Verdict: Guilty

By Richard Gould
rgould@hickoryrecord.com

NEWTON

A Newton woman was found guilty Wednesday of two misdemeanor counts of animal cruelty for starving two horses to death.

Annie Stein, 43, pleaded no contest to the charges stemming from the discovery of a dead horse – a 24-year-old Arabian gelding – in her leased pasture in mid-February. Police found the skeletal remains of five more horses around the wooded perimeter of the property as they investigated the case.

Stein admitted to police that two of the six dead horses had died while in her care. She was charged in their deaths. She denied knowledge of the other four.

District Court Judge Robert Mullinax looked at photos taken of the dead and malnourished horses before sentencing Stein.

"When I look at these pictures, I see a total lack of concern for these horses," he said. "I know this community will not tolerate it. Neither will this court."

Mullinax found Stein guilty as charged and sentenced her to back-to-back 120-day stretches in jail – the maximum allowable for each animal cruelty charge. The eight-month sentence was suspended, but will be activated if Stein does not fulfill the remainder of her sentence.

She'll also spend two days in jail. She was ordered to appear at the Catawba County jail at 6 p.m. Friday, June 4, to begin her 48-hour jail sentence.

Stein will serve 24 months of supervised probation. The length of her probation was due to the extreme nature of the case, Mullinax said.

She was also barred from owning or caring for horses or domestic animals for two years.

There were three surviving but badly malnourished horses in Stein's leased pasture when police arrived to investigate the discovery of the dead horse. Officers removed them and transported them in a trailer owned by Debra Huss. Since their confiscation, Huss has fed and boarded the horses while paying for their veterinary care.

Stein was ordered to transfer ownership of the three horses to Huss and to pay her $5,021 in restitution for their care.

Huss said the three horses have recovered well in her care. They have reached a healthy weight, but they cannot be ridden.

Stein was sentenced to 48 hours of community service to be completed within 60 days and Mullinax suggested it be performed at the Humane Society.

In May 2009, the Newton Police Department was notified that nine horses in Stein's care were malnourished. The police worked with a local veterinarian to instruct Stein on the horses' proper care and feeding.

The police made regular visits to Stein's pasture for two months as the horses recovered. No charges were filed at that time.

Eight months later, Michael Poovey called the police to report that one of Stein's horses was dead. He said the surviving three had no food or water and had eaten all the bark from the trees they could reach.

Poovey attended Wednesday's hearing and testified that he had been paid to bush hog the property before Stein leased it and there had been no horse remains on the land before she came along.

Huss urged Mullinax to make an example of Stein.

"This is just not right," she said. "These animals have suffered, and it's all due to her neglect."

Following the guilty verdict, Huss said, "The DA and the justice system of this county have proven that this county will not stand for this sort of behavior."

Poovey agreed and told Assistant District Attorney Clifton Smith that he and the judge had restored his faith in the justice system.

Stein's parents and brother attended the hearing in her support, as did Gene Punch.

Punch said he'd let Stein use the pasture without charge. He said his house is about 75 feet from where the dead horse was found and saw Stein feed the horses regularly.

"I saw horses stand on hay and eat bark off the tree," he said. "It was not because they were starving – it was because they liked the bark."

Mullinax did not appear moved by his testimony.