Diane and Thomas Silbaugh, formerly of West Bath Road, each have been charged with two counts of animal cruelty in Stow Municipal Court stemming from the seizure last month of 14 horses and five rabbits that humane officers say were abused and starving.
The second-degree misdemeanor charges separately state that the Silbaughs “did torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water,” according to court documents.
Humane Society of Greater Akron officers raided the property Feb. 19 after the landowner reported that the Silbaughs had abandoned the animals the day before when they were evicted from the property.
The horses had spent days in frigid temperatures without shelter, food or water, Humane Officer Tim Harland said after he and fellow Humane Officer Shannon O’Herron seized the animals.
West Bath Road resident Ken Filing said he has been concerned about the animals’ welfare for the past two bitter-cold winters but was surprised to hear there were 14 horses on the property.
“I thought she only had the seven horses I could see outside. The other seven were stuffed in the garage,” he said.
Filing said he noticed some of the horses wore the same blankets from the fall of 2013 through the summer of 2014.
“I noticed last year that they had very little hay until Humane Society officers visited. After that, there was a large round bale of hay, but it wasn’t covered,” he said.
During last month’s raid, humane officers called Happy Trails Farm Animal Sanctuary for help moving and fostering the horses, all thoroughbreds, and getting them needed medical attention, said Annette Fisher, executive director of the Portage County rescue group.
Foster homes
Fisher said four were taken to the Medina County Society for the Prevention of Cruelty to Animals; the rest were sent to foster homes.
Veterinarians assessed all the seized horses at the Equine Specialty Hospital in Burton, where Happy Trails was advised it would be in the best interest of some of the horses that the animals be euthanized due to severe neglect, Fisher said.
“Unfortunately, we had to have three of them euthanized,” she said.
The sanctuary kept one of the horses that was most seriously injured because the horse barn is equipped with a sling that can keep the ailing animal off its legs, Fisher said.
They named him Bentley. He was one of the horses that was euthanized.
“He had severe hoof neglect,” she said, as well as being underweight and malnourished.
This isn’t the first time that Diane Silbaugh, who has previous convictions for animal cruelty in Summit, Portage and Medina counties, and Fisher have crossed paths.
Fisher testified against Silbaugh in the Portage County case, and Happy Trails fostered many of the horses, she said.
Jail time
In that case, Silbaugh was sentenced to 180 days of jail time, 100 hours of community service and restitution. She also was ordered to not own or board horses for five years.
At Never Rest Ranch, Diane Silbaugh was boarding at least some of the animals for other owners. It was not immediately known if the animals involved in the current case belong to the Silbaughs or others.
The couple are ordered to appear in Stow Municipal Court at 8:30 a.m. Friday. Thomas Silbaugh also is ordered to appear in court at 8:30 a.m. April 2.
Fisher said that in light of Diane Silbaugh’s history she hopes a judge orders that she never be allowed near a horse again.
“I hope what happens is that she not be allowed near horses for another five years. I’d like to make it a lot higher, but I think that’s the limit of the law,” Fisher said this week.
(Ohio.com - March 18, 2015)
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