Keith Rabon recently filed the lawsuit, which names the county, Karen Bolten, Bolten’s Myrtle Beach Equine Clinic and the horse’s owner Patricia Sylvester as defendants.
Rabon asserts in court papers that Bolten and Sylvester made defamatory statements about him to media outlets that were reporting on the horse’s death. He accuses the county of false arrest and malicious prosecution.
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| Major, a thoroughbred, died in December 2013. Image courtesy of Trish Sylvester |
“The claims are ridiculous,” Sylvester said. “I should be suing him because I’m out of a horse.”
Bolten maintains she simply did her job as a veterinarian.
“I was doing what is required of me by law,” she said. “If I see a case that looks like neglect or abuse or anything fits into a legal issue surrounding those particular things, it’s my responsibility as a veterinarian to report it.”
County spokeswoman Lisa Bourcier confirmed the county had received Rabon’s lawsuit, which was filed Nov. 30.
“It is county policy not to provide any commentary on substantive matters relating to pending litigation,” she said via email.
he lawsuit centers on the criminal case against Rabon, who works as a farrier, a blacksmith-style craftsman who specializes in caring for horses’ hooves.
In October 2013, Rabon was contacted by Colby Sessions about a malnourished thoroughbred named Major that needed help, according to the lawsuit. Rabon agreed to nurse the 14-year-old animal back to health, as he had done with other horses.
Rabon dewormed Major and kept him on a strict diet of hay, range grass and mineral supplements, the lawsuit states. The farrier maintains the horse showed signs of improving while in his care.
Where are the veterinary records? You cannot take a starving horse and "DIY" it. You need to have proof that a licensed veterinarian has examined the animal and instructed you on continuing care.
In December 2013, Rabon got a call from Kirsten Hardee of Steadfast Farm asking if he had any “cheap” horses that could be used for riding lessons, according to the lawsuit. Rabon relayed Major’s story and said the horse would need a specific diet to return to good health. He said the horse was free to anyone who would help him get better. Rabon was paid $30 to perform hoof work on Major and he provided Hardee with information about the horse’s dietary needs.
Hardee then sold Major to Sylvester for $200, though the horse was kept at Steadfast Farm, according to the lawsuit.
A day after the horse left Rabon’s care, Bolten and Myrtle Beach Equine Clinic were contacted because Major was not standing up, the lawsuit states. Bolten began monitoring the horse.
Two days later, Major died and police were called.
Rabon cooperated with the investigation, according to court records, and provided the names of witnesses who could corroborate his version of what had happened. Police contacted those witnesses, who supported Rabon’s account.
One of the witnesses, a veterinarian, told police “this horse would still be alive if [the animal] was left in the care of the Rabon family,” according to the lawsuit.
Did this veterinarian examine the horse before it died? Or is this vet simply testifying for Rabon because he has thrown them some business over the years?
County police also contacted an independent veterinarian who said determining culpability would be difficult because Bolten’s necropsy — an autopsy for animals — lacked sufficient detail about what the animal had recently eaten.
Following the thoroughbred’s death, Sylvester and Bolten gave media interviews where they blamed the horse’s death on poor nutrition and care.
“He had so many open sores and wounds,” Sylvester told The Sun News in 2014. “It was horrible. He was definitely abused by not giving him the proper food that he needed, but he had these chemical burns on him. The inside of his mouth looked like he had some kind of chain in it. He was a mess.”
Bolten’s necropsy report said the horse’s skin condition was likely from “months of neglect” and “could have been cured easily” with over-the-counter medications that are not expensive. She described patches of hair loss that resembled chemical burns and other wounds, saying they were suggestive of abuse.
The necropsy report states Major died from major organ failure due to either chronic malnutrition or the complications of refeeding syndrome.
Refeeding syndrome refers to the complications that come with re-providing proper nutrition to chronically starved horses. Sylvester's veterinarian had Major on a special feeding plan, but according to the report, Major had an impaction of oats prior to his death.
"I feel that in an attempt to make it appear that he had been fed, his impaction was caused and the deadly consequences of refeeding syndrome were initiated."
The case led Bolten’s clinic to launch the Major Fund, a campaign to help horses whose owners cannot afford necessary medical care. As of July 1, the fund has helped six animals and raised $632.75, according to the clinic’s website.
Rabon states in court papers that Bolten and Sylvester made statements on social media and to reporters that misrepresented his treatment of Major. Rabon’s wife contacted Sylvester through Facebook and asked her to stop making those comments, the lawsuit states. Rabon also sent a message to Sylvester, Bolten and the clinic explaining that their statements about the case were impacting his business.
Rabon contends their efforts were intended to create public pressure for police to pursue a criminal case, which they did. Sessions and Rabon were charged with violating an Horry County ordinance for care and treatment of animals.
