Kentucky FAIL - Larry Browning Horse Abuse case

[Plainandtall]

Kentucky did it again- totally dropped the ball following up on a signed sealed and delivered animal cruelty case.

This is the farm that the local kids on the schoolbus called “Horsie Holocaust”

This part of the update story just breaks my heart (Pracht is the Animal control officer)

"Pracht learned Tuesday authorities dropped all but four of the disposal charges against Browning after being told his testimony would not be needed at trial.

“I was pretty much disgusted by the case,” Pracht said. “I feel I should have had my time in court to testify.”

http://www.wcpo.com/news/region-northern-kentucky/larry-browning-man-pendleton-county-man-animal-control-officer-pendleton-county-drops-14-animal-abuse-charges-against-butler

Old news stories about the case:

Farm owner denies cruelty after 49 dead horses found

http://www.wcpo.com/news/region-northern-kentucky/officers-remove-dead-horses-from-northern-kentucky-farm

Man charged with animal cruelty after 49 dead horses found on his Kentucky farm

http://www.ratemyhorsepro.com/news/kentuckys-walking-dead-larry-brownings-horses.aspx

[LLee]

Here is the problem with getting animal cruelty cases through the judicial system:

The laws are not specific enough to get the cases successfully prosecuted, in many of the unfortunate cases we are all aware of. The laws of each state/municipality are varied but in the case of horses, not nearly specific enough to define “cruelty”. For instance, no laws to define pasture space/quality/turnout minimum, stall time, minimum feed, minimum vet assistance, minimum worming regimen, minimum foot/farrier care (or even requiring a trained farrier!). So there are a lot of “grey” areas when trying to convince a jury that cruelty is actually taking place. And THEN, especially in the land of “good ole boys” there is the problem with taking away their RIGHT to treat their animals any way they chose. We have had cases in my county of horse cruelty that any SANE equine owner would never have had to think about twice, yet these cases either didn’t make it court (failed to prosecute) or were dismissed. The owner sweet-talked his way around it with all kinds of “farmy” excuses and either the judge was also a farmer (not wanting to set precident) or the prosecutor just didn’t have enough specifics within the law to make his case. Vague laws result in few or no successful prosecutions.

Until laws are changed to be much more specific and enforceable, animal cruelty in the equine world is going to remain prevalent and unenforced on a regular basis.

[Plainandtall]

I’m sure if the AC officer was able to present photos of freshly dead emaciated horse carcasses entangled in barbed wire- that there isn’t a reasonable soul on Earth who would have any confusion about what is and is not cruelty.

[Guilherme]

How many here have ever prosecuted an animal cruelty case? Either directly or as an associate? Despite the florid rhetoric they are not “slam dunks.”

Animal cruelty, like beauty, tends to lie in the eye of the beholder. How many stories do we see of people complaining that a horse has been “blinded” by a fly mask? Or has no hay in their stall (and has a BCS of 7)? Or is “dead” (but just sleeping)? Would “defined standards” help? If I wrote the standards, then yes. If PETA or ASPCA writes them, then NO!!! See the problem?

Jury trials are expensive in terms of time and money. If a plea can be had that will bring a matter to a reasonable solution then that’s what will happen. That’s what ought to happen. Did anyone here read “the rest of the story”? Note the conditions of the plea?

G.

[LLee]

[QUOTE=Plainandtall;7951281]
I’m sure if the AC officer was able to present photos of freshly dead emaciated horse carcasses entangled in barbed wire- that there isn’t a reasonable soul on Earth who would have any confusion about what is and is not cruelty.[/QUOTE]

Sorry, but any “good ole boy” farmer will assure a judge/jury that barbed wire is necessary for his pasture/s (it’s the cheapest way to go) and the cows don’t seem to have a problem with it, and that horse was really old and/or didn’t take well to worming, and he gave it hay but it wouldn’t eat…on and on and on. Guess what? That very same thing happened here, and the guy got off. Because it sounds reasonable to a cheapskate who won’t spend $$ on his animals and it’s always been done that way around here and nobody else in the area wants a precedent set about how to take care of OUR animals. Don’t need no government bureaucrats telling US how to run our farm.

They don’t put horses/mules down, they just let them waste away because it’s cheaper. Always been that way. Ain’t gonna change.

[LauraKY]

The good old boy network is alive and well in KY. I have to say that it’s a small step in the right direction that the AC even attempted to go after the abuser. That’s pretty rare. You know what they say about KY…“When the end of the world comes, I want to be in Kentucky because it’s always 20 years behind the times.” ~ Generally attributed to Mark Twain.

