Saint Nick's story

<body topmargin=0 leftmargin=0 marginheight=0 marginwidth=0> <table cellpadding=0 cellspacing=0 border=0><tr> <td valign="top" colspan=2 height=90 BGCOLOR="#006699" TEXT="#080000" background="e1b785a3.jpg"> <div> <FONT SIZE="5" COLOR="#FFFFFF" FACE="Arial" ><B>DoubleHP (Horse Help Providers, Inc.)</B></FONT><B>    </B><B> |     </B><A HREF="index.htm" TARGET="_top" TITLE="DoubleHP (Horse Help Providers, Inc.)"><U><B>home</B></U></A></div> <div>                                                   </div> <div> </div> </td> </tr><tr> <td valign="top" width=210 BGCOLOR="#FFCC66" TEXT="#080000" background="e1cd2b03.jpg"> <div> <IMG SRC="e12b0850.jpg" border=0 width="176" height="133" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <div> 501c3 nonprofit</div> <div> South Dakota</div> <div> Volunteers</div> <bR> <bR> <div> <A HREF="id231.htm" TARGET="_top" TITLE="whats on the website?"><U>what's on</U></A></div> <div> <A HREF="id231.htm" TARGET="_top" TITLE="whats on the website?"><U>the website</U></A></div> <bR> <bR> <bR> <bR> <bR> <bR> </td> <td valign="top" height=390 BGCOLOR="#FFFFFF" TEXT="#080000"> <div> <I>Saint Nick's story</I></div> <div> <A HREF="id187.htm" TARGET="_top" TITLE="Saint Nick"><U><I>more pictures of Saint Nick here</I></U></A><I>, but please scroll down to read his story. </I></div> <div> <I> <TABLE BORDER="2" CELLPADDING="2" CELLSPACING="1" WIDTH="754" BORDERCOLORLIGHT="#0099FF" BORDERCOLORDARK="#CC6633" FRAME="BOX" RULES="ALL" HSPACE="0" VSPACE="0" > <tR> <tD VALIGN=TOP HEIGHT= 312 ><NOBR><div> <IMG SRC="75e02320.jpg" border=0 width="258" height="306" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> </NOBR></tD> <tD VALIGN=TOP WIDTH="471"><div> "Saint Nick, A Christmas Eve Angel"</div> <bR> <div> <I>"If you can do more, you should."</I></div> <DIV ALIGN="LEFT"></DIV> <div> Robert Redford</div> <bR> <div> <FONT SIZE="3" COLOR="#000000" FACE="Book Antiqua" >I still see Saint Nick's eyes watching us through the bars of the stall door as we left him Christmas Day.  Perhaps they weren't only saying, “Please stay.”  I think they were saying, </FONT><B>“I would love for you to stay, but if you have to go, go and tell my story.”</B>  </div> <bR> </tD> </tR> </TABLE></I></div> <div> <I><B>Here is a story written by one of Saint Nick's helpers.</B></I></div> <div> <I><B>12/29/06 </B></I><FONT SIZE="4" COLOR="#006699" FACE="Book Antiqua" ><I><B>  </B></I></FONT><FONT SIZE="4" COLOR="#000000" FACE="Book Antiqua" >Wintertime for me is what I refer to as my “off” season.  The two or three wild creatures I find myself caring for each winter offer a reprieve from the chaos that seems to surround me the rest of the year.  There are no baby birds screaming to be fed, no abandoned baby bunnies, no baby squirrels rescued from downed trees, no orphaned fawns, no foundling fox pups.  But cruelty and neglect do not know a seasonal time clock.  They are ever-present, even at Christmas time.</FONT></div> <div>       I spent the Christmas of 2006 with my family in eastern South Dakota.  I was looking forward to a relaxing time with my sister at her home in the country.  We had so much planned.  All five of us “kids” would be home, not only to celebrate Christmas, but also to celebrate our parents' 50th anniversary.  We had something planned almost every night.  What wasn't in the plans was a phone call that came Christmas Eve day concerning an abandoned horse.</div> <bR> <div>      Five years ago my sister and a group of friends founded DoubleHP (Horse Help Providers, Inc.), a rescue/adoption organization for unwanted and/or neglected horses.  For the last two years during the holiday seasons they have been involved in rescue events.  So it wasn't surprising that this Christmas would be no different.  I listened to the one side of the conversation and it didn't sound good.</div> <bR> <div>      A neighbor had discovered the horse Christmas Eve morning while on his way to help with chores at his father's place.  The horse had apparently been left tied to a fence in a road ditch.  The neighbor offered to load the horse in his trailer and deliver it to my sister's place.  While we waited for the horse to arrive we readied a stall for him in the barn, and a quick phone call to the veterinarian was made.</div> <bR> <div>      The neighbor and his father-in-law arrived with trailer in tow.  They both got out of the pick-up and came over to where we were standing by the barn.  The father-in-law said, “Do you have a strong stomach?”  We braced ourselves for the sight that would greet us when the trailer door was opened.  It was alarming, to say the least.  The horse was emaciated.  He was filthy and wet.  He was literally bones with skin and hair covering them.  Long, thick mane and tail that would otherwise have been beautiful were matted and tangled with cockle burrs and mud.  He had a badly injured left hind leg and sores on his right hip and shoulder.  </div> <div>      A second phone call to the veterinarian was made.  Based on the description of the horse, the doctor suggested that he be seen immediately and he would meet us at the clinic.  