Robert Silver was convicted in Polk County Circuit Court on Tuesday and sentenced on two felony counts and 16 misdemeanor counts of animal neglect in connection with the massive case that came to light a year ago.
Judge Norman Hill also ordered Silver to serve three years of post-prison supervision and to pay more than $15,000 in restitution jointly with his wife, Jocelyn Silver, a co-defendant in the case until she pleaded guilty earlier this year.
The couple owned Jocelyn's Alpaca Ranch, a 20-acre property on Parry Road in Falls City, where authorities seized 175 malnourished and dying alpacas after neighbors complained about poor living conditions for the animals.
Deputies and veterinarians visited the ranch twice in December 2013 and found that the entire herd had not received basic care. Jake Kamins, animal cruelty deputy district attorney for the state of Oregon, said the first time they went, they hauled away 17 dead alpacas. The second time they went, they took 41 dead alpacas off the property. The rest were sent to the College of Veterinary Medicine at Oregon State University for emergency care.
Jocelyn Silver pleaded guilty and was convicted on one count of first-degree neglect and one count of second-degree neglect in June. She received three years of supervised probation along with restitution fees, according to court records.
Silver's three-day trial ended with a unanimous guilty verdict Dec. 11.
In court on Tuesday, defense attorney Timothy Park objected to the state's request for seven years of incarceration for Silver, considering that his wife did not receive any prison time. He argued that a short local jail sentence would be as effective as a long prison sentence.
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| There were as many as 200 being kept on 3 acres with little or no food. They were eating anything within reach including the tree bark. |
When Hill asked whether Silver had anything he'd like to say about the sentence, the defendant said he was sorry.
"I'm extremely remorseful for what happened. I'm extremely apologetic," Silver said from behind a glass barrier. "I was not aware of the cross-country rescue people ... I'd like to make amends however I can."
Hill decided in the end that Silver deserved a heavier sentence than his wife because prior to his sentencing hearing, he had never expressed remorse for the dead and neglected alpacas.
"There was no evidence that she controlled the money," Hill said to the courtroom. "The money for the feed was controlled by Mr. Silver."
Hill also noted that evidence throughout the case showed that Jocelyn Silver was remorseful, had helped clean up the situation and was commended by the animal rescuers that helped the alpacas.
Silver's "position was that there was nothing wrong," Hill said. "He did nothing to try and remedy the situation. He didn't offer to clean up. He didn't offer to do anything."
Silver's criminal history, which included theft and assault charges from about 15 years ago, also was taken into consideration. And in speaking directly to the defendant, the judge appeared firm.
"Mr. Silver, you engaged in behavior that can only be described as reprehensible."
After the hearing Kamins and neighbor Susan Heite, who also witnessed the alpacas' living conditions before the Silvers were charged, said they were happy with the outcome.
"It's gratifying the judge took this really seriously," Kamins said. "He had the ability to take it all the way down to nothing."
"It was horrible," Heite added. "It had been bad for three years. The last couple months were really bad. I'm glad he gave him 36 months. Maybe it'll make someone else stop and think before they do something like that."
(Statesman Journal - Dec. 24, 2014)
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