Save the Starving Horses TODAY

Animal Angels Horse Rescue in Wellington, Colorado, in Larimer County, allowed a horse named Dakota and a miniature donkey to starve to death a week before Christmas. Their bodies were left in the field, and coyotes ate most of the carcasses. On 12/24/2007 I witnessed John Forward, previous owner of property 12405 NCR 17, Wellington, CO attempting to bury a goat which died several days earlier. There are 32 other horses, donkeys, and mules on the property starving to death, as well as approximately 50 other farm animals which are being mistreated according to normal livestock husbandry practices. Three horses have been removed from the property. Two of the horses, which arrived at Animal Angels Horse Rescue in the spring of 2007, were rated on 12/26/2007 as a one on the Henneke scale by an experienced equine veterinarian. A one is the lowest score on the scale, which translates to "Animal extremely emaciated; no fatty tissue can be felt". Another, horse was rated as a 2 on the Henneke scale, which translates to "Animal Emaciated". Here is a link to the Henneke scale, which is a scientific method for judging a horse's body condition: http://www.kritters.net/hen/hen.html

A veterinarian's assessment was faxed directly to Larimer County Humane Society and Larimer County Sheriff's department on 12/26/2007. There are numerous witness of the animal neglect, including equine professionals, which are willing to testify and have come forth to the Larimer County Humane Society already.


We sign this petition and demand that the Larimer County Humane Society, the Larimer County Sheriff Department, and the Colorado Department of Agriculture charge Alesha Matchett of Animal Angels Horse Rescue with cruelty to animals under the Colorado Statute 18-9-202.

Photo album depicting starving horses: http://s252.photobucket.com/albums/hh6/AnimalAngelsofDeath/?start=160





Destiny, mother to the dead 2 y.o. colt Dakota:



Cheyenne, 7 y/o buckskin mare



Sinus abscess on Trinity, which a vet recommended by treated during the summer:




Protruding pelvic bone



Bloody lacerations



Skinny 2-year-old



Blood on ground





18-9-202. Cruelty to animals - aggravated cruelty to animals - neglect of animals - offenses.

Statute text

(1) (a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.

(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.

(1.5) (a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.

(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.

(1.6) As used in this section, unless the context otherwise requires:

(a) "Serious physical harm" means any of the following:

(I) Any physical harm that carries a substantial risk of death;

(II) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming; or

(III) Any physical harm that causes acute pain of a duration that results in substantial suffering.

(1.8) A peace officer having authority to act under this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section 18-9-204 and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order.

(2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), cruelty to animals is a class 1 misdemeanor.

(a.5) (I) Repealed.

(II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to complete an anger management treatment program or any other appropriate treatment program.

(III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person shall be ordered to complete an anger management treatment program or any other treatment program that the court may deem appropriate.

(IV) Upon successful completion of an anger management treatment program or any other treatment program deemed appropriate by the court, the court may suspend any fine imposed, except for a five hundred dollar mandatory minimum fine which shall be imposed at the time of sentencing.

(V) In addition to any other sentence imposed upon a person for a violation of any criminal law under this title, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals, shall be required to pay a mandatory minimum fine of one thousand dollars and shall be required to complete an anger management treatment program or any other appropriate treatment program.

(VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case.

(VII) This paragraph (a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when such treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 60 of title 12, C.R.S., the treatment of animals involved in research if such research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping.

(b) (I) A second or subsequent conviction under the provisions of paragraph (a) of subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section.

(II) In any case where the court sentences a person convicted of a class 6 felony under the provisions of this paragraph (b) to probation, the court shall, in addition to any other condition of probation imposed, order that:

(A) The offender, pursuant to section 18-1.3-202 (1), be committed to the county jail for ninety days; or

(B) The offender, pursuant to section 18-1.3-105 (3), be subject to home detention for no fewer than ninety days.

(III) In any case where an offender is committed to the county jail or placed in home detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter judgment against the offender for all costs assessed pursuant to section 18-1.3-701, including, but not limited to, the cost of care.

(c) Aggravated cruelty to animals is a class 6 felony; except that a second or subsequent conviction for the offense of aggravated cruelty to animals is a class 5 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for purposes of this section.

(2.5) It shall be an affirmative defense to a charge brought under this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock.