[LLee]

[QUOTE=LauraKY;7951339]
The good old boy network is alive and well in KY. I have to say that it’s a small step in the right direction that the AC even attempted to go after the abuser. That’s pretty rare. You know what they say about KY…“When the end of the world comes, I want to be in Kentucky because it’s always 20 years behind the times.” ~ Generally attributed to Mark Twain.[/QUOTE]

So true. And in the Carolinas, too.

However, I did come across this faint ray of sunshine the other day…http://www.citizen-times.com/story/news/local/2015/01/05/dog-horse-neglect-new-focus-county-officials/21291965/

It appears that one local government just might be trying to deal with the problem. We’ll see how it goes… Not gonna happen any time soon in my area, for sure. But, once something like this goes into law, other municipalities will be looking to copy it AFTER it has been on the books for a while and there is a success rate established. It’s not uncommon for cities to copy other cities laws, because it’s easier and faster than writing a new law from scratch.

[luvmytbs]

[QUOTE=Guilherme;7951292]
Did anyone here read “the rest of the story”? Note the conditions of the plea?

G.[/QUOTE]

Browning was charged with 14 counts of cruelty to animals and 49 counts of failure to remove the carcasses within 48 hours.

Browning plead to an Alford Plea of 4 counts of failure to remove carcasses.
Browning is allowed to keep the five horses he has and had to pay back the county $7,500 for the horses care during the case.
He is also not allowed to add any more horses to those five for 18 months.

He’s already back up to seven as of last week, which has been documented.

It was the same story throughout this whole ordeal, the Judge ordering no horses on his property while this was going through the system, yet horses were coming and going from and to auctions the entire time.

[findeight]

This guy got into more trouble because many of the 49 dead horse carcasses were in the designated watershed area then the fact they died of neglect.

And he’s been at auctions recently, bidding and buying. Some of the horses are not in that bad a shape, especially the ones by the barn, but looking more carefully reveals others that don’t look so good.

[luvmytbs]

The improper disposal also has a back story.

The county pays for 10 dead livestock pick-ups annually.

Apparently they cut Larry Browning some slack on the number 10, but when he reached 50 “free” pick-ups in a 12 months period, they cut him off. That’s why another 49 dead horses were found on his property.

[LookmaNohands]

Kentucky has got to be the worst state in the country on animal welfare.

Sick.:no:

[ReSomething]

Close to the worst if not THE worst. I think Laura posted the map of the worst states once and KY was in the top three. It’s revolting.

We really are behind the times in so many ways, great at the DMV but there are other aspects that just break your heart.

[luvmytbs]

Here is the horse that is shown in the above media clip, at intake:

http://i35.photobucket.com/albums/d193/luvmytbs/Browning/23b_zpsb9b44af2.jpg

Another:

http://i35.photobucket.com/albums/d193/luvmytbs/Browning/10174868_622021814543535_2991439366748036774_n_zpsaf04aaee.jpg

One of the 49 found dead (notice the bark eaten off the tree?):

http://i35.photobucket.com/albums/d193/luvmytbs/Browning/10541872_10202608231229293_8363395941397961800_n_zps9d2ecd83.jpg

[Plainandtall]

Very sad development- the Animal control officer resigned.

This article contains graphic photos:

http://www.ratemyhorsepro.com/news/equine-cruelty-investigator-quits-due-to-lack-of-prosecution-of-larry-browning-case.aspx

[luvmytbs]

[I]Browning entered an Alford plea to four counts of failing to dispose of carcasses. Under the Alford plea, Browning is not admitting guilt, just that there is enough evidence to convict him. He received a sentence of 30-days jail suspended, unless he is found in contempt of court, 18 months diversion, and a lien was put on his residence until he pays $7500 in restitution, according to the judge’s office.

Browning is allowed to have a total of five horses, which are noted in the court record and cannot be switched out. According to Officer Pracht, Browning is violating his agreement. “He should already be in contempt of court. I notified the prosecutor’s office Friday that he has seven horses. We’ll see what they do about it.”
[/I]

Haha, a lien on his property? It’s been on the market for some time now and it appears no-one wants to buy that hell hole.

We’ll see how the County is going to address the fact that he is already in violation of the plea agreement. Browning has been laughing at them all along.

[luvmytbs]

Who wants to suggest that this case was handled correctly?

https://melissacooper177.wordpress.com/2015/01/14/horrific-abuse-neglect-and-death-in-pendleton-county-ky-with-larry-browning/?preview=true&preview_id=3&preview_nonce=4cc8174be3&post_format=standard