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Case #9304 Rating: 3.8 out of 5
Horse neglect - 8 seized
Brashear, MO (US)Incident Date: Thursday, Jul 13, 2006
County: Adair
Charges: Felony CTA
Disposition: Convicted
Case Images: 1 files available
Defendants/Suspects:
» Lawrence Wietholder
» Joann Wietholder - Not Charged
Case Updates: 7 update(s) available
A Northeast Missouri man who's been convicted of animal abuse in Illinois could be facing more charges, this time in Adair County, Missouri.
About a mile down Bison Trail, halfway between Kirksville and Brashear, you'll find a pasture with about 50 horses. They're owned by Lawrence "Bud" Weitholder of Greentop.
Some of those horses are in fine condition, others are not. Animal cruelty officials and the Adair County Sheriff's Department were called in to investigate July 13.
"The warrant is to search the property of Lawrence Wietholder here in Adair County," said Sheriff Leonard Clark.
"We've found horses that need to be assessed, and that's why we're here today. We're here to get a true picture of the condition of these animals," said Animal Cruelty Investigator Carman Skelly.
This isn't the first time Wietholder has been under the microscope. Last year in Illinois, Wietholder was convicted on two counts of felony animal abuse and one misdemeanor count.
There are about 50 horses on Wietholder's property in Adair County.
Some have open soars on their backs. Officials believe the wounds were caused by severe sunburn. Other horses appear to be suffering from malnutrition.
"Some of them don't look bad, but there are others in the lot that do look bad, ribs showing, hip bones showing," said Clark.
Eight horses were such bad shape the investigators from the Humane Society decided to remove the animals from Wietholder's property and take them to Long Meadow Rescue Ranch in Union, Missouri so they could nourish the horses back to health.
A hearing will take place in the next 30 days to determine what will happen with the eight horses.
The rest of the animals will remain on Wietholder's property with a list of recommendations on how they should be treated.
KTVO was unable to get a hold of Wietholder for comment, but his lawyer, Jesse Gilsdorf, says he is not surprised by the investigation. He says authorities have been following Wietholder very closely.
Case UpdatesWietholder, a resident of Greentop, Mo., submitted Alford pleas to criminal charges of voluntary manslaughter Feb. 11 and animal abuse Feb. 15. Even though the Missouri legal system accepts Wietholder's pleas as admittance of guilt, Tim Reuschel, his defense attorney, said he believes his client is innocent.
"I'm still convinced that my client is not guilty," Reuschel said. "I think it's important to note that these were both Alford pleas. ... In an Alford plea, you are saying that I still do not believe that I am not guilty, but I agree that there is evidence against me, so I am accepting the lesser punishment."
Adair County prosecutor Mark Williams charged Wietholder and his wife JoAnn in June 2006 with eight counts of animal abuse, torture and mutilation of a live animal, class D felonies. In September, Schuyler County officials arrested Wietholder, charging him with the murder of his wife. The death certificate of Wietholder's wife read that she died of "homicide by drowning," according to the Oct. 5, 2006, issue of the Index.
The charge was amended to voluntary manslaughter, a class B felony, the same day, according to a court docket sheet.
Voluntary manslaughter, under Missouri Revised Statutes 565.023, occurs when a person "causes the death of another person under circumstances that would constitute murder in the second degree ... except that he caused the death under the influence of sudden passion arising from adequate cause; or (2) knowingly assists another in the commission of self-murder."
The first circumstance is what is mentioned in amended felony information about the charge from Schuyler County.
Reuschel said Wietholder made the right decision in pleading to voluntary manslaughter, a class B felony, even though he thinks Wietholder did not murder his wife.
"I think it's an unfortunate situation," Reuschel said. "... There was evidence against him, but I think what they would have found him guilty [in a trial situation] of is assisted suicide - which also falls under voluntary manslaughter in the state of Missouri. I think he made the right plea."
Williams also said he is satisfied with the outcome of the Wietholder cases. Williams brought charges against Wietholder in the animal abuse case but was not involved with the manslaughter charge because the incident took place across county lines. The case eventually moved from Schuyler County to Linn County on Wietholder's request, according to a court docket sheet.
"Because of the murder charges down there, our case was kind of downplayed," Williams said.
Williams said that although Wietholder initially was charged with eight counts of animal abuse, Reuschel requested that the counts be consolidated into one charge.