My sister's neighbor and his father-in-law offered to deliver the horse to the clinic.  We were going to drive a separate vehicle but were invited to ride along with them.  So the four of us climbed into the truck and off we went to meet Dr. Steve Tornberg at Dakota Large Animal Clinic in Harrisburg, South Dakota.</div> <div>      I had not had the privilege of meeting Dr. Tornberg before but I'd heard many wonderful things about him from my sister.  There are veterinarians and then there are veterinarians who are passionate about their work and give so generously of their time and compassion.  I have the good fortune to work with two such individuals and I was about to meet a third.</div> <bR> <div>      Dr. Tornberg began his assessment of the horse, explaining everything as he went along.  Dr. Tornberg looked at the teeth of the horse and said, “He's only three to three and a half years old.”  </div> <bR> <div>      Dr. Tornberg did not give the horse a very favorable prognosis.  He had many strikes against him.  We left the clinic with heavy hearts, hoping that this would be one of the lucky ones, one of the miracle stories.  It was, after all, a magical time of year.</div> <bR> <div>      During the drive home we decided the horse needed to be given a name.  No matter what the outcome, he needed a name and it should be Christmas-related.  We tossed around several possibilities and later that day we agreed upon Saint Nick.  “Saint” because he was being a saint in spite of the mistreatment he had received at the hands of humans.  “Nick” because it was Christmas Eve.  There was no doubt in our minds that we would be back the following day, Christmas Day, to visit Saint Nick.</div> <bR> <div>      Christmas Day arrived and my sister and I were anxious to visit our new friend.  During the 40-minute drive to the clinic we spoke of the cruelties inflicted by humans, mended hearts being broken yet again, and hoping that this story would have a happy ending.  </div> <bR> <div>      At first Saint Nick was hesitant to trust us and he moved to the back of his stall.  We spoke in soft, soothing tones, telling him how beautiful he was and what a good boy he was.  We rubbed his neck and stroked his cheeks and before long he was standing relaxed with eyes closed, allowing us to untangle the burrs and dirt from his long mane.  We were allowing ourselves to be hopeful.  Neither of us wanted to say good-bye to Saint Nick that day and if it hadn't been Christmas we probably would have stayed all day.  But we were expected home  to make Christmas dinner for 11 people! It's difficult to think about feasting at times like these, but Saint Nick had food now too, so we carried on. Before we left we made a little note that said, “My name is Saint Nick” and attached it to the door of his stall so that all who cared for him would know that he'd been given a name.  As we turned to leave, Saint Nick came to the front of his stall and peered at us through the bars of the stall door, eyes saying, “Please stay.  I enjoy your company.”  My sister said, “He doesn't want us to go.”  It was difficult to leave him, but we left, allowing a little bit of hope to creep in.</div> <bR> <div>      The next morning's phone call from Dr. Tornberg, however, did not bring good news.  As my sister spoke with Dr. Tornberg, I had to turn away.  I knew we were both going to cry.  I looked out the kitchen window at my sister's own horses basking in a life full of love - something that Saint Nick may have never experienced until we visited him on Christmas Day.</div> <div>      How do these creatures find their way to our hearts so quickly?  How do we come to love and care for them so much in the same short span of time?  I am haunted by the face of Saint Nick.  Did he know any kindness prior to that Christmas Eve day?  Did he know kind words and soft touches?  Did his face know the pleasure of sweet kisses?  Or did he move through his three short years of life knowing only cruelties and harsh words?  </div> <bR> <div>      How does a person let this happen and will this person get away with this? </div> <bR> <div>      I still see Saint Nick's eyes watching us through the bars of the stall door as we left him Christmas Day.  Perhaps they weren't only saying, “Please stay.”  I think they were saying, “I would love for you to stay, but if you have to go, go and tell my story.”  </div> <bR> <div>      Since returning home, he is on my mind constantly.  Driving to work I will suddenly see his face in my mind.  Feeding my hawk, his face will appear.  Putting my ducks to bed, Saint Nick is on my mind.  And with each “appearance” I feel his eyes asking, “Have you told my story yet?  Have you told it yet?”, like the voice in the movie, Field of Dreams, that utters, “If you build it, they will come.”</div> <bR> <div>      So, that's what I'm doing, Saint Nick.  I can't do much, but I can share your story with others.  I can help make known the cruelties these beautiful, proud animals endure.  I can show the pictures.  