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Case #4447 Rating: 3.5 out of 5
Neglect - horse and dogs seized
Ashdown, AR (US)Incident Date: Friday, Apr 22, 2005
County: Little River
Charges: Misdemeanor
Disposition: Convicted
Defendant/Suspect: Susan D. Whitman
Case Updates: 5 update(s) available
A judge in Southwest Arkansas has ordered dozens of dogs and horses be taken from a woman`s home. Deputies say the animals weren't be taken care of, but the owner disagrees.
Friday morning Little River county sheriff Danny Russell, armed with a court order, let Susan Whitman know that deputies plan to seize her animals.
Just four days ago, Sheriff Russell along with Ar-Tex animal welfare came to speak with Whitman about her animals after numerous complaints were allegedly filed.
After seeing the conditions 27 dogs and 27 horses were living in, the decision was made to remove the animals.
Dixie Wilson says "We just couldn`t leave these animals in this condition."
A judge ordered the animals be taken from Whitman`s care.
Russell claims that Whitman 27 Arabian horses are in bad condition, under fed and in need of veterianary care.
The animals will now be taken by rescue angencies until a judge makes a final decision on whether Whitman should keep them or not.
She has not been charged with a crime, but prosecutors are looking at filing animal cruelty charges.
Case UpdatesThe woman appealing her conviction in District Court on four counts of animal cruelty was found guilty and fined $4,000 Monday in Little River County Circuit Court.
Susan Whitman was found guilty by an eight-woman, four-man jury, and the fine assessed by the jury was nearly four times the amount she received in District Court in May 2005.
In District Court she was fined a total of $1,600 and required to pay $400 in court costs. The charges were Class A misdemeanors with a potential sentence of one year in jail and a maximum fine of $1,000 on each count.
She appealed the District Court sentence issued by Judge John Finley and asked for a jury trial in Circuit Court.
After nearly two days of testimony, the jury took about an hour and 40 minutes to find her guilty and took only 20 minutes to issue the sentence.
In addition to the $4,000 fine, she received one year's probation on the four counts of animal cruelty.
In testimony Friday, Dr. Karen Paloone of Rose Bud, Ark., testified she examined horses belonging to Whitman at the request of Kaleidoscope Horse Rescue Inc., which took the horses to north-central Arkansas. Paloone said the horses were severely anemic and were emaciated with bones showing. Blood tests showed a decrease in red blood cells, which carry oxygen to the horse's organs and tissue.
During the sentencing phase, Whitman said she has lost income from the sale of puppies and some of the horses.
When law enforcement agents went to her house about the horses in April 2005, they found 27 dogs along with the 27 horses.
All of the animals have been returned to Whitman.
All of the animals have been returned to Whitman.
In the sentencing phase, she testified the legal action has put a "financial strain" on her and she has had to borrow money from her daughter.
Her attorney, Don Cooksey, asked the jury to consider assessing a fine of only $1.
Deputy Prosecutor Jay Metzger told the jury "the suggestion is ridiculous."
In rebuttal, Cooksey asked the jury to consider only assessing a fine of 1 cent, saying "it's justifiable because the animals have been returned to her" and Whitman has made improvements to her property.
In closing arguments, Cooksey said the Animal Welfare Association Inc. conducted the roundup April 22, 2005, and contacted the news media to attend.
Cooksey said the group is an "animal rights activist" and the more media coverage they can receive, the more donations they receive.
Cooksey said the animal rights group tries to sell the horses to get money to support domestic terrorism.
On Friday, Dr. Jim Kunkle, a veterinarian from Atlanta, Texas, testified that manure in the barn was 2 feet to 3 feet deep. The water source was a boat sitting on the ground with a green slime substance and algae.
In his closing, Cooksey told the jury to disregard Kunkle's testimony because he was an activist and paid by the animal rights group.
"It's all about money and taking someone's property rights-the horses," said Cooksey.
Metzger said in his rebuttal, "It sounds like we all got duped in Little River County."
Metzger said it was difficult to understand the comparison with the alleged cruelty to animals and an animal rights group "aiding and abetting terrorists."
Cooksey also said Whitman had sacrificed food for herself to feed the horses.
Metzger said, "It sounds like she had more than what she could take care of."
After the jury issued the sentence, Ninth Circuit Court Judge Ted Capeheart said Whitman would arrange with the probation officer a payment schedule to pay off the $4,000 fine. | Source: Texarkana Gazette - Nov 7, 2006
Update posted on Nov 7, 2006 - 8:21AM |
A Little River County jury is expected to reconvene Monday morning to determine a verdict for Susan Whitman of Ashdown, who is appealing her conviction on four counts of animal cruelty last year.