"As long as the people who are involved are satisfied, then I'm usually satisfied [with the outcome of the case]," Williams said. "It's a hard question ... [because] this time horses are the identified victims. ... Before I agreed to the plea I had a talk with Carmen Skelly, who was the lead investigator in the case, and she went back and talked to her superiors [at the Humane Society]. ... They said they were OK with it."
Members of the Humane Society of Missouri were unavailable for comment, but Williams said that even with the consolidated charge, Wietholder received the maximum sentence of four years.
Between both crimes, Wietholder has been sentenced to 14 years of jail time but the 10-year sentence overlaps the 4-year sentence entirely, for a total of 10 years. The time also includes a 15-day sentence for an Adair County third-degree assault charge, a class C misdemeanor.
Reuschel said Wietholder will be eligible for parole in the near future.
"The Adair County charges were made to run concurrently with the Schulyer County charges," Reuschel said. "He's sentenced to 10 years total, but he'll serve about four. He'll be eligible for parole as early as two years from today - the time he's already served counts towards his sentence."
An October 2006 court order from Schuyler County appointed two individuals as Wietholder's guardians and conservators, according to court documents, and in November 2006, the court gave an order for the individuals to sell some of Wietholder's property. In August 2007, Northeast Regional Medical Center filed a claim of almost $23,000 against Wietholder's estate, which was approved in November. | Source: Truman State University Press - March 6, 2008
Update posted on Mar 9, 2008 - 12:55PM |
Margie Eickelschulte asked Judge Gary Ravens to not accept a plea of voluntary manslaughter from the man accused of drowning her sister, Joanne Wietholder.
But the man's seven children urged the judge Monday to accept the plea bargain, which could mean their father, Lawrence "Bud" Wietholder, could get out of prison in 3 1/2 years.
After hearing both sides present victim impact statements in the Linn County courtroom, Ravens agreed with the recommendation of Schuyler County Prosecutor Brenda Swedberg for a maximum 10-year prison sentence.
With day-for-day credit, Bud Wietholder, who has been jailed since his wife died in September 2006, could be out of prison by 2011.
"I understand this doesn't sit well. I'm sorry about that," Ravens said to Joanne Wietholder's sisters and other family members. "But if we try this case, we'll be right back here in the same situation in a few months."
Bud Wietholder admitted to authorities he drowned his wife in a pond on their Greentop farm in September 2006. He was charged with second-degree murder and entered an Alford plea Dec. 18 to the reduced voluntary manslaughter charge.
The Wietholders were married for 41 years. They were plagued in recent years with Bud Wietholder's legal troubles. He was convicted in 2006 of felony animal abuse in connection with horses removed from his sprawling farm near Camp Point, Ill.
They moved later that summer to Missouri.
Eickelschulte gave a wrenching victim impact statement and asked the judge "to remember the victim." She said Joanne suffered physical abuse at the hands of her husband, and she blasted Bud Wietholder, who sobbed and kept his head down while sitting and flanked by attorneys and his oldest son, James.
"You took a beautiful and vibrant woman and made her feel like she deserved nothing," Eickelschulte said. "(Bud Wietholder) allowed no one to go against him."
She also criticized him for saying he did not remember drowning his wife.
"He is not a broken man as he wants the court to believe," Eickelschulte said. "I never thought the deal should be offered. It is grossly inadequate and not justice for Joanne."
Eickelschulte warned that Bud Wietholder would "return to his own ways should he be released."
Swedberg said Joanne Wietholder's sisters and other family members "did not come forward" and said she stood by the plea bargain offer.
Carol Eickelschulte, another sister, said Joanne Wietholder "never took a break or sat down to rest" after she married Bud Wietholder. She said she was "truly offended" by the plea bargain.
"I feel the sentence should be at least 41 years, one for each year she was married to him," Carol Eickelschulte said.
Of the seven Wietholder children, two sons and two daughters gave statements. James Wietholder said his parents "were hounded" and "law enforcement could have done a lot."
"They cried for help. He needs help," James Wietholder said, wiping away tears. "We all need help."
He said the siblings have stuck together and realize "they have a lot of work ahead of us." He said his mother loved animals and told him the day of her death that she was getting rid of their remaining horses and all other animals.
Daughter Debbie Guthrie said her parents loved each other and disputed allegations of physical abuse.
"If I thought for one minute he was abusive, I wouldn't let my children stay with him, and they stayed with him a lot," Guthrie said.