If more people are made aware, if more voices are raised, if more waves are created-- maybe one day horses will be afforded more protection in the legal arenas.</div> <bR> <div> UPDATE: January 2, 2007.</div> <div> The Sheriff's Department was able to track down the person who left Saint Nick in the ditch. It is now a legal matter. Saint Nick was humanely euthanized the day after Christmas. Some details have been taken out of the above story here, for now, so as not to interfere with any ongoing investigation or decisions.</div> <bR> <div> UPDATE: March 19, 2007.</div> <div> Report/file/case was assigned to Attorney in Minnehaha County (SD) State's Attorney's Office. </div> <div> No charges or arrests yet. </div> <bR> <div> UPDATE (4/12/07):</div> <div> The person charged with inhumane treatment of animals in our Saint Nick case entered a plea of "not guilty" on April 12 in Minnehaha County (SD), and said he will need to get an attorney. There is a dispositional conference scheduled for May 17. </div> <bR> <div> UPDATE (5/18/07):</div> <div> No decisions or agreements yet. Process is ongoing and we should know more after May 31, 2007.</div> <bR> <div> UPDATE (6/4/07):</div> <div> There was a grand jury session on May 31, 2007. And an indictment! <FONT SIZE="3" COLOR="#CC0000" FACE="Arial" >This means there IS enough evidence to take this to trial. The person charged in this case will need to go back to court on Monday, June 25, 2007, at 9 a.m. in courtroom 1A; and say either "guilty" or "not guilty" again. If he says "not guilty," I think it goes to trial soon. </FONT></div> <bR> <div> UPDATE (6/25/07):</div> <div> One of our Volunteers went to the Courthouse this a.m. and sat through all of the "Ms" (Madetzke). Many people apparantly do not show up for their court date. The Judge would call the name twice and then say "...bench warrant... and a dollar amount..." Most of the cases were driving without insurance, suspended license, DUI type things. Our Volunteer said that the Judge did not call out the name Madetzke in the group of "Ms." Though she did not stay until the end of the "Zs." So, we called the Clerk of Courts and were told that Madetzke was still scheduled for today. Later in the afternoon we called the State's Attorney's Office and were told that there is a bench warrant out for him, and the dollar amount (not sure what the proper term is) is $500.00. I am not sure what all of this means, but we will update again when we find out.</div> <bR> <div> UPDATE (7/6/07):</div> <div> Apparantly our June 25 update is not correct. We have now been told that Madetzke has hired a lawyer and has a plea hearing set for Aug 1 at 2 p.m. in Minnehaha County courtroom 1b. This could change though. This is getting a little tricky to keep track of, but we will keep trying, for Saint Nick.</div> <bR> <div> UPDATE (8/1/07):</div> <div> plea hearing moved back to August 29. </div> <bR> <div> UPDATE (8/29/07)</div> <div> The person charged still says he is not guilty. There was to be a jury trial on Sept. 6, but that has now been moved back to October 30.</div> <bR> <bR> <div> On Halloween Day, 2007, Donald Madetzke of Crooks, SD, was found guilty of inhumane treatment to animals. Sentencing set for Dec. 21.</div> <bR> <div> <U>This taken from Darci's Journal, Nov. 2, 2007 entry.</U></div> <div> Are you wondering how the Saint Nick trial went? Well, the defendant was found guilty of cruelty to animals of course. Holly and I attended both days. Heidi was there for part of the first day. It was my first trial experience. I found the whole process entirely interesting. I started out taking notes on every little thing, like how the defendant's attorney cleared his throat really loud into the microphone 25 times in the first 15 minutes. I got tired of counting. And I'm afraid I got tired of taking notes. So I'll just have to write it down how I remember it. The jury selection itself must be quite a strategic element for the attorneys. One person was excused because he works with the defendant. Another was excused because he said that his family loves animals so much that he thinks crimes against them are almost worse than crimes against humans and he didn't see how he could possibly presume this person innocent. He just simply could not do it.  Others who didn't make the final cut included a horse owner who is a friend of two of the witnesses for the State, and another who said she could try to be fair but she wasn't sure she could be. On the first day the State's witnesses testified. On the second day, it was the defendant's lawyer's turn. The defendant's wife & daughter testified. He did not. The only other witnesses they had were 2 people who said they had seen the defendant's horse trailer being used. I kept thinking, "couldn't they find a Vet or Farrier or Trainer or even just a neighbor, anyone, to say that they took really good care of their horses?" Guess they couldn't find anyone like that. Anyway, he was found Guilty. Sentencing will come later. There are some other issues that will enter into it I think. I will write more about this later. I will tell you the story the way the defendant's family told it. You probably won't believe it. I'm still not sure that I do. It doesn't matter. However it happened, the horse was severely neglected and was, indeed, abandoned, on Christmas Eve 2006. And euthanized the Day After Christmas. </div> <bR> <div> Remember, Saint Nick came to us as a messenger. To remind us to always try to do what's good and what's right. His job here was difficult and painful. But he made a huge difference while he was here. And now his job is done, and now he can rest.</div> <bR> <div> I am very grateful to the Minnehaha County Sheriff's Department and State's Attorney's Office for taking this matter so seriously and for following it through. Thanks to Kim in the State's Attorney Office. She actually served as our Witness Assistant. Saint Nick had a Witness Assistant! And thanks to Dave Palmer, an attorney in Sioux Falls. Though I don't see him very often, he has been a friend for a long time. And when I asked him what to do, how to find a voice for Saint Nick, he is the one who suggested the Witness Assistant route. And thanks to the family who found Saint Nick and called us for help on Christmas Eve. And to Dr. Tornberg who spent so much of his time on this, making reports, making trips to the Courthouse, and testifying. You know he was thinking about all of the other horses he should be helping. But he took this seriously too. It WAS serious. It was an extreme case of neglect, and it needed to be dealt with. We needed to make sure that Saint Nick's suffering and death meant something. Something like, "If you don't have time and money to keep your horses properly trained and cared for, you shouldn't have horses. And you certainly should not be allowing them to reproduce."  This family who testified wanted us to feel sorry for them that they couldn't afford to buy a nice new horse trailer. Well, I guess not everyone should own horses. Not everyone should buy a new boat, not everyone should build a mansion, and not everyone should own horses. You know what bothered them the most? That whoever took their horse also took the rope they left around its neck. They said the rope was worth $50 and they were very upset that it was gone. They never once asked who paid the Vet bill or how much it was. They never once acted sad about what had happened to Saint Nick. They said that they hoped someone would come along and get him what he needed. As Dave Nelson put it, "You mean you thought it was your horse but someone else's problem?" </div> <bR> <div> <TABLE BORDER="2" CELLPADDING="2" CELLSPACING="1" WIDTH="772" BORDERCOLORLIGHT="#C0C0C0" BORDERCOLORDARK="#808080" FRAME="BOX" RULES="ALL" HSPACE="0" VSPACE="0" > <tR> <tD VALIGN=TOP HEIGHT= 519 WIDTH="345"><div> NOVEMBER 4, 2007</div> <bR> <div> I want to tell you about the Saint Nick court case. I keep looking at his face. And I can't explain it to you but, even though I only knew him for a very little while, he was always looking at me like he was expecting me to really do something! Can you look here and see what I mean? </div> <bR> <div> Saint Nick: A Christmas Story.</div> <div> A Halloween Story. A sad story.</div> <div> A story without an ending.</div> <div>  </div> <div> I met Saint Nick on Christmas Eve 2006. He died the Day After That Christmas. The following Halloween, nearly a year later (just a few days ago), the person responsible for his suffering was found guilty of Cruelty to Animals. Sentencing will come later.</div> <div> <B>Believe in Saint Nick</B></div> <div> He was a messenger to remind us to always try to do what's good and what's right. </div> </tD> <tD VALIGN=TOP><NOBR><div> <IMG SRC="99293f60.jpg" border=0 width="403" height="502" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> </NOBR></tD> </tR> </TABLE></div> <bR> <div> On Halloween Day, 2007, the defendant's wife took the stand. And so did his daughter. He never did. The only other witnesses they had were two people who said they had seen them using their horse trailer in December 2006. I thought that if they could find just one Vet, Farrier, Trainer, neighbor, anyone, to say that these people took good care of their horses, maybe there was hope for the horses that remained under the ownership of this family. But I guess they couldn't find anyone like that. No one to say that this family takes good care of their horses. Only two people who said they saw them using their trailer. That's all. And wait 'til you hear about the trailer!</div> <bR> <div> Here is how the story sounded in the courtroom, according to the defendant's family:</div> <div> The weekend of December 16 was the wife's birthday, so daughter had offered to drive to the Moody County farm to do chores. On December 23, a week later, wife and defendant went to do chores. </div> <bR> <div> This family lives on an acreage in Minnehaha County but has another property in Moody County, perhaps 40 miles away. They have horses at both places. The wife testified that someone in their family goes to the Moody County property every single day to check on horses and other things and do chores. Though she could not say when she had been there before December