Courting the Legal System

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The court system is a totally different animal. Those of us used to horse behavior will be baffled again and again by what appears to be quirky and counter intuitive. Hurry up and wait seems to be the rule.

One of the goals of Horse Advocates is to become more familiar, and in a sense, make friends with this process. We must depend on our courts and the more we understand them, the better help we will be able to be for horses caught up in this process.

On August 13th, the sentencing for the Brunzell/ Dual Peppy animal cruelty case will be announced. This story started when the authorities were called September 19, 2014, to find fourteen horses dead, in various states of decomposition under tarps, and ten horses and four llamas very thin and neglected. The case came to trial May 26-29, 2015, and Brunzel was found guilty on eight counts of animal cruelty. Now, just shy of a year from the first report, the sentencing is August 13th at 10am.

For horse people, this day has been a long time coming. The surviving horses have been kept at a Humane Society facility where they are getting the care they needed so badly. They have been safe this year and most have been returned to health. Dual Peppy himself was said to be in guarded health. He is older and his condition perhaps the worst of the group. We hope for a strong judgement against Brunzell, but we are most concerned about the horse’s fate, hoping that none will be returned to Brunzell. Hoping that the horses can be released to peaceful pastures and good care for the future.

The initial outrage about this horrific discovery was cooled off. By the time the case came to court, a handful of concerned citizens attended court and a larger number people followed it on our Facebook page. We need to remember, all these months later, what happened in that barn and see this story through, for the sake of those horses involved. We hope for a huge turnout for sentencing next week.

On August 12th, a case involving Ruby Ranch Horse Rescue and an adopter, Dawn Barden will come to civil court. This case has far-reaching implications for all animal rescue organizations, but we are especially concerned for the two mini horses involved, whose health was seriously challenged. Barden signed an adoption contract promising good care and feeding for Cookie and Misty. The contract included express instruction on dental care as well as feeding, etc.  On a subsequent visit, the minis were found to be very thin, with one of them barely able to chew, as the dental work had not been done. Ruby Ranch reclaimed them, as stated in the contract. The sheriff’s office order them returned back to the neglectful home three months later, as Barden had the brand inspection. Horse Advocates is extremely concerned for these horses.

This case is somewhat different because the animals involved were previously compromised. Their health was challenged by previous poor care and as such, the promise made by rescuers and adopters to rescue animals never again be in that dangerous situation. That trust is broken; there are no second chances for an adopter who didn’t honor her promise to keep them healthy. Ruby Ranch is standing up for Cookie and Misty, while other rescues look on, concerned for their adoption process as well.

This case involves breach of contract. In the time since November there has been pre-trial maneuvering through attorneys. It’s how the system works: Barden’s attorney files motions to dismiss, claims paperwork didn’t arrive, and doesn’t respond to requests from the rescue’s attorney. Required status reports have not been filed. It costs the rescue money, and Barden as well, but most of all, these minis are in jeopardy.  It’s frustrating. Delays abound while the minis languish, until in this case finally got to the presiding judge, who waived all the pre-trial meetings and motions. The antics ended as he ordered the case to proceed and the actual trial will be August 12th and with so much riding on this case, it’s crucial that the public fill the courtroom and send a message.

It is the job of Horse Advocates, as well as the community at large, to stay focused on these cases as months pass. We can’t let the passage of time wear down our resolve. As uncomfortable as it is to remember the pain these horses suffered, we must hold our concern for the equine victims in our hearts and minds, to bear witness not just to the discovery of the cases, but to see the cases through the court system. To hold a space for the equine victims, as the humans debate the merits. And finally, to stand for them as their perpetrators are sentenced.

Information will be updated (here) on our Facebook page as soon as the final court times are posted. We hope to see a crowd at both of these court dates next week. Please make the time for these horses and join us at the courthouse. And thank you for your patience.

For Dual Peppy and his herd, and especially for little Cookie and Misty, it all comes down to court and our vigilance there is a necessary ingredient. Our response to these cases will have an impact on future cases. Please stay with us, now most of all. Let’s get these horses the justice they deserve.