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Three starving horses stir local concerns
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| One of the photos of the starving horses taken by Nancy Dickinson. (Photo courtesy/Nancy Dickinson) |
By Dana Cole/wick communications
Some members of the community are concerned about the fate of three starving horses that were seized by state livestock officers from a property in Palominas on Aug. 20.
"People think the state plans to sell the horses at auction," said Brad Cowan, a former livestock officer who worked for the Arizona Department of Agriculture for 28 years. Cowan is advising residents to "calm down and allow the state to go through a process that must be followed before any decisions about the horses can be made." Part of that process includes a hearing where a judge will listen to testimony about the condition of all three horses. The judge also will hear from the current owner, Douglas L. Ray, who will likely be questioned as to why the animals appeared extremely underweight and neglected.
The hearing date has not been set, said Cowan, who has been following the case because of a firestorm of interest in the horses.
Laura Oxley, acting public information officer for the Arizona Department of Agriculture, says the system for removing a horse from an inhumane situation is designed to protect the horses, owners and community. "It's designed this way because many people are deeply passionate when it comes to their love for animals. The law is written to ensure a consistent response in these kinds of situations." Oxley said that once it's determined a horse needs to be removed, the animal is placed in a safe environment while waiting for the court hearing.
"We have to have faith in the justice system to continue that protection," she added.
The livestock officer assigned to the case may be asked for recommendations by the judge before a decision is made regarding the fate of the horses. After listening to the testimony, the judge may decide to give the horses back to the owner, or could decide to make them wards of the state. If the state takes possession of the animals, they could go to equine rescue organizations, to individuals who have expressed an interest in the animals, or they could be auctioned off.
"Everything is based on what the judge decides at the hearing," Cowan explained. "The amount of incorrect information being spread about this case is just amazing. The problem is, these people believe that every horse that goes to auction goes to slaughter. But a skinny, neglected horse has no value as a slaughter animal. For that matter, even a horse in good condition has hardly any value as a slaughter animal, especially now that all horse slaughter facilities across the country have been shut down by the federal government."
Horses purchased for slaughter have to be transported to Mexico or Canada, which is a huge expense, Cowan added.
The state livestock officer assigned to this seizure knows of a rescue organization that is interested in taking the horses, Cowan said.
Rescue founder's view
Steve Boice, one of the founders of Horse'n Around Rescue Ranch and Foundation Inc., a local nonprofit equine rescue organization, is willing to take all three. While Boice would like to see a more streamlined rescue process, especially in the case of starving horses, he firmly believes people need to step back and allow the state to go through the process as defined by law.
"The important thing is that the horses are being cared for," he said. "Nothing will hold up in court if people start interfering with what the state is doing to protect these horses, and that's something people need to think about when they get involved in these kinds of situations."
Due to budget cuts, state livestock officers are stretched thin, which can slow the rescue process, Boice added.
The livestock officer assigned to this case could recommend that the horses go to Horse'n Around, Cowan said. "But people need to remember, even if the horses go to auction, it's not a death sentence for these animals. This is an advertised, public auction where anyone can bid on them."
The horses, he added, are in good hands and are being cared for by individuals contracted with the state.
The horses had been picked up by state livestock officers Friday, Aug. 20, as it was considered an emergency by the Arizona Department of Agriculture, so the state lifted a work furlough on Friday to let two livestock officers - one from Nogales and one from Tucson - seize the horses.
Court records indicate this is not the first time Ray has been reported to law enforcement for criminal offenses, many of them animal-related, with a history of animal cruelty charges that involve poultry and horses.
"I've been working to get something done about this situation for months now, so I'm thrilled these horses have been removed," said Nancy Dickinson, who is Ray's neighbor and someone who sees the animals every day. She took photos of the three horses from her property and sent them to the Arizona Department of Agriculture, as well as to two local horse rescue organizations with hopes of sparking an expedited response from the state.
After speaking to state agriculture officials, Dickinson was told there was nothing residents or local animal control officers could do to help the horses, that the state requires such issues to be handled by livestock officers.
"So, every day, I've watched the condition of these animals deteriorate and have been told there's nothing we can do until the state takes action," Dickinson said. "That's when I sent out the photos. Once the state saw the photos, I was told that livestock officers would not be able to pick the horses up until Monday or Tuesday because of Friday's state-mandated work furlough. So I'm grateful to the state for recognizing the urgency of this situation and lifting the furlough. I don't think the white horse would have survived through the weekend."
Dickinson believes there should be changes in state law to protect animals from similar situations, especially in cases that involve repeat offenders.
Brad Cowan, a former livestock officer with the Arizona Department of Agriculture for 28 years, said before he retired in April, he had visited the property on three occasions to look at the horses. After seeing them for the first time in December, he recalls being concerned, but not overly alarmed about their condition.
