Both Diane K. Silbaugh, 62, and her husband, Thomas J. Silbaugh, 58, pleaded guilty to one count of cruelty to animals, and the three other counts were dismissed. Stow Municipal Judge Kim Hoover immediately sentenced the Silbaughs to 90 days in jail.
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| Throw them into a barn and leave them to lie in their own urine and feces. Don't give them any food or water either. |
Officers for the Humane Society of Greater Akron removed 14 horses and five rabbits from a house on West Bath Road in Cuyahoga Falls on Feb. 19. All of the animals were found without adequate food, water or shelter, according to the Humane Society, and some were in need of immediate medical care.
Both Diane and Thomas Silbaugh also are to serve 12 months of probation and submit to a mental health assessment.
Each of the Silbaughs was fined $750 and together they were ordered to pay $12,296.82 in restitution to Happy Trails Farm Animal Sanctuary in Ravenna Township for veterinary expenses and care for the seized horses.
"I was pleased with the sentence because often sentencing for animal abuse cases stop short," said Annette Fisher, executive director of Happy Trails. "In this case, the sentencing required a mental health assessment and follow-up treatment, hopefully helping to stop the cycle of abuse that has now followed the defendant through three counties in Ohio."
According to Fisher, the rescued horses have been signed over to the Summit County Humane Society, which, in turn, will sign them over to Happy Trails. The horses continue to reside in pre-approved private foster homes, she said, and many of those caregivers are opting to adopt the horse they are fostering.
Some of the rescued horses will be available for adoption, and Fisher said information about them will be posted on the Happy Trails website: info@happytrailsfarm.org.
During the court appearance, defense attorney Thomas Loepp, said the case "originated … out of an eviction attempt."
"My clients were residing in a home that was controlled by Diane's brother," Loepp said. "The Humane Society and/or the police were called out to the property after the brother or someone on the brother's behalf unplugged heaters that were being used to heat water the horses would have had access to in the winter."
Loepp said the couple took in horses for people who were not able to care for them, either physically or financially.
Hoover ruled that Thomas Silbaugh, who attended the court proceedings in a wheelchair, may serve his time on house arrest, with no release other than for medical needs, "because you already suffer the indignity of failing health."
Thomas Silbaugh has lived in a nursing and rehabilitation facility since February. He said he expected to be released in about two weeks "since the insurance company cut my insurance" and live with his wife; however, Diane Silbaugh was immediately taken into custody to begin serving her 90-day sentence.
"I'm sorry for everything that happened," Diane Silbaugh said.
"Sorry?" Judge Hoover asked, quickly adding, "There's three animals (horses) that have been put down … You talk about the humanitarian (motive) or the love of animals. … You take in strays, so that's why you have all these horses. … That's got to be the worst rescue service I've ever seen."
"I was out there every day taking care of them," Diane Silbaugh said.
"I saw photos," of open wounds, matted hair and untrimmed, crippling hooves, Hoover said. "If we had an orphanage to take in children that were unwanted, would we allow them to starve, skin rot, because that would be not a humanitarian act if we took in children and didn't take care of them, would it?" he asked Diane Silbaugh. "If I take them in because they're unwanted and then I don't feed them, don't groom them. … That goes beyond cruelty."
Prosecutor J. Jeffrey Holland said Diane Silbaugh had a previous conviction for animal cruelty. That conviction -- following her guilty plea to charges of grand theft, forgery and 10 counts of animal cruelty -- resulted in Diane Silbaugh being sentenced to six months in the Portage County jail, five years probation and 100 hours of community service by Portage County Common Pleas Judge John Enlow in March 2008.
Enlow also ordered Diane Silbaugh to make more than $24,363 in restitution to the Portage County Animal Protective League, according to court records. She also relinquished all rights of ownership of all the horses she boarded, but failed to care for, at the Never Rest Ranch on Old Forge Road in Brimfield.
Brimfield police and Happy Trails seized 20 malnourished horses after an anonymous tip sent them to her property on Jan. 9, 2008. Four horses were found dead there, and two others died by the time Diane Silbaugh was ordered to give up custody of all of them.
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| She has abused animals in the past. She won't change.   |
Holland said if the case had gone to trial, witnesses were prepared to testify that horses were specifically sold to Thomas Silbaugh because of his wife's prior conviction.
Thomas Silbaugh said he hadn't seen the photos. Shown some at the judge's instruction, Thomas Silbaugh said, "I never seen it like that. I couldn't get out to the barn."
"Did you see the horses in that condition?" the judge asked Silbaugh's wife.
"Yes, sir," Diane Silbaugh replied.
"Why did you not scream for help from somebody?" Hoover asked.
Diane Silbaugh said she arranged for a blacksmith to come out and trim the horses' hooves. While she acknowledged seeing horses with matted coats, she denied seeing sores and raw skin on the animals.
"… Why would you not reach out before it got to this point?" Hoover asked Diane Silbaugh.
"I have no idea," was her response.
As part of their sentence, the Silbaughs are forbidden to own, board or reside on any property that might harbor any animals other than the five dogs and three birds they already own. Hoover also ordered that the couple's pets must be kept in humane and sanitary conditions at all times and that the Silbaughs must permit random inspections to verify compliance with those terms.
(Twinsburg Bulletin - Aug 31, 2015)
Earlier:
- Portage County woman, Diane Silbaugh, admits starving horses
- Cuyahoga Falls woman, Diane Silbaugh, accused of abusing horses was convicted of similar abuse that led to six horse deaths
- Diane and Thomas Silbaugh charged with animal cruelty; neglected horses euthanized
- Cuyahoga Falls couple pleads guilty to neglecting 14 horses, including three that were euthanized
- Cuyahoga Falls couple sentenced to jail for animal cruelty
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