PARIS – A Bethel man found guilty of four counts of animal abuse was ordered to pay $1,250 in fines Monday at the South Paris District Court.
Larry G. Smith, 62, of 46 Vernon St. was also ordered to relinquish three horses, though he may keep household pets and three Percheron horses.
“You may continue your family tradition of owning some animals,” Judge John McElwee said.
McElwee also gave Smith a fully suspended 90-day jail sentence, one year of administrative release, monthly inspections of animals by a veterinarian, and biweekly inspections of the animals’ shelters by an animal control officer.
The charges focused on poor conditions at Smith’s property, including cattle kept in a trailer during hot weather and a Belgian mare and her foal, which were seized eight hours after the foal’s birth last winter to protect them from inclement weather.
By giving up the mare and the foal to the Maine State Society for the Protection of Animals, Smith avoids paying $11,545 in restitution to the organization for care of the animals.
Smith will also sell a Belgian stallion at auction. Defense attorney John Jenness said Smith had relinquished his cattle prior to his trial in September.
Assistant District Attorney Richard Beauchesne asked for a harsher sentence: six months in jail fully suspended, two years of administrative release, the full restitution, and a permanent loss of the right to own animals except for a companion dog.
“We should not further allow him to risk the lives of these animals,” Beauchesne said.
McElwee said Smith may keep the Percheron horses he currently owns, but not replace them after they die.
Beauchesne said Smith had not been intentionally cruel toward the animals, but rather that Smith was unable to maintain the amount of care needed for the animals.
“That ability is only going to decrease in the coming years,” Beauchesne said.
Jenness said there had been a dispute over how well the animals had been treated, and that Smith had repaired a barn to improve its safety.
“He has, as a general rule, kept his animals well,” Jenness said.
Jenness said the requested restitution was “excessive,” and asked that restitution be forgiven if the mare and foal were transferred to the society.
Meris J. Bickford, vice president of external affairs for the society, agreed to the term. However, she asked that the veterinary checks be funded by Smith and that all transfers of animals be “arm’s length” to prevent Smith’s de facto possession of them.
McElwee said Smith has no criminal record and that the state had not met the burden of proof for all charges against Smith. However, he also said Smith had “an extreme disregard” for his obligation to care for the animals.
Bickford said the court was “extremely thoughtful” in its sentence.
“We’re very happy to maintain the Belgian mare and foal permanently,” she said.
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