Bud Wietholder's attorney, Tim Reuschel, said the plea bargain was the fairest solution for everybody involved.
"This is a tragic situation on all levels," he told the judge.
After the hearing, Bud Wietholder was quickly whisked away by Linn County sheriff's deputies. Joanne Wietholder's sisters then mingled with the children.
They hugged and cried together for at least 20 minutes in the courtroom.
"Really, that's what this should be about," Reuschel said. | Source: Quncy Herald News - February 11, 2008
Update posted on Feb 12, 2008 - 7:18AM |
Former Illinois horse farmer Lawrence "Bud" Wietholder entered an Alford plea this morning to a charge of voluntary manslaughter in connection with the death of his wife last year on their farm in Greentop.
Wietholder agreed to the plea - in which he did not admit guilt but admits the state probably has enough evidence to convict him - in exchange for a cap of 10 years in prison.
The state is recommending the 10-year sentence. Judge Gary Ravens will decide Feb. 11 if he will accept the plea bargain. Wietholder was originally charged with second-degree murder.Wietholder's trial originally was scheduled to begin today but was continued several weeks ago. His seven children attended the 40-minute hearing.
Wietholder, 62, was charged with drowning his wife at the couple's rural Greentop farm in September 2006.
Wietholder pleaded not guilty March 27 during an arraignment hearing in Lancaster, and the case was moved to Linn County on a change of venue request.
Joanne Wietholder's body was found near a pond Sept. 29, 2006, and authorities say Lawrence Wietholder admitted to drowning his wife. The couple raised horses near Camp Point for many years until last year, when Wietholder was found guilty of felony animal abuse by an Adams County jury.
Schuyler County Sheriff Don Bruner was the only witness during a March preliminary hearing. He testified about responding to the Wietholder farm to do a well-being check on Joanne Wietholder. Bruner did not say who asked to make the check, saying only that a deputy called him and he responded.
Bruner said he approached the Wietholder residence and met Wietholder at the door.
"He had his head down, in his chest, looking at the ground," Bruner said. "He said, 'I found her in the pond.' "
Bruner said Wietholder agreed to take officers to the pond, located behind a horse barn on the property. Bruner found the body near the pond covered with a blanket, and he identified Joanne Wietholder after pulling the blanket back.
Bruner said Joanne Wietholder's clothing was "wet, dirty and muddy." Bruner said she had a bump on her forehead and a scratch mark on her throat.
There were also drag marks from the pond leading to the body, Bruner said.
After a search warrant was obtained, Bruner said several items were seized at the farm, including a sledgehammer, clothes, a telephone answering machine and a ledger written by Joanne Wietholder.
The next day, one of Wietholder's children called Bruner and said they found Bud Wietholder's cap in the pond, Bruner said.
Wietholder sold his farm and moved to Greentop in the summer of 2006. He had a long history of animal abuse charges, but was never convicted of felony animal abuse until last year.
Wietholder was found guilty in March 2006 by an Adams County (Ill.) jury of felony animal abuse charges after a two-week jury trial. He was ordered to serve probation and deplete his herd to 30 horses. He was fined $15,550.
He sold his massive operation in Camp Point and moved horses to three farms in Northeast Missouri. In July 2006, eight horses were removed from Wietholder's farm near Brashear, and authorities also said Wietholder threatened a neighbor.
Bud Wietholder was charged with eight counts of felony animal abuse, while his wife was charged with eight misdemeanor counts. | Source: Quincy Herald-Whig - Dec 18, 2007
Update posted on Dec 18, 2007 - 2:06PM |
Lawrence Wietholder pleaded not guilty to the murder of his wife at his arraignment Wednesday morning in Schuyler County.
Wietholder retained his attorney, Tim Reuschel, the morning of the arraignment.
Reuschel, who declined to comment on the case, said at the arraignment he needed time to prepare for the preliminary hearing. The date of the preliminary hearing will be set Oct. 13.
Wietholder was charged with second-degree murder Saturday after he confessed to drowning his wife.
Schuyler County Sheriff Donald Bruner, who heard the confession, found JoAnn's body in a barn on the Wietholder property.
The prosecuting attorney for the case, Brenda Swedberg, said Wietholder was charged with second-degree murder because there was no evidence the murder was premeditated.
