More probation, not jail time, for Salt Springs animal poisoner

FLORIDA -- A county judge on Monday reinstated probation for the Salt Springs man whose backyard poison, placed with the intention of warding off unwanted creatures, caused the death of both wildlife and neighborhood pets.

On Sept. 9, Jerry Rushing, 76, pleaded no contest to various misdemeanor animal cruelty charges. County Judge Jim McCune sentenced him to a total of two years probation.

On Oct. 22, Rushing was re-arrested on a warrant for failing to comply with a condition of that probation: finding a new home for some of his animals before a court-imposed Oct. 1 deadline.

The probation department suggested Rushing be released on his own recognizance.

Defense attorney Charles Holloman said his client had tried to get rid of the chickens but had been unsuccessful. After the deadline passed, Rushing did relocate the birds, according to Holloman.

Rushing's neighbors, upset by the violation, sent a notice of objection to the recommendation by probation to the judge and the lengthy document was placed in the court file.

In the document, among other concerns, the neighbors said Rushing had not done all he could to relocate his birds by the deadline. The neighbors asked for Rushing to be jailed for no less than 30 days and for him to serve the full two-year probation term.

Holloman filed a motion to strike the neighbors' recommendations, stating they are not a party in the case nor did they provide any names or contact information in their objection. Holloman also took issue with the neighbors' “prejudicial” attempts to influence the justice system by sending the objection to the judge.

Toward the start of Monday's hearing, McCune told the courtroom he had received the objection, but noticing a lack of signatures and the fact that the State Attorney's Office had not signed off on the objection, he stopped mid-read until the hearing.

During the hearing Assistant State Attorney Farheen Khan did not address the neighbors' concerns any further.

“Your honor, the state would recommend reinstatement of probation,” Khan said.

Rushing pleaded guilty to the probation violations and was reinstated to probation. The three days he spent in jail was considered part of the sentence. The judge withheld adjudication.

(Ocala - November 24, 2014)