Judge finds no intent in animal cruelty case

Published 5:00 am Thursday, May 18, 2006

The president and vice president of a Lincoln County-basedrescue operation for large hoofed animals were found guilty ofmisdemeanor animal cruelty without criminal intent Wednesday inLincoln County Justice Court.

Jean Norton, 67, and Beverly Greenwood, 43, of 2274 MallalieuDrive, control the day-to-day operations of ChoctawRidge FarmsRescue in Ruth. The operation rescues hoofed animals from kill-salesituations, as well as animals surrendered by individuals.

“Cruelty to animals is not necessarily an intentional act. Alack of means leads to neglect,” said Judge Judy Case Martin duringher ruling. “I don’t have any doubt you two ladies love thoseanimals. I think your hearts are in the right place, but you needto try not to overload yourselves.”

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Martin withheld final judgement, but placed the women under sixmonths probation. A veterinarian appointed by the court willinspect the farm within the next seven days and make monthly visitsduring the probation period. The women will be required toimplement any changes recommended by the veterinarian within areasonable time period or face further court action.

The judge ruled the women must pay court costs, but did not levya fine. She said she would review circumstances at the end of theprobation before making that decision.

During his final arguments in Wednesday’s trial, CountyProsecutor Brady Kellums suggested the women not be fined.

“We have no doubt about their intent or desire to help animals,”he said. “But the facts are their hearts are bigger than theirwallets.”

The charges stemmed from a complaint by the Animal Rescue Leaguein Jackson to the Lincoln County Sheriff’s Department earlier thisyear.

In following up on the complaint, Sheriff’s Department Maj.Dustin Bairfield testified he visited the organization’s operationson Mallalieu Road and on leased property on Topisaw Road.

While inspecting the Topisaw Road location on Feb. 17, Bairfieldsaid he found the skeletal remains or carcasses of four horses anda cow.

He said because of the time of year there was no naturalvegetative growth for the animals to eat and the grain bins wereempty. He estimated 10-15 horses and cows were on the property, buthe did not take an inventory.

Norton said the animals are fed daily and the bins were emptybecause feed cannot be left for horses because damp feed can causethem to founder. She also detailed the cause of death for eachanimal, which included pneumonia and animal attacks by wilddogs.

Norton admitted, however, that initial attempts to get equipmentto bury the animals had failed and they “were going to try to getit done at a later date, but did not get it done.”

Bairfield testified there were no worrisome discrepancies at theMallalieu Road site.

Testimony then focused on the animals kept on the Topisaw Roadproperty, which ChoctawRidge Farms no longer leases.

Bairfield said his primary reason in pursuing the charge was forthe judge to issue “a form of probation to limit the amount ofanimals they take in.”

While on the stand, Norton and Greenwood testified to theoperation of the farm and its financing.

The farm, which has been in operation for about two years, is inthe process of becoming a registered non-profit organization, butthe paperwork has not been completed, Norton said.

In the meantime, it is being primarily financed by the personalincome of Norton and Greenwood, which is limited to social securityand disability.

Kellums repeatedly asked the defendants how they could pay forthe 1.5 tons of feed needed each week. Based on their own records,that resulted in a feed bill of approximately $2,000 to $2,300 permonth. Those figures did not include the many veterinarian visitsthe defendants received while caring for the animals.

“I can just tell you that the animals are not being starved,”Norton said.

The operation is heavily in debt, she admitted, but local feedstores work with them in postponing payments until a horse isrestored enough to be adopted for a small fee. They use those feesto try to catch up on bills, she said.

“You have to understand that these animals are in very poorshape when we get them,” Norton said. “Some never gain weight,despite diet supplements.”

Greenwood said some horses cannot be saved and must beeuthanized.

Others can make a good companion horse, but can never be ridden.Some recover completely.

“I can’t make them all cosmetically to be what people want tosee,” she said. “Some things can’t be cured and some neverrecover.”

After the ruling, Greenwood said she did not fault the judge inher ruling, but did not agree that the animals were neglected orabused.

“I don’t think we’ve ever denied we are financially in need, butI think the main fact is that the animals are being fed properly,”she said. “I feel like she had the concern of the animals inmind.”