Wietholder was previously convicted of animal abuse for his treatment of horses in Illinois. He was also charged in August with eight counts of felony animal abuse after authorities investigated his Greentop, Mo., farm and he was scheduled to appear in court on those charges Nov. 8. JoAnn was also to appear on misdemeanor charges for animal abuse Nov. 8. | Source: Kirksville Daily Express - Oct 4, 2006
Update posted on Oct 4, 2006 - 7:27PM |
The wife of a Northeast Missouri man charged with felony animal abuse is also charged in the matter.
Joann Wietholder of Greentop now faces eight counts of misdemeanor animal abuse in connection with the alleged mistreatment of horses she and her husband, Bud, own.
In July, Adair County sheriff's deputies, along with a veterinarian, served a warrant at the couple's property at the end of Bison Lane east of Kirksville.
At that time, eight of nearly 60 horses on the property were removed by officials for immediate care.
Bud Wietholder remains jailed in Quincy, Illinois, where he's awaiting sentence on a animal neglect conviction.
He faces felony animal abuse charges in Adair County, Missouri. | Source: KTVO - Aug 28, 2006
Update posted on Aug 29, 2006 - 10:23AM |
A Northeast Missouri man already convicted of animal abuse in Illinois is now facing charges in Missouri.
The state veterinarian's office says eight horses were malnourished, had open sores on their backs as well as parasites, and that's what's led to eight felony counts of animal abuse against 60-year-old Lawrence "Bud" Wietholder of Greentop, Missouri.
The eight felony counts of animal abuse stem from allegations that Wietholder did not adequately care for eight horses that were removed from his property off Highway 6 east of Kirksville back in July after a law enforcement raid.
"Each horse is a year old, colt, filly, was the terminology that was used, and the main theme throughout the horses is each had parasitic infections, a lot had dermatitis infections and a lot were malnourished," said Adair County Prosecutor Mark Williams.
The state vet's office says due to limited availability of post-rescue management facilities, they were only able to rescue eight horses from Wietholder's property. Many of the other horses that were left were in borderline condition.
"They took the worst horses, not that there weren't other horses that needed to be taken, or needed care, but they took the eight worst," said Adair County Sheriff Leonard Clark.
Wietholder claims he hasn't been able to care for his horses after neighbors put up a fence along on a common road that he says prohibits him from getting to his horses.
"To me, if you have animals you need to take care of the animals and that's what I told Mr. Wietholder, the first time I talked to him. The animals are number one, the fence is a civil issue between you and neighbor but the care of the animals is a criminal matter," said Clark.
This isn't the first time Wietholder has been under the microscope when it comes to caring for his horses.
"We were able to charge it at the felony level because of his finding of guilt in Adams County on March 3rd 2006 by an Adams County (Illinois) jury because of that it enhanced it from an a class A misdemeanor to a D felony," said Williams.
Now it seems Wietholder's wife, Joyann, could be facing charges herself.
"I'm just waiting for information, I'm looking into charging Mrs. Wietholder. In a hearing that we had on the detention of the horses she claimed herself ownership of half the horses and the land so I'm looking to pursue charges," said Williams.
Local and state officials have also been investigating the Wietholders' property just west of Greentop, the allegations once again, involve suspected animal abuse. | Source: KTVO - Aug 21, 2006
Update posted on Aug 23, 2006 - 5:12PM |
A Northeast Missouri man under suspicion of animal neglect has been transported from the Adair County Detention Center back to Quincy, Illinois, where he is being held in the Adams County Jail without bond.
Sixty-year-old Lawrence "Bud" Wietholder of Greentop was picked up Tuesday afternoon and was supposed to appear in court in Illinois, but his court date has been postponed since his attorney was not prepared for Tuesday's hearing.
Wietholder has been convicted of animal cruelty charges in Illinois and is awaiting sentencing there in August.
The Illinois State Attorney recently issued a warrant for Wietholder's arrest after he allegedly threatened a neighboring Adair County property owner last Thursday evening following a law enforcement raid on his property off Highway 6 east of Kirksville.
"We have filed misdemeanor assault charges and misdemeanor peace disturbance charges against him. They filed for the post-conviction confinement and a warrant was issued based on that motion and they picked him up in Adair County. He waived extradition at the advice of his council," said Adair County Prosecutor Mark Williams.
Wietholder's next court appearance is July 28th. | Source: KTVO - July 19, 2006
Update posted on Jul 19, 2006 - 6:19PM |
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