(3) Nothing in this part 2 shall be construed to amend or in any manner change the authority of the wildlife commission, as established in title 33, C.R.S., or to prohibit any conduct therein authorized or permitted.

History

Source: L. 71: R&RE, p. 472, 1. C.R.S. 1963: 40-9-202. L. 73: p. 381, 5. L. 77: (1) amended, p. 969, 58, effective July 1. L. 90: (1) amended, p. 1612, 5, effective July 1. L. 92: (1) amended, p. 412, 1, effective April 29. L. 97: (2)(a.5) added, p. 1569, 2, effective July 1. L. 2000: (2) amended, p. 1509, 1, effective September 1; (2)(a.5)(I) amended, p. 1375, 2, effective September 1. L. 2002: (1.5) and (2)(c) added and (2)(a), (2)(a.5)(I)(A), (2)(a.5)(II), and (2)(b) amended, pp. 1589, 1588, 1587, 26, 25, 22, effective July 1; (2)(b) amended, p. 1517, 204, effective October 1. L. 2003: (2)(b)(I) amended, p. 974, 9, effective April 17; (1)(a) amended and (1.6) and (1.8) added, p. 2093, 2, effective July 1; (1)(a), (1.5), (2)(a.5)(I)(A), (2)(a.5)(II), (2)(b)(II), and (2)(b)(III) amended, p. 1434, 30, effective July 1. L. 2004: (2.5) added, p. 509, 2, effective April 21. L. 2007: (1)(a) and (1.8) amended, p. 725, 5, effective July 1.

Annotations

Editor's note: (1) Amendments to subsection (2)(a.5)(I) by House Bill 00-1330 and House Bill 00-1422 were harmonized. Amendments to subsection (2)(b) by House Bill 02-1237 and House Bill 02-1046 were harmonized. Amendments to subsection (1)(a) by House Bill 03-1236 and Senate Bill 03-065 were harmonized.

(2) Subsection (2)(a.5)(I)(B) provided for the repeal of subsection (2)(a.5)(I), effective July 1, 2005. (See L. 2000, p. 1375.)

(3) Section 11 of chapter 197, Session Laws of Colorado 2007, provides that the act amending subsections (1)(a) and (1.8) applies to offenses committed on or after July 1, 2007.

Annotations

Cross references: For the legislative declaration contained in the 2002 act amending subsection (2)(b), see section 1 of chapter 318, Session Laws of Colorado 2002.


18-9-201. Definitions.

Statute text

As used in sections 18-9-201.5, 18-9-202, 18-9-202.5, and 18-9-204.5, unless the context otherwise requires:

(1) "Abandon" means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal.

(2) "Animal" means any living dumb creature.

(2.5) "Disposal" or "disposition" means adoption of an animal; return of an animal to the owner; sale of an animal under section 18-9-202.5 (1) (c); release of an animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.; release of an animal to another pet animal facility licensed pursuant to article 80 of title 35, C.R.S., or to a rehabilitator licensed by the division of wildlife or the United States fish and wildlife service; or euthanasia.

(2.7) "Euthanasia" means to produce a humane death by techniques accepted by the American veterinary medical association.

(2.9) "Livestock" means bovine, camelids, caprine, equine, ovine, porcine, and poultry.

(3) "Mistreatment" means every act or omission that causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering.

(4) "Neglect" means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.

(5) "Sexual act with an animal" means an act between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus, or genitals of the other. A sexual act with an animal may be proven without allegation or proof of penetration. Nothing in this subsection (5) shall be construed to prohibit accepted animal husbandry practices.

History

Source: L. 71: R&RE, p. 471, 1. C.R.S. 1963: 40-9-201. L. 90: (1), (3), and (4) amended, p. 1611, 3, effective July 1. L. 99: Entire section amended, p. 357, 3, effective August 4. L. 2006: (2.5) amended, p. 893, 1, effective August 7. L. 2007: IP amended and (2.9) and (5) added, p. 725, 4, effective July 1.

Annotations

Editor's note: Section 11 of chapter 197, Session Laws of Colorado 2007, provides that the act amending the introductory portion to this section and enacting subsections (2.9) and (5) applies to offenses committed on or after July 1, 2007.

Annotations

ANNOTATION

Annotations

Applied in McCausland v. People, 58 Colo. 303, 145 P. 685 (1914) (decided under former R.S. 08, 1910); People v. Allen, 657 P.2d 447 (Colo. 1983).