Case Details
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Case ID: 5900
Classification: Neglect / Abandonment
Animal: horse
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Case #5900



Horse neglect - 30 seized
Milton Township, MI (US)

Incident Date: Monday, Oct 31, 2005
County: Cass

Disposition: Convicted

Defendant/Suspect: Penny Lynn Harlan

Case Updates: 6 update(s) available

Cass County Sheriff Joseph Underwood announced the arrest of Penny Lynn Harlan on a 14-count cruelty to animals warrant.

Harlan, 47, was taken into custody at the Cass County Animal Shelter on Monday morning, Oct. 31, following her statement to animal control officers.

It is alleged Harlan moved 30 horses from a location in Van Buren County to Cass County on Oct. 5, 2005.

Cass County Animal Control officials became involved when a complaint was received concerning the conditions of the animals.

Following an investigation, which included a veterinary examination of the animals, the horses were seized pursuant to a search warrant as part of an ongoing criminal investigation.

Animal Control submitted reports to the Cass County Prosecutor's Office, which resulted in the issuance of a 14- count warrant for the arrest of Penny Lynn Harlan.

Harlan posted $1,000 bond and will appear in Fourth District Court in Cassopolis on Nov. 9.


Case Updates

Sheriff Joseph Underwood Jr. announced the Animal Control Division of his office will be conducting a sealed-bid auction of 25 horses that became property of Cass County by order of Fourth District Court on March 1, 2006. On Jan. 17, 2006, Penny Harlan pleaded no contest to two counts of cruelty to animals in Fourth District Court. As a part of her plea agreement, Harlan agreed to forfeit 14 horses to the county and to relinquish her ownership rights to another 16 uncharged horses.

In exchange for the plea agreement, the Prosecutor Victor Fitz's office will dismiss remaining charges and not ask the court for jail time at sentencing March 23, 2006. "The animal control department has developed a schedule to place the horses that now belong to the county", stated Underwood. "The department will be screening potential buyers of these animals and there will be a minimum bid on each horse so boarding and medical expenses can be recouped."Individuals may view the horses on the Internet by accessing the county's Web site, (casscountymi.org) and following the link on the Animal Shelter page. Individuals interested in being considered as a bidder on any of the horses must complete an application. Those applications are available at the Animal Shelter, 323 M-62 North, Cassopolis. The deadline to return applications is Monday, March 13, 2006.
Source: The Daily News - March 9, 2006
Update posted on Mar 13, 2006 - 6:49PM 
Cass County horse breeder has pleaded guilty to animal cruelty charges. Forty-seven-year-old Penny Harlan was charged with 14 counts of animal cruelty after police rescued 30 horses from her farm last fall.

Harlan pleaded guilty to two of the counts, while the other 12 will be dropped.

The horses were removed last month from their temporary home in Milton Township.

County officials say the woman appointed by the court to care for the animals had trouble paying for their upkeep.

Some of the horses have been returned to their rightful owners, while others will be auctioned off.

Harlan will be sentenced later this month.
Source: WOOD 8 - March 2, 2006
Update posted on Mar 6, 2006 - 3:15AM 
Penny Lynn Harlan, of Benton Harbor, has been charged with 14 counts of animal cruelty for malnourishing 14 horses. The 47-year-old has no prior record and faces up to 93 days in jail on the misdemeanor charges.

Harlan was set to have a bench trial on Jan 23 in front of Cass County District Judge Paul Deats, but her trial date has been postponed until Feb. 23.

Court documents also show that Harlan's trial will now be a jury trial instead of a bench trial.
Source: South Bend Tribune - Jan 22, 2006
Update posted on Jan 25, 2006 - 11:02PM 
Thirty horses in all are in court custody, being taken care of by a Niles farmer. The attorney for the owner of the horses says she would never abuse them, but a judge will decide next month whether or not neglect did take place.

The condition of the horses came to light when Harlan brought the livestock to Shari Weidman's farm in Niles.

The Cass County prosecutor says the animals were neglected, malnourished and suffered from infections. Harlan's attorney, Jim Boardman, says that's not true.

Says Boardman, "It's our contention that they weren't in horrible shape."

Boardman adds, "These horses are part of Penny's family. She loves them very much, she cares for them, she talks about them like they're her children."

Harlan brought the horses to Weidman, who notified authorities of the alleged neglect and is now caring for the animals.

She is also seeking donations to help pay for their care and feeding. Harlan's attorney says Harlan is sending Weidman checks every week.

Boardman explains, "Penny Harlan has been sending and still sends $450 per week to Shari Weidman for the feeding of these horses."

However, Weidman says that doesn't cover everything.

Cass County doesn't have money to pay for the care of the horses but is suing to have the horses become county property, after which they would presumably be sold at auction.

Boardman says, "We're talking about approximately $300,000 worth of livestock here, if we just talk dollars and cents. And whoever buys those from the county is certainly going to get a deal."

Harlan's attorney takes-issue with the abuse allegations leveled by Cass County Prosecutor Victor Fitz, including that numerous horses suffered infections and that "horses were in manure up to their knees".

