Pet-Abuse.Com - Animal Abuse Case Details: Cow neglect - 120 seized

Cow neglect - 120 seized
Immokalee, FL (US)

Incident Date: Sunday, Feb 29, 2004
County: Collier
Local Map: available
Disposition: Alleged

Alleged: Michael Lee Swails

Case Updates: 2 update(s) available

Case ID: 4082

Classification: Neglect / Abandonment

Animal: cow

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Michael Lee Swails, 47, of Immokalee, was arrested in March 2005 in connection with the discovery of dead, dying or severely malnourished cows on his ranch last year and has been charged with 120 felony counts of animal cruelty.

He said had lost his job, got overwhelmed and didn't know what to do even though he said he was a fourth-generation cowman, officials said.

In March 2004, Collier County Sheriff's deputies and Domestic Animal Services officers went to the Immokalee pasture on a tip.

They said they found nearly two dozen dead cows and saw vultures feeding on two that were still alive but too weak to move. Those cows were put to death.

"It is a really horrific case. The fact that such a large number of animals was involved makes this case particularly bad," said Margot Castorena, director of Collier County Domestic Animal Services.

The pasture was bare and it was evident that no food delivery had been made in some time, deputies say.

The remaining cows were seized and fed by Domestic Animal Services and donations from the public. Castorena said more than 100 cows survived and were sold at auction last July.

A trial date for Swails may be set at an April 11, 2005 hearing. A conviction on animal cruelty carries a maximum sentence of five years.

Case Updates

A judge refused to drop the charges Friday against an Immokalee man facing 120 counts of animal cruelty.

The attorney for Michael Swails, 49, of 17180 Katydid Lane, argued the case should be dismissed because a failure to adequately feed his 120 cows isn�t an intentional act of animal cruelty, which is what he�s charged with.

Swails faces 120 counts, five of which are felonies. The five felonies are for each cow that died, either of malnutrition or euthanasia because of injuries and starvation. Each felony carries up to five years in prison. The misdemeanors each bring up to a year in jail.

A concerned citizen contacted authorities after seeing dead or dying cows in Swails� pasture near Westclox and North 15th Street in March 2004.

According to the arrest report, Swails told investigators he had financial problems and couldn�t afford to buy feed for his livestock. He told authorities he had lost his job and didn�t know what to do about his starving cattle.

Investigators found cows had eaten everything available in the pasture and were too weak to stand. There was no water supply for the cows, and there was a dead cow in the pond. One aggressive cow even attacked a horse, goring it in the right rear leg, causing a 4-inch cut. Some cows were being eaten alive by turkey vultures.

Autopsies of the five dead cows showed they were suffering from a lack of nutrition.

Swails� attorney, Landon Miller, filed a motion to dismiss the case. He argued the animal cruelty statute doesn�t criminalize a failure to do something, in this case feed the animals.

State statute says a person who intentionally commits an act to any animal that results in the cruel death, or excessive or repeated infliction of unnecessary pain or suffering, is guilty of a felony.

But prosecutor Mara Marzano argued a failure to properly care for the animals, starving them to death, was an action that by its nature is a criminal offense.

Whether the consequences were intended is irrelevant � the question will be whether Swails� actions were intentional, Circuit Judge Fred Hardt said in ruling against the defense.

�This case is pretty straightforward. We�ll put the facts to the jury. I think the jury can figure it out. He can explain why he did what he did and didn�t do. He may have perfectly valid reasons, I don�t know. That�s why we have juries,� Hardt said.

The case was moved to a hearing Dec. 11 to set a definite trial date.

The surviving cows were taken to Roberts Ranch in Immokalee and restored of their health by hay, bags of feed and tomatoes and water supplied by Collier County Domestic Animal Services and donations from the public.

Source: Naples News - Nov 18, 2006
Update posted on Nov 18, 2006 - 12:29PM

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NBC Channel 2 reported that Swails is to be arraigned on April 18

Update posted on Mar 21, 2005 - 5:51AM

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References

	Local 6 - March 19, 2005
	The Ledger - March 20, 2005
	Miami Herald - March 20, 2005
	NBC Channel 2 - March 18. 2005
	The News-Press - March 18, 2005

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Cow neglect - 120 seizedImmokalee, FL (US)

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Cow neglect - 120 seized
Immokalee, FL (US)