"The horses were a little thin, and I had my concerns when I saw them," Cowan said. "The owner showed up while I was there, and we had our talk. I let him know that he wasn't doing right by the horses, but they weren't severe enough at that point for me to pick them up."
Cowan discussed a feeding program with Ray and told him he would be stopping by to check on the animals again. When he returned a few weeks later, he said all three had improved "quite nicely." Cowan returned to the property one more time before his retirement, and felt comfortable the horses were continuing to improve.
"During one of my visits, I spoke to Nancy Dickinson and we both felt the horses were looking better," Cowan said. "Because they were improving, it did not warrant seizing the horses from the owner, at least at that time."
But things changed.
"I started calling the state again when I saw the horses were losing weight, but they didn't seem concerned. And finally, I sent the photos," Dickinson said.
After seeing the photos on Wednesday, a deputy livestock inspector who works in this area contacted Cowan for advice.
"We had a brief conservation Wednesday morning and she said she had the photos, and the horses looked pretty sad," Cowan recalled. "I saw the photos later that day and after one look, I said, 'seize them.' I believed the state would consider this an emergency and that the horses needed to be seized as soon as possible."
Friday morning, the two livestock officers, along with a Cochise County sheriff's deputy and a county animal control officer, went to Ray's property and removed the horses, said Cowan, who stays in contact with local livestock officials.
Photos spark outrage
News of the removal spread quickly.
"I'm certainly glad the rescue was expedited," said Ann Jost, president of Care for the Horses, one of two local equine rescue organizations. "I give credit to our state livestock officials for acting so quickly. All three of those horses need help, but two are absolutely emaciated."
Jost added that because rescue organizations are required to "work within the guidelines of the law, it often takes much longer than this to remove the animals. It's one of the more frustrating things we deal with as a rescue organization."
Ray will have to appear before a judge, facing charges of neglecting the horses. If the court rules to take the horses away from him, all three have potential homes, with people who have requested them.
Ray could not be reached for comment.
For now, the seized horses are in state custody. "They are most likely in a holding area in Tucson until such time as this case goes to court," said Jost.
"The photos that I sent to different people went viral and horse organizations all over the country were outraged by what they were seeing," Dickinson said.
"The hardest thing for all of us was waiting for the system to work. And fortunately for the horses, the system did work."
THE PROCESS
When neglected, abused or abandoned horses are reported to the Arizona Department of Agriculture, guidelines must be followed to implement a civil seizure, the first step in removing the animals out of the situation. Concurrently with the civil process, a criminal case is being compiled.
"People think the state plans to sell the horses at auction," said Brad Cowan, a former livestock officer who worked for the Arizona Department of Agriculture for 28 years. Cowan is advising residents to "calm down and allow the state to go through a process that must be followed before any decisions about the horses can be made." Part of that process includes a hearing where a judge will listen to testimony about the condition of all three horses. The judge also will hear from the current owner, Douglas L. Ray, who will likely be questioned as to why the animals appeared extremely underweight and neglected.
The hearing date has not been set, said Cowan, who has been following the case because of a firestorm of interest in the horses.
Laura Oxley, acting public information officer for the Arizona Department of Agriculture, says the system for removing a horse from an inhumane situation is designed to protect the horses, owners and community. "It's designed this way because many people are deeply passionate when it comes to their love for animals. The law is written to ensure a consistent response in these kinds of situations." Oxley said that once it's determined a horse needs to be removed, the animal is placed in a safe environment while waiting for the court hearing.
"We have to have faith in the justice system to continue that protection," she added.
The livestock officer assigned to the case may be asked for recommendations by the judge before a decision is made regarding the fate of the horses. After listening to the testimony, the judge may decide to give the horses back to the owner, or could decide to make them wards of the state. If the state takes possession of the animals, they could go to equine rescue organizations, to individuals who have expressed an interest in the animals, or they could be auctioned off.
"Everything is based on what the judge decides at the hearing," Cowan explained. "The amount of incorrect information being spread about this case is just amazing. The problem is, these people believe that every horse that goes to auction goes to slaughter. But a skinny, neglected horse has no value as a slaughter animal. For that matter, even a horse in good condition has hardly any value as a slaughter animal, especially now that all horse slaughter facilities across the country have been shut down by the federal government."
Horses purchased for slaughter have to be transported to Mexico or Canada, which is a huge expense, Cowan added.
The state livestock officer assigned to this seizure knows of a rescue organization that is interested in taking the horses, Cowan said.
Rescue founder's view
Steve Boice, one of the founders of Horse'n Around Rescue Ranch and Foundation Inc., a local nonprofit equine rescue organization, is willing to take all three. While Boice would like to see a more streamlined rescue process, especially in the case of starving horses, he firmly believes people need to step back and allow the state to go through the process as defined by law.
