Humberto Rivas Uribe, 51, will be sentenced Jan. 5 at the same courthouse. He remains in custody in lieu of $250,000 bail.
Tuesday’s hearing occurred as a group of horse advocates picketed the front of the Morgan Hill courthouse, holding signs demanding accountability not only for Uribe but also for county officials they claim allowed his horses to reach such an unhealthy, malnourished state.
Superior Court Judge Alfonso Fernandez said a plea of no contest is the same as pleading guilty.
The plea was part of a deal with the Santa Clara County District Attorney’s Office.
Deputy DA Alexandra Ellis said Uribe agreed to serve 90 days in County Jail, plus five years of formal probation. He also agreed he will no longer own, have care or custody of any animals for a minimum of 10 years, and will attend counseling. During that time, Uribe and his residence and possessions will be subject to police search and seizure.
The precise terms of the settlement will be determined at the Jan. 5 sentencing hearing.
Uribe was charged with two counts of animal cruelty by the DA’s Office Nov. 14, according to authorities. His horses were seized by the county’s Animal Care and Control office Nov. 13.
A total of 38 horses were seized and authorities have been seeking healthy homes for the animals, some of which have been placed with equine rescue centers in the South Bay Area.
One of the properties Uribe tended was on Maple Avenue in Morgan Hill, and the other was on Center Avenue in Gilroy, authorities said.
When the animals were seized, they were found in various states of poor health, and most were emaciated and neglected, according to authorities.
The DA’s investigation began in September, following numerous complaints from South County residents and a series of news reports about the horses’ poor health.
Earlier this year, a concerned neighbor bought three of Uribe’s horses, while the Equine Rescue Center and Sanctuary in Paicines (San Benito County) purchased a dozen more, according to authorities. One of the horses purchased by ERC, a bay colt, died in September from complications due to intestinal parasites, prosecutors and horse advocates said. The colt died the day after Uribe sold it.
In late September, Uribe told the Times he acquired the horses from another rancher he has worked with for several years. He said the horses came to him in poor health and he was trying to nurse them before selling them to a rodeo.
Uribe continued to acquire even more horses after September, according to the DA’s office.
Helping Santa Clara County officials find homes for the seized and rescued horses is the Monterey County Society for the Prevention of Cruelty to Animals. That organization sent out a press release Dec. 10 seeking adopters for seven of the nine horses it rescued from Uribe, through Santa Clara County.
“Today, seven are healthy enough to be adopted, including Bradley, Bella Donna, Beca, Beso, Bonita, Bandit, and Bentley,” reads the press release. “The horses received rehabilitative care as soon as they arrived at the SPCA, including vaccinations, veterinary exams, deworming, long overdue dental care, hoof care, specialized feed and supplements, and lots of love.”
At least two Facebook groups—Morgan Hill Horses in Need and CENTER Horse Advocates—were set up this summer to document the condition of Uribe’s horses and bring awareness to the situation. Both groups remain active.
The Santa Clara County DA’s complaint against Uribe said his crimes took place from March through September 2014, but horse advocates picketing the courthouse and attending the hearing Dec. 9 said the neglect of the horses has been going on for at least two years.
Morgan Hill resident Trina Hinesar, a neighbor of Uribe’s on Maple Avenue, said she and other residents have called authorities many times in the last two years to report the animals’ poor health.
“I’m here just to keep the awareness up and to ask the DA why they’re not addressing Animal Control,” Hinesar said outside the courthouse Dec. 9. She and others accused the Animal Control office of failing to act on the horses’ mistreatment.
“There was no need for this to go on as long as it has,” Hinesar added.
About 15 protesters gathered outside the courthouse before and after the Dec. 9 hearing. Some went inside to attend the hearing while others waited outside with about the same number of handmade signs supporting the sick horses.
The horse advocates were frustrated and saddened by the outcome of Uribe’s hearing, insisting he should receive a heavier sentence than that proposed by prosecutors. One of the protesters cried upon hearing the result of the hearing.
“We’re unhappy with the 90-day sentence,” said Kim Baker. “And what about the $11,000 he received for (some of) the horses?”
She referred to the sum given to Uribe by the ERC for the 12 horses in September. Uribe should be required to pay restitution for that amount, the protesters said.
“He got off way too easy,” Baker said.
The protesters further argued that the owner of the properties that Uribe leased and tended should also be held accountable.
“There are things that just went through like a sieve,” said Sandy Petersen, a Gilroy resident and member of the county’s Animal Advisory Commission.
That commission advises county officials on policies and procedures on how to rescue, treat and take care of animals that fall under authorities’ care in unincorporated county areas.
Supervisor Mike Wasserman, who represents South County on the board of supervisors, said now that the horses are safe and Uribe is prosecuted, he is “focusing on the future.”
“This will be an opportunity to review and evaluate our existing policies and the adequacy of our resources,” Wasserman said.
Ellis said after the hearing that the DA’s criminal investigation did not focus on county staff’s handling of the situation nor the property owner. However, she said based on what she and other investigators have seen, there does not appear to be any criminal conduct on the part of county animal control or the property owner.
I guess laziness and apathetic performance isn't considered criminal conduct. If you don't care about animals, don't get a job in animal control.
Furthermore, Ellis added investigators did not have enough evidence to prove any animal cruelty crimes by Uribe before March, though she is aware of earlier complaints.
Anyone interested in adopting one of Uribe’s horses from Monterey County SPCA, or donating to their efforts, can call (831) 373-2631, or email info@spcamc.org.
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