[Top Dun]

The two guys who had 69 or so horses taken away from them and then sold before the trial?

Felony Charges in Michigan Horse Abuse Case Dismissed

by: Pat Raia
May 01 2008, Article # 11786
A judge yesterday dismissed the felony animal torture charges leveled against two Grass Lake, Mich., men in a case that began more than one year ago.
According to attorney Ronald J. Fabian, who represents defendant Matt Mercier in the case, Jackson County Circuit Court Judge Chad C. Schmucker dismissed three counts of felony animal torture against Mercier and codefendant James Henderson, Jr. The pair were charged with the felonies and one count of misdemeanor animal abuse in March 2007 after authorities seized a total of 69 horses owned by Henderson from a ranch operated by Mercier. In his five-page opinion, Schmucker ruled that the District Court erred in finding probable cause in the case. "There was no finding by the District Court to suggest that either of the defendants knew their actions were wrong at the time this crime was committed or that they intended to cause physical or mental harm to any of these three animals," said Schmucker. The pair will appear in Schmucker's court June 16 on the misdemeanor charge. Jackson County Chief Appellate Attorney Jerrold Schrotenboer said the prosecutor's office is "considering its options" in the misdemeanor case, but according to Fabian, the dismissal of the felony charges could open the door to further litigation. "Now that the felonies are gone," said Fabian, "the question becomes, can these guys sue the county for malicious prosecution?" Since the horses were seized, one was euthanized, three were adopted out, and the rest were sold to defray the cost of their care to the county. For more on this case see "Michigan Horse Abuse Debate Rages On" and "Michigan Horse Cruelty Case Stretches to Autumn 2008."
The Horse: Felony Charges in Michigan Horse Abuse Case Dismissed

[Jess!]

I hope he can get the horses back, if not sue to get the money he would have gotten if HE had been the one to sell the horses.

[Top Dun]

Animal control SOLD the horses at auction. They don't even know where all the horses went to that I know of.

Originally Posted by Jess!

I hope he can get the horses back, if not sue to get the money he would have gotten if HE had been the one to sell the horses.

[Jess!]

Originally Posted by Top Dun

Animal control SOLD the horses at auction. They don't even know where all the horses went to that I know of.

I know, it's horrible I'd sue the pants off the Animal Control, and if not the AC, the county, or city, or whatever else they can to get their money for those horses.

[Top Dun]

http://turn3vsjcac.blogspot.com/
Tuesday, April 29, 2008

Follow-up to "atrocity" letter

The Brooklyn Exponent saw fit to print a rebuttal:

Facts distorted in horse case

Dear editor,

I felt compelled to write a response to the letter by Pam Jarvis that was printed in the April 22, 2008, Brooklyn Exponent.

I became involved in this case on April 10, 2007 while donating hay -- and her facts are grossly distorted. This has dragged on for over a year and it is well overdue for trial. Jackson County bungled this case from the beginning. Many of the "facts" she brings up have already been voluntarily recanted by Jackson County Prosecutors and Animal Control.

What they told Pam is what they were telling the press. Anything to get they public's sympathy, support and donations. Now that the old prosecuting attorney has been "relocated" and a senior attorney has taken it on, he is trying his best to ascertain damage control.

Judge Schmucker is currently considering dropping all felony charges. (note: charges were indeed dismissed on 4/30) Is it really justification for taking everything these two men had over a possible pending misdemeanor charge?

One has to personally own and raise livestock to understand the situation. Is Pam a livestock owner?

Syringes are used to vaccinate livestock -- I'd be more concerned if I didn't find any on a farm of that size.

A dead horse cannot be buried in winter (frozen ground) -- a rendering truck had already been called and the carcass was moved to the driveway for pick up.

Hay, grain and water were on the premises.

Two elderly horses and one sick one were very thin. That happens with the old and sick -- and they were already separated and being fed extra before AC came in.

The hip problem with one horse occurred after AC took over -- horse was trampled by the others when AC was only feeding one round bale to a herd of 40 plus horses and they were fighting over it.

The horse with wire embedded had an appointment with the vet on March 17th that Mr. Mercier had to cancel because JCAC would not let him "remove" the horse for care, then they took 3 more weeks to get him in to a vet after the county seizure.

A 5 x 7 foot stall never existed on the premises.

Animal Control and Leelanau brought in some of the items that were donated, the money and many donated items "disappeared".

Incidentally, after numerous requests in writing to Leelanau Horse Rescue, a 501(c)3 non-profit organization, I was never given a receipt for my large donation. I'd love to see a list of donations, because my name and what I gave is nowhere on it.

Animal Control did not give a 10, 15 or 30 day notice to make improvements to their specifications.

Stalking charges? What a joke, all were laughed out of court for lack of justification to begin with. No assault ever took place and there were never any charges filed for such. What a waste of taxpayer dollars.

