Hoarding - 5 horses, 35 birds, 4 dogs and a cat
Tijeras, NM (US)Incident Date: Thursday, Feb 17, 2005
County: Bernalillo
Disposition: Alleged
Alleged: Robert Belfon
Case Updates: 1 update(s) available
A man could face animal cruelty charges after dozens of animals were found inside a home on Lovato Road in Tijeras. Outside the house, deputies discovered a dead horse, six dead chickens and one dead peacock. Several other animals, including ducks, horses and dogs, were rescued from the location. Animal control seized five horses, 35 birds, four dogs and a cat.
The home's owner, Robert Belfon, hasn't been seen near the home since a party around the holidays, neighbors said.
The rescued household animals are in the care of animal control and could be put up for adoption. The other animals are now the property of the state.
Case UpdatesA Tijeras man who faces possible charges of extreme cruelty to animals recently regained custody of the 45 animals he is accused of starving and neglecting.
The animals were seized from Robert Belfon's Tijeras property in February after neighbors reported a bad smell coming from the area. But the animals were returned to the Tijeras property July 28, under an agreement between Bernalillo County and Belfon to bring him into compliance with the county's animal control ordinance, assistant county attorney Jeff Landers said Wednesday.
On Feb. 7, animal rescue groups, Bernalillo County animal control officers, sheriff's deputies and the New Mexico Livestock Board confiscated five horses, 35 birds, four dogs and a cat from the Belfon family home on Lovato Road.
Among the animals found were a dead horse, six dead chickens and a dead peacock, according to Daniel Abram of the nonprofit organization Rancho Transylvania, which volunteered to care for some of the surviving animals while legal proceedings unfolded.
Landers said rescuers were told the animals would remain in county custody until Belfon's hearing and would not be returned to Belfon unless strict conditions were met.
"There is not a law in place that would keep Mr. Belfon from owning animals," Landers said. "Mr. Belfon was in violation of the county's animal control ordinance, and we chose a civil process because we thought it would move faster than a criminal case and we want to try and condition Belfon to be a responsible pet owner."
A court order issued July 26 temporarily returned five horses, four dogs and a variety of birds to Belfon under strict conditions until his hearing scheduled for November.
The order says Belfon must provide proof of an adequate food supply for all animals each month, keep all animal areas clean from manure and debris. and fill all animal drinking water receptacles before 10 a.m. each day. Proper shelter must be provided, and if Belfon leaves the property for more than 48 hours he must inform the county of the appointed caretaker in his absence.
Belfon also must have the horses inspected by a licensed veterinarian as needed, but no less than quarterly, with the first inspection Sept. 1.
"Even if we did relocate his current animals, there is nothing that can stop him from going out and just getting more," Landers said. "We want Belfon to be a success story. We want to condition him to be a responsible pet owner."
Some rescuers are dismayed by the recent turn of events.
"This just breaks my heart, these animals deserve to be treated with kindness and respect and now they're being hauled back to their previous nightmare, to owners who seem indifferent to their suffering and could care less if they live or die," Abram said.
The return sparks concern beyond the welfare of the animals, Abram said.
"One of my main issues is the use of taxpayers' money to bring the animals back to health and now they're going back to the owners as healthy animals," he said. "Also, there is apparently going to be some ongoing monitoring of the Belfons' animals by animal control, which is yet another county expense."
Landers said one of the stipulations in the court order is that Bernalillo County Animal Control will monitor the property several times a week, inspecting the property and the animals and photographing the current conditions of both. Belfon could still face larger hurdles.
The criminal case being pursued by the District Attorney's office is scheduled to be heard Oct. 29, said Bernalillo County Sheriff's Deputy David Brown.
Extreme cruelty to animals is defined in state statutes as intentionally or maliciously torturing, mutilating, injuring or poisoning an animal or maliciously killing an animal.
If Belfon is charged with this fourth-degree felony and convicted, he could face up to 18 months of jail time and/or a $5,000 fine and be required to undergo psychological counseling. | Source: Albuquerqe Journal / Mountain View Telegraph - Aug 4, 2005
Update posted on Aug 8, 2005 - 11:05AM |
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