Case Details

Neglect of 30 farm animals
Dover, NH (US)

Incident Date: Friday, Jan 3, 2003
County: Strafford
Local Map: available
Disposition: Alleged

Alleged: Nancy Gwinn

Case ID: 713
Classification: Neglect / Abandonment
Animal: horse, chicken, bird (other farmed), goat
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The owner of 30 farm animals seized by the New Hampshire Society for the Prevention of Cruelty to Animals has filed a formal document demanding her animals back, claiming the SPCA conducted the seizure by unlawfully entering her property.

Court documents dated Jan. 21 filed with the Rockingham County Superior Court state that owner Nancy Gwinn, 17 Church St., signed over her animals to the SPCA after employees unlawfully searched her property on Jan. 3, then returned later that day to confront her with an orchestrated seizure.

Gwinn�s attorney, Robert Fisher of Dover, alleges in the writ of replevin - a court document which demands the animals be returned - that his client�s signature that relinquished the animals was obtained by "improper harassment, intimidation and duress," after animal rescuers "unlawfully entered onto her property".

The SPCA claims the animals discovered at Gwinn�s 1.5-acre property were malnourished, neglected and had not had access to food or water for several days. In a Jan. 6 interview with the Rockingham News, MacDonald said it took a team of 10 volunteers and staff members to remove all the animals, which included the two horses, three goats, two ducks, three geese and approximately 20 chickens.

MacDonald said that Steve Sprowl, animal cruelty investigator for the SPCA, and a Lee veterinarian, had gone to Gwinn�s home earlier that day after receiving a tip about the condition of the animals. MacDonald said that contact with Gwinn was not made at that time, but while they were at the property, they determined that conditions and care for animals were inadequate, and warranted removal.

MacDonald stated that Sprowl and the team of animal rescuers returned about 4 p.m. that same day. Gwinn was made aware of the situation and upon being confronted by authorities, she voluntarily surrendered the animals.

The writ of replevin is asking a judge to order the SPCA return the two horses and three goats, valued at a total of $4,850, to Gwinn. There is no indication that Gwinn is demanding back any of the birds, some of which have been adopted.

"The two ducks and two of the geese have gone to new homes," MacDonald said. "Also many of the chickens have been adopted. The horses and goats are still under our care."

A week after the seizure, the SPCA released a veterinary report to Rockingham News that stated the horses were about 250-300 pounds under their normal weight, and that one of the goats was suffering from a painful separation of the hooves from her feet. At that time MacDonald stated that the findings could provide a basis for possible criminal charges against Gwinn.

Kingston Police Department will be handling the criminal investigation. Police Chief Donald Briggs Jr. said that his department did not receive the veterinarian�s report from the SPCA until last week, so the matter is still under investigation and no charges against Gwinn have been filed.

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References

Rockingham News

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