"The important thing is that the horses are being cared for," he said. "Nothing will hold up in court if people start interfering with what the state is doing to protect these horses, and that's something people need to think about when they get involved in these kinds of situations."
Due to budget cuts, state livestock officers are stretched thin, which can slow the rescue process, Boice added.
The livestock officer assigned to this case could recommend that the horses go to Horse'n Around, Cowan said. "But people need to remember, even if the horses go to auction, it's not a death sentence for these animals. This is an advertised, public auction where anyone can bid on them."
The horses, he added, are in good hands and are being cared for by individuals contracted with the state.
The horses had been picked up by state livestock officers Friday, Aug. 20, as it was considered an emergency by the Arizona Department of Agriculture, so the state lifted a work furlough on Friday to let two livestock officers - one from Nogales and one from Tucson - seize the horses.
Court records indicate this is not the first time Ray has been reported to law enforcement for criminal offenses, many of them animal-related, with a history of animal cruelty charges that involve poultry and horses.
"I've been working to get something done about this situation for months now, so I'm thrilled these horses have been removed," said Nancy Dickinson, who is Ray's neighbor and someone who sees the animals every day. She took photos of the three horses from her property and sent them to the Arizona Department of Agriculture, as well as to two local horse rescue organizations with hopes of sparking an expedited response from the state.
After speaking to state agriculture officials, Dickinson was told there was nothing residents or local animal control officers could do to help the horses, that the state requires such issues to be handled by livestock officers.
"So, every day, I've watched the condition of these animals deteriorate and have been told there's nothing we can do until the state takes action," Dickinson said. "That's when I sent out the photos. Once the state saw the photos, I was told that livestock officers would not be able to pick the horses up until Monday or Tuesday because of Friday's state-mandated work furlough. So I'm grateful to the state for recognizing the urgency of this situation and lifting the furlough. I don't think the white horse would have survived through the weekend."
Dickinson believes there should be changes in state law to protect animals from similar situations, especially in cases that involve repeat offenders.
Brad Cowan, a former livestock officer with the Arizona Department of Agriculture for 28 years, said before he retired in April, he had visited the property on three occasions to look at the horses. After seeing them for the first time in December, he recalls being concerned, but not overly alarmed about their condition.
"The horses were a little thin, and I had my concerns when I saw them," Cowan said. "The owner showed up while I was there, and we had our talk. I let him know that he wasn't doing right by the horses, but they weren't severe enough at that point for me to pick them up."
Cowan discussed a feeding program with Ray and told him he would be stopping by to check on the animals again. When he returned a few weeks later, he said all three had improved "quite nicely." Cowan returned to the property one more time before his retirement, and felt comfortable the horses were continuing to improve.
"During one of my visits, I spoke to Nancy Dickinson and we both felt the horses were looking better," Cowan said. "Because they were improving, it did not warrant seizing the horses from the owner, at least at that time."
But things changed.
"I started calling the state again when I saw the horses were losing weight, but they didn't seem concerned. And finally, I sent the photos," Dickinson said.
After seeing the photos on Wednesday, a deputy livestock inspector who works in this area contacted Cowan for advice.
"We had a brief conservation Wednesday morning and she said she had the photos, and the horses looked pretty sad," Cowan recalled. "I saw the photos later that day and after one look, I said, 'seize them.' I believed the state would consider this an emergency and that the horses needed to be seized as soon as possible."
Friday morning, the two livestock officers, along with a Cochise County sheriff's deputy and a county animal control officer, went to Ray's property and removed the horses, said Cowan, who stays in contact with local livestock officials.
Photos spark outrage
News of the removal spread quickly.
"I'm certainly glad the rescue was expedited," said Ann Jost, president of Care for the Horses, one of two local equine rescue organizations. "I give credit to our state livestock officials for acting so quickly. All three of those horses need help, but two are absolutely emaciated."
Jost added that because rescue organizations are required to "work within the guidelines of the law, it often takes much longer than this to remove the animals. It's one of the more frustrating things we deal with as a rescue organization."
Ray will have to appear before a judge, facing charges of neglecting the horses. If the court rules to take the horses away from him, all three have potential homes, with people who have requested them.
Ray could not be reached for comment.
For now, the seized horses are in state custody. "They are most likely in a holding area in Tucson until such time as this case goes to court," said Jost.
"The photos that I sent to different people went viral and horse organizations all over the country were outraged by what they were seeing," Dickinson said.
"The hardest thing for all of us was waiting for the system to work. And fortunately for the horses, the system did work."
THE PROCESS
When neglected, abused or abandoned horses are reported to the Arizona Department of Agriculture, guidelines must be followed to implement a civil seizure, the first step in removing the animals out of the situation. Concurrently with the civil process, a criminal case is being compiled.
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Raymond A. Patrone wrote on Sep 10, 2010 2:38 PM: