said. The complaints included three criminal and three civil counts of animal cruelty against each of the two men. Stuebing's attorney, Charles Ianuzzi has previously said Stuebing plans to vigorously defend new animal cruelty charges filed against him. Ianuzzi said after a court appearance last month that a veterinarian had found the animals in good condition during a recent inspection.

    However, Goldberg said the health of the horses has deteriorated since then.

    Goldberg said the organization has issued two dozen other complaints against Stuebing and Colton since May.
    Source: Gloucester County Times - Sept 23, 2004 
    Posted on Aug 9, 2004 - 2:57PM
    Rather than wait for the outcome of an appeal, the animal cruelty sentence of a Franklin horse farm operator should be carried out and all his horses forfeited because of new neglect charges, a Gloucester County prosecutor will argue in court.

    Assistant County Prosecutor Dana Anton said she filed a motion Thursday to lift a stay of Joseph Stuebing's May 20 sentence in light of new complaints against him. The request will be heard by Superior Court Judge Christine Allen-Jackson, who was attending judicial training this week. Anton said a hearing date may be set next week.

    Stuebing's lawyer, Charles Iannuzzi, said his client does not fear the motion and will oppose it. "Mr. Stuebing is taking good care of the horses. They're under a veterinarian's supervision," Iannuzzi said.

    Stuebing was convicted in Franklin municipal court in May of 20 counts of failing to provide adequate food and shelter to horses on the Dutch Mill Road farm he operated. The charges were brought by the state Society for Prevention of Cruelty to Animals. In his defense, Stuebing said substantial weight loss of the horses resulted from a change in feed.

    Judge Charles J. Sprigman Jr. sentenced Stuebing to two years probation and a suspended six-month jail term, imposed $8,750 in fines and ordered him to reimburse the SPCA $61,272 for expenses in caring for horses on Stuebing's farm. Sprigman also ordered Stuebing to turn over all 47 horses on the farm to the SPCA. However, Iannuzzi then obtained a stay of the sentence from a Superior Court judge pending an appeal of Stuebing's conviction. The appeal isn't expected to be heard until this fall.

    Meanwhile, the SPCA, which has been allowed under court order to inspect the farm with a police escort, in June filed additional charges of failing to obtain veterinary care for an injured horse. In July, five more neglect charges were filed, accusing Stuebing of failure to provide horses with proper veterinary care and shelter. Hooves of horses were in poor condition, the SPCA said.

    "It looks as though he hasn't done anything to remedy the situation," Anton said.

    Anton said she will ask that Stuebing either be ordered to give up the horses or that a trustee be appointed to oversee them until the appeal is decided. At the least, Anton said, she will ask that a veterinarian be appointed to supervise the farm daily.
    Source: Courier Post Online - August 6, 2004 
    Posted on Jul 26, 2004 - 8:46AM
    Additional animal-neglect charges have been filed against the Franklin man convicted in May of providing inadequate food and shelter to several horses here.

    Five criminal summonses were issued Thursday July 22, 2004 against Joseph Stuebing, said Matthew Stanton, a spokesman for the Society for Prevention of Cruelty to Animals.

    Stuebing was charged on four counts of failure to provide horses with proper veterinary care and a single count of not providing proper shelter for animals at a Dutch Mill Road farm. The SPCA also issued five identical civil complaints against Stuebing.

    Stuart Rhodes, the New Jersey SPCA president, said each of the newly filed criminal charges can carry a penalty of as much as $1,000 and six months imprisonment.
    Source: The Daily Journal 

    References

    newsday.com
    southjerseynews.com
    NJ.Com - Nov 9, 2004
    Delaware Online - Nov 8, 2004
    Newsday

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