Harlan's civil forfeiture hearing is January 9th and the criminal trial January 23rd.
Source: WNDU - Dec 9, 2005
Update posted on Dec 9, 2005 - 5:46PM 
Penny Harlan, 47, faces 14 counts of animal cruelty, after officials had to rescue 30 horses from her farm. She will go to trial in January

The community raised $3000 to help care for the animals, but more help is needed. It's been close to two months and Shari Weidman still has her hands full.

Oct 5th the Weidman's took in 30 horses pending a Cass County animal abuse case. Now, the herd has grown to 31.

"They say how did you get 31 all of a sudden? That's because our Mare had a baby-stud colt," explains Weidman.

More animals to care for, and now, there are fewer resources.

"At (costs at) least $125 dollars a day to feed these horses," says Weidman.

The $3,000 raised by the community is almost gone.

"What we have left is about $100," says Weidman. "Without their help, we can't go any further."

The county says it can't either. It can only afford to pay for emergency vet care.

"Our animal control division does not have enough money to take care of room and board for the horses," said Cass County Prosecutor Victor Fitz.

"There's no way I can take on the care of these 30 or 31 horses on a regular basis without the help of the community," pleads Weidman.

If you would like to help the Weidman family care for these horses, you can call Shari Weidman directly at 269-683-5939 for more information.

Right now, cattle panels and T-posts to build fencing are needed the most. This way, the Weidman's can separate the female and male horses.
Source: WNDU - Nov 30, 3005
Update posted on Nov 30, 2005 - 4:40PM 
Harlan was formally charged on Tuesday with 14 counts of animal abuse.

In all, 30 horses are in the court's custody, but are being cared for by Niles resident Shari Weidman. Now, she's asking the community for help.

Shari Weidman's farm has the room. "It's 20-acres and I have a 17-stall barn. I have a 50x100 in-door arena," describes Weidman of her now animal sanctuary.

The Niles newcomer never thought it would be filled so quickly.

"We moved here in the beginning of October, approximately a week later is when we got the horses," says Weidman.

Weidman and her family agreed to house 30 horses that Cass County Animal Control confiscated from 47-year-old Penny Harlan.

"They become your family. They all have personalities - each and every one of them. They grow on you," says Weidman.

"They were not being feed. They were malnourished and many of them had infections. Animal Control had no choice but to step in and literally save them from starvation," says Cass County Prosecutor Victor Fitz.

Harlan's website advertises her Benton Harbor breeding farm.

Prosecutor Fitz says she was in the process of moving her business to Illinois.

While the prosecutor wouldn't be specific, he says Harlan was temporarily keeping the animals in Cass County when authorities were tipped off to the neglect.

"(There were) some indications they were in manure up to their knees," says Fitz.

"It was just like skin hanging over their bones. Their hips weren't just sticking out - they were protruding very high off their backs," explains Weidman.

However, in the midst of turmoil that the horses have been through, new life is also in the near future. Weidman says that one of the mares is about to give birth.

Weidman has had the horses in her care for almost a full month, which has shown to be extremely beneficial in their recovery. "A lot of these horses have gained 100+ pounds since they have been in my care," says Weidman.

Weidman has received a small amount of donations thus far, however, most of the care for these horses has come straight from her pocket. While she was ready and willing to take care of the neglected horses, she says the county will not reimburse her for that care.

"I knew this when they first asked me to take care of the horses, but I was willing to do it. I mean when you look at the horses it's worth it," says Weidman.

The prosecutor says investigators are looking into allegations that horses may have died of neglect on Penny Harlan's farm.

Meanwhile, the Niles family rehabilitating the 30 horses needs all types of help from vet care to hay and money donations.

How you can help
If you would like to help the Weidmans in the rehabilitation of these horses, monetary donations for a variety of needs are particularly needed to continue in their road to recovery.

Here is a general list of supplies needed to continue the on-going care for these horses:

Shavings (For 17 stalled horses)
Water Buckets (24) with rings and hooks
Joint Supplement (8 horses)
Water-Troughs (For the pastures)
Feed Buckets (24) with rings and hooks
Wheelbarrows (1-5)
Barn Lime
Stall Forks (1-7)
Shovels (1-7)
Brooms (1-5)
Lead Ropes
Wormers - Zimecterin only
Fly Spray
First Aid Supplies (I.E. Wound Care, Liniment, etc.)
Grooming Supplies (I.E. Brushes, Combs, mane and detangler, shampoo, etc.)
Mineral salts blocks and pans

The following locations will accept monetary donations, along with the previously listed supply donations:

White Tail Acres Feed & Tack
65650 Dailey Road
Edwardsburg, MI 49112
269-663-0909
Closed on Wednesdays
(Can accept donations using a credit card at this location. Call for details.)

Ricks Tack and Supply
100 60th Avenue
Hartford, MI 49057
269-621-3069
Closed Sundays and Mondays

Hawkwood Farms
60777 Wood Road
Niles, MI 49120
269-683-3814
Closed Mondays

For additional information, email [email protected], or call Shari Weidman at 269-683-5939.
Source: WNDU - Nov 3, 2005
Update posted on Nov 3, 2005 - 6:01PM 

References

  • - March 3, 2006
  • « MI State Animal Cruelty Map

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