By Krystal Smalley
news@wbcowqel.com
The man who forfeited his neglected horse to the Humane Society Serving Crawford County was sentenced to jail Thursday afternoon.
Crawford County Municipal Court Judge Shane Leuthold handed down a 90-day county jail sentence to Benjamin Lowe, who pleaded guilty to cruelty to animals on Feb. 17. Leuthold suspended 15 days of the sentence and imposed the remaining 75 days with a reporting date of April 15.
“The difference is night and day,” Victoria Carmean, director of the Humane Society Serving Crawford County, said about the condition of Lowe’s former horse, Rudy.
Carmean provided photos taken of Rudy when he was seized by the Humane Society in January and photos taken of him just last week. She noted that Rudy’s spine and ribs were noticeable in January, but what was most concerning was the fact that the horse had no fat on his skull.
“That just shows the very dilapidated condition of the animal,” Carmean told Leuthold.
According to Carmean, the veterinarian who oversaw Rudy’s care upgraded his body condition from a 1.5 – near death – to a two out of 10. Grain was added back to Rudy’s diet and the vet suggested light exercise to build up muscle.
Carmean added that the veterinarian saw Rudy in January, when blood work was done, and again in February. Overall, the blood work came back normal, but the enzymes showed that malnutrition occurred.
“The horse is definitely on the road to recovery,” Carmean said.
Assistant county prosecutor Rob Kidd said despite the lack of physical violence, the situation still dealt with a neglected animal.
“The defendant very clearly hasn’t done his job of caring for the horse,” Kidd argued. “We have to take this seriously and send a message not only to the defendant, but other members of the community that neglect and cruelty will be taken seriously.”
Lowe declined to make a statement, but discussed the pre-sentence investigation he had with Municipal Court bailiff Tony Stover. According to that investigation, Leuthold said, Lowe purchased Rudy four years ago and boarded the horse. In the documents, Lowe claimed the horse developed a condition during the winter and did not want to eat. He also avowed that he fed the horse between 5 and 7 p.m. in the evenings while the owner and members of Red Rose Stables fed Rudy in the mornings.
“Despite that, the horse lost all of its weight,” Leuthold commented with skepticism.
“When winter hits, the horse just stops eating,” Lowe reiterated, claiming Rudy had issues with his kidney functions.
As Lowe made that claim, Leuthold once again referred to the investigation completed by Stover, during which the bailiff gathered information from Lowe’s veterinarian. The vet stated that vaccines and antibiotics were administered to Rudy in the spring months between 2012 and 2014. The veterinarian, who was visiting Rudy to give him vaccines in June of 2015, noted that the horse was doing better health-wise than 2014. The investigation revealed that the veterinarian never saw Rudy during the winter months and never indicated he had any kind of kidney malfunction.
“What you’re telling me doesn’t necessarily hold water with me,” Leuthold said, adding that he found it difficult to believe that the horse’s kidneys would only malfunction during certain times of the year.
Lowe did not provide Leuthold with evidence that he was taking care of the horse, whether it would have come in the form of a vet bill, a feed bill, or an eyewitness to his feeding schedule.
“Animals have no voice. Animals can’t cry out and say ‘I’m being mistreated,’” Leuthold said as he mulled over his sentencing decision. “So the question is why did you starve the horse?”
Leuthold believed Rudy would have died if no one had alerted the Humane Society to the mistreatment. He indicated that Lowe also knew how to take care of a horse after the judge viewed a photo of Rudy in healthy condition during the most recent Crawford County fair.
“People would be appalled,” Leuthold said over the neglect photos. “I can count this horse’s ribs . . . it’s shocking, it truly is.”
Leuthold also pointed out the healthier condition Rudy currently is in after being in the Humane Society’s care for two months.
“What kind of man goes to bed at night knowing you haven’t fed or watered that horse?” Leuthold questioned with disbelief. “Knowing you’re killing that horse. What kind of man does that? It disturbs me that you could be so cold and calculated and cruel to know that horse was dying.”
Leuthold believed he needed to send a message that it was not okay to starve an animal.
“I say this in all seriousness: a person that is willing to do what you did to their horse is willing to do it to a person,” Leuthold said. “To everyone in Crawford County – you’re not going to starve them (animals), you’re not going to thirst them.”
In addition to the jail sentence, Leuthold ordered Lowe to pay $749.20 in restitution to the Humane Society, which would cover two vet bills and transportation and boarding bills, to be paid by Oct. 31. Once Lowe completes his jail sentence, he will be placed on community control for five years with the special condition that he not own another horse. Leuthold also stated that no one in the home would be allowed to possess a horse on Lowe’s property.
Lowe can appeal the sentencing within 30 days.
RELATED CONTENT: Horsemen angered nothing done sooner for neglected horse | Severe neglect case ends with horse in Humane Society’s care