And what of the infamous "black chopper" that Officer Wheaton stated under oath that these two men were flying and was hovering over the farm in Grass Lake? One of many ridiculous accusations under sworn testimony that was sheepishly recanted by JCAC.

A short visit to www.GLHorsetruth.com would clear up all these misconceptions. All the trial transcripts are there, along with pictures that JCAC took immediately after the seizure of overweight horses with recently trimmed or shod feet.

Did you see any of the pictures taken at the auctions? Let's talk about atrocious.

I bought a Turn 3 horse at the September auction in Napoleon. It only took me 3 weeks to de-worm and put weight on his skinny frame. His spine, ribs and hip bones were prominent and his feet hadn't been done at all in the 6 months they had him. I have 'before' and 'after' pictures. This horse did not look this bad in April, 2007. How could I do in 3 weeks what the "experts" couldn't even maintain in six months?

Animal Control is not knowledgeable enough about livestock to attempt to maintain a herd of this size. They bit off way more than they could chew and they did these horses a grave injustice. They were in worse shape at the auctions than they were at seizure. Small wonder they were in such a rush to auction them off before winter set in. If they were unable to keep weight on or properly maintain these horses over the easy summer months, imagine how many dead horses in the driveway we would have seen this spring.

Thus far, these men have not been convicted of anything. Not even a misdemeanor charge.

It "saddens and frightens me" that if I have one sick animal out of 20, that the government can storm in, seize my personal property (trucks, trailers, saddles, computers, clothing, tools, etc) along with the remainder of my livestock and sell it all before I'd have my day in court.

If Pam believes everything she reads in the papers and was told by JCAC, maybe there's a bridge in Brooklyn she'd be interested in buying.

[kyryah]

It was terrible. The Turn 3 fiasco is the reason that to this day I keep all of my feed in plain view, and make sure to have date stamped photos where I can get to them but they cannot be siezed at all times. The photos are updated on a monthly basis.

Jackson county has a LOT to answer for. I hope that the people that stole and mistreated these men and animals pay for what they did. I always felt that this was wrong and that the owners were treated criminally.

A lot of the horses seized were in WORSE shape when they got to auction than they were when taken.

Kristina

[Top Dun]

http://turn3vsjcac.blogspot.com/

There is eye witness evidence that Turn 3 horses —
forfeited to Jackson County and subsequently sold at auction —
were sent to Canada for slaughter.

The mare who had not yet weaned the foal still nursing off of her at the second auction — whose foal was ripped away as it was sold to a different bidder as her frantic screams filled the sale barn — that mare, is dead.
The person who bought her from the auction, under the condition that we keep his identity unknown, has agreed to speak with the media and confirm that this mare was killed.

[kyryah]

Originally Posted by Top Dun

http://turn3vsjcac.blogspot.com/

There is eye witness evidence that Turn 3 horses —
forfeited to Jackson County and subsequently sold at auction —
were sent to Canada for slaughter.

The mare who had not yet weaned the foal still nursing off of her at the second auction — whose foal was ripped away as it was sold to a different bidder as her frantic screams filled the sale barn — that mare, is dead.
The person who bought her from the auction, under the condition that we keep his identity unknown, has agreed to speak with the media and confirm that this mare was killed.

OMG, OMG, OMG, I am just horrified by this.

Kristina

[Madamoiselle]

http://turn3vsjcac.blogspot.com/

There is eye witness evidence that Turn 3 horses —
forfeited to Jackson County and subsequently sold at auction —
were sent to Canada for slaughter.

The mare who had not yet weaned the foal still nursing off of her at the second auction — whose foal was ripped away as it was sold to a different bidder as her frantic screams filled the sale barn — that mare, is dead.
The person who bought her from the auction, under the condition that we keep his identity unknown, has agreed to speak with the media and confirm that this mare was killed.

That made me tear up. This is terrible. I remember thinking it then, and I'm still absolutely outraged of what happened to these horses and their owner. Looking at those before pictures I see NO starving horses. NONE, I see horses with thick rugged winter coats, fat and happy.

My horse is turned out on a dry lot over the winter, when it rains the dirt turns to mud-simple, who doesn't have muddy pastures in the winter? So now should the stable owners be worried about "abusing" the horses when most of them are pacing their stalls and neighing impatiently to be turned out in the morning? Because, you know, mud and horses just DON'T go together, that's soooo unnatural and cruel to them.

It literally makes me sick to my stomach

[Stormyheart6160]

I bet those who took and sold the horses don't have to suffer any real repercussions. They are protected more than the citizens of this country, simply because of their job title! It all makes me want to throw up!!!!

I feel for the people who lost their horses, and for the horses who lost their homes and their lives as a result of this fiasco! But, that's our law enforcement and judicial system.......they only look out for those affiliated with them. The rest of us can take a hike for all they care!!!!!! GRRR!!!