When Rabon’s case went to trial in January, county police admitted that Rabon was not responsible for the horse’s death, and, had the farrier kept Major longer, the animal “probably would have been in good shape,” according to the lawsuit.
This is such BS. What would a police officer know about it? He's not a licensed veterinarian. The Sylvester family only had the damn horse for 2 days before it died - under veterinary care. Also, sloppy policework as they wouldn't return Dr. Bolten's calls.. someone who had seen the horse in person six months prior and says it was NOT in this emaciated state.
Rabon was found not guilty.
I disagree. If Rabon had the horse for two whole months, why was it STILL in such poor shape? If it had actually been in WORSE shape when Rabon acquired the horse in October 2013, anyone with a brain would have immediately contacted a veterinarian to examine the horse and begin a plan of improvement including a strict feed plan. Rabon should have these veterinary records. And this vet should have testified as to why the horse was still in such poor shape after 2 months of 'round-the-clock' care by the Rabon family. Also, why was it's mouth full of sores?
In his lawsuit, Rabon accuses Bolten and Sylvester of slander and libel per se. Additionally, he alleges the police arrested him without probable cause. He is seeking unspecified damages.
The website for Bolten’s clinic offers its own account of the horse’s final days. The site has an entire section devoted to Major, whose original owner competed with him in local shows.
In the years before his death, Major became a fixture in the Grand Strand horse community, the website states, but “due to life circumstances” his owner gave him away. He was last seen in good health in July 2013.
So the horse went from "good health" to emaciated and starving in just four months? What happened to him? Where are those details??? If he could go from healthy to starved in four months, he should have gone from starved to halfway decent in two months with Rabon.
When the horse arrived at Steadfast Farm, Major was in “terrible” condition, according to the clinic’s website.
“He spent his last three days under the fantastic care of the Sylvester family, Hardee family, and Steadfast Farm,” the site states. “He arrived on a Friday night, and unbelievably the next morning was very perky. However, he went down at one point and was unable to get up, at which time Dr. Bolten was called to come treat him.”
The site describes the horse’s presumed cause of death as “major organ failure resulting from chronic malnutrition.”
“Unfortunately, despite the efforts of all involved, it was too late to save Major from his condition,” the site states. “We hope that something good will come from his death, and we want Major’s memory to live on in a system equipped to save animals in similar situations.”
On Tuesday, Bolten told The Sun News that she never heard back from police after providing her initial statement.
“That was my involvement,” she said. “I never ever mentioned his (Rabon’s) name in a public forum other than just writing my paperwork to the government. … There’s really no basis for what he’s saying.”
Bolten stands by her decision to report Major’s case.
“I did what I had to do as a veterinarian who saw a potential case of abuse,” she said. “Especially because I had seen the horse six months prior and he was perfectly normal.”
Sylvester insists she attempted to provide police with information about the case, but no officer would return her calls.
“Trust me, I tried,” she said. “But nobody wanted to talk to me.
Sylvester said she knew Rabon from his farrier work and initially reached out to him to see if he had any horses. When she had no luck, she contacted Steadfast Farm, and Hardee arranged the deal with Rabon.
Sylvester said she knew Major was a rescue animal, but she was appalled when she first saw his condition.
“You couldn’t even put an infant on this horse,” she said. “That’s how emaciated he was. … I thought, ‘How am I going to put my 11-year-old on this horse?’”
Despite the animal’s frail health, Sylvester said she thought her family could help Major regain his strength.
When the horse began struggling with colic, Sylvester said she and her husband spent a night in a pasture with blankets and pillows, caring for the thoroughbred.
“He would not get up,” she said. “We tried. The vet was out there. She tried. There was nothing we could do for this horse.”
The next morning, she and her husband returned home. On their way back, she received a call about the horse’s death.
Sylvester said she called Rabon afterwards because she was furious about Major’s death.
“I said, ‘Listen, we just paid $200 for this horse that I don’t even have. ... What was wrong with this horse?’” she recalled saying. “He swore up and down that he didn’t do anything to this horse.”
Sylvester disputes the lawsuit’s description of her correspondence with the Rabon family and contends Rabon’s wife didn’t tell her they were suffering financially because of her comments. Sylvester, who was served with Rabon’s lawsuit Tuesday night, views her family as the victims in this case.
“What physical damage do you have?” she said, referring to Rabon. “I lost two horses in 30 days. My children were hysterical. I’m without a horse, two crying kids and you have physical damages? Give me a break.”
Rabon’s attorney, Patrick McLaughlin of Florence, declined to comment.
NOTE: Rabon was on the United States Department of Agriculture's (USDA) list of suspended individuals for violations of the Horse Protection Act (HPA.) He served a three-year suspension, which expired in December 2014.
(The State - Dec 16, 2015)
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