Whitman has appealed her conviction in the Ashdown District Court and a jury trial started Friday in the Little River County Circuit Court.
During the trial Friday, Wanda Johnson, who lives west of the Whitman property, said she never saw hay being fed to the horses. She described how she saw the colts with their tails chewed off.
"The hair on the bottom of the tail bone had been chewed off. They didn't get enough ruffage and had no hay or they did it because of boredom," said Johnson.
Roberta Thornton, who also lives west of the property, noticed how thin the horses were because "you could count their ribs and they were eating dirt."
She contacted J.W. Hinton of Little River County, who was an agent with the state Livestock and Poultry Commission. Hinton suggested contacting Richard Jackson, who then contacted the Animal Welfare Association Inc.
The agency conducted the roundup April 22, 2005. Twenty-seven horses were gathered as part of the investigation on Whitman's 40-acre farm on Arkansas Highway 108 about one mile west of Ashdown.
In May 2005, Ashdown District Court Judge John Finley found Whitman guilty after a three-day trial on four counts of animal cruelty to horses. She was fined $1,600 and required to pay $400 in court costs. The charges were Class A misdemeanors with a potential sentence of one year in jail and a maximum fine of $1,000 on each count.
During Friday's testimony, Dr. Jim Kunkle, a veterinarian from Atlanta, Texas, said he checked the horses and the 40 acres. He said the pasture was "overgrazed" and full of bitterweeds.
Manure in the barn was 2 to 3 feet deep, he said. A water source was a boat sitting on the ground with a green slime substance and algae.
Manure in the barn was 2 to 3 feet deep, he said. A water source was a boat sitting on the ground with a green slime substance and algae.
Dr. Karen Paloone of Rosebud, Ark., testified she also examined the horses at the request of Kaleidoscope Horse Rescue Inc., who took the horses to a location in north central Arkansas. Dr. Paloone said the horses were severely anemic and were emaciated with bones showing. Blood tests showed a decrease in red blood cells, which carry oxygen to the horse's organs and tissue.
Dr. Paloone testified she was eventually paid about $600 by Kaleidoscope for the examinations.
A third veterinarian, Dr. Tommy Isbell, examined the horses when they were returned to Whitman in June 2005 and described the blood tests showing all the horses were in the normal range.
Evelyn Hansen of Los Angeles County, Calif., who also rescues animals, testified she learned about Whitman from the Internet Website of Kaleidoscope.
Hansen said she drove with a horse trailer to Ashdown with her husband to meet Whitman and help rescue the horses. Hansen described Whitman as passionate about horses and knowledgeable about caring for horses.
Hansen bought two of the horses and relocated them to her farm in Missouri.
"I have them on my farm in Missouri and the horses are wonderful today," said Hansen.
Joan Davis, who keeps financial records for Davis Feed in Ashdown, testified Whitman spent about $700 per month to feed the horses in 2004 and 2005.
She also described Whitman as "passionate" about her horses.
The trial has one more witness before closing arguments and jury deliberations start at 9 a.m. Monday. | Source: Texarkana Gazette - Nov 4, 2006
Update posted on Nov 4, 2006 - 3:44PM |
The appeal trial for a woman who was found guilty on four counts of animal cruelty last year has been rescheduled for Oct. 27 in Little River County Circuit Court.
The appeal trial for Susan Whitman originally was scheduled for June 30 but was postponed.
Whitman is appealing her conviction in Ashdown District Court and asked for a jury trial.
The delay was caused when a witness developed medical problems and was unable to attend. The witness was veterinarian Dr. Karen Paloone.
In Ashdown District Court Judge John Finley found Whitman guilty after a three-day trial May 27, 2005, on four counts of animal cruelty to horses. She was fined $1,600 and required to pay $400 in court costs. The charges were Class A misdemeanors with a potential sentence of one year in jail and a maximum fine of $1,000 on each count.
The affidavit for the arrest warrant, issued April 18, 2005, claimed four horses on Whitman's property on Arkansas Highway 108 were "so severely malnourished they needed to be removed for their own safety and treatment." The remark was based on a statement and observation by veterinarian Dr. James Kunkel.
The four horses were taken to North Arkansas and treated by Dr. Paloone, who is also a licensed veterinarian.
The affidavit said the horses lacked fresh water, the stalls for the horses contained about three feet of manure and there was a lack of grass for grazing in the pasture.
A total of 22 horses were seized April 29, 2005, under the order of Finley as part of the investigation. Since the May 27, 2005, guilty sentence, the horses were returned to the woman.
The initial investigation started in April 2005 after the Pulaski County Humane Society received calls from the Arkansas Livestock and Poultry Commission and individuals who live near the residence.
The initial investigation started in April 2005 after the Pulaski County Humane Society received calls from the Arkansas Livestock and Poultry Commission and individuals who live near the residence. | Source: Texarkana Gazette - Aug 18, 2006
Update posted on Sep 1, 2006 - 3:21PM |
Guilty is the verdict for a woman from Ashdown, Arkansas woman on four counts of animal cruelty.
More than two dozen horses were seized from Susan Whitman's home last month. Artex Animal Welfare officials say the horses were neglected and had serious health problems. District Judge John Finley says the horses' conditions have improved sufficently to have them returned to Whitman.
Finley says the sheriff will monitor the horses condition for one year. Susan Whitman was given a $2 thousand dollar fine, plus costs. | Source: KTBS - May 27, 2005
Update posted on Jun 2, 2005 - 10:28PM |
Susan Whitman, accused of cruelty to 27 horses and 27 dogs may face additional charges for hauling the dogs away before a search warrant was issued and executed on her property.
The investigation started after the Pulaski County Humane Society received calls from the Arkansas Livestock and Poultry Commission and individuals who live near the residence.
Little River County Sheriff Danny Russell started the investigation and was joined by Pulaski County Humane Society, the ARTEX Animal Welfare Association Inc. and a representative of the livestock and poultry commission.
"We're checking with our prosecutor to determine if we can charge her with a crime for taking the dogs off her property. We told her we would be back and would take custody of the dogs. Only the horses were placed under quarantine and could not be removed under Arkansas law," said Russell.
Russell, along with Dixie Wilson, president of ARTEX, questioned Susan Whitman, who is accused of abusing the dogs and horses.
Russell asked for permission to view the animals in Whitman's possession on her property. Whitman granted permission.
Inside the house, Russell allegedly found 20 adult dogs and seven puppies in various pens and kennels with some pens stacked two rows high. Urine and fecal matter was found throughout the house. Wilson said only two pens had water. Whitman said an Australian Shepherd, a large dog, was in a pet carrier because of a broken foot.
Wilson said no food was visible.
"Most of the animals were confined in containers that are too small, forcing them to stand or lay in their own waste," said Wilson.
The dogs were purebred Chinese Crested, Australian shepherds and poodles.
In a pasture west of the house and near a barn, 20 horses and seven colts and fillies were found. Wilson said many of the horses had split or broken hooves. Several horses reportedly had patches of hair missing and several had drainage from their eyes.
"All indicators are of poor nutrition, no vet care and general neglect," said Wilson.
The horses were Arabian bred except for one gelding.
The livestock and poultry commission investigators quarantined all of the horses Monday pending testing as required by Arkansas law.
A search warrant was issued by District Court Judge John Finley formally giving Russell and ARTEX authority to search the property and seize the dogs and horses.
Whitman came to the parking lot of a gravel operation where Russell was waiting along with representatives of ARTEX for other representatives of the agency to arrive to assist in the search of the property.
Dr. Jim Kunkle, a veterinarian from Atlanta, Texas, was used to document the abuse to the animals.
While waiting in the parking lot, Whitman gave an impromptu press conference a newspaper and television media representatives who were also waiting at the location for the search warrant to be served.
"I have nothing to hide. This will all come down to a matter of perception," said Whitman. "John Q. Public will be influenced by what the media reports. Anyone can complain."
While Whitman was conducting the press conference, someone called her on her cell phone. The person requested to talk to Russell. The person told Russell he needed a search warrant. Russell told the person on the cell phone, "I don't know who you are, but we have a search warrant and we're here to serve the search warrant and keep the peace."
Whitman talked to the person on the cell phone and after she completed the conversation, she told the news media to stay off her property.
Then Russell said it was time to serve the warrant and asked Whitman to drive to her house.
When she arrived, Russell reported to the media about 30 minutes later that all of the dogs had been hauled off the property.
During the afternoon, the veterinarian, representatives of the livestock commission and ARTEX were confiscating the horses and checking for additional abuse, said Russell.
The sheriff was uncertain what charges might be filed against Whitman.
Wilson issued a statement saying Whitman should be charged with cruelty to animals. Russell said it would be Monday before potential charges could be filed since the prosecutors were in Fayetteville attending a meeting.
"Based on the living condition and needs of the animals, it is our belief that the animals are in need of vet care and evaluation and should be removed," said Wilson. | Source: texarkanagazette.com - April 27, 2005
Update posted on Apr 27, 2005 - 4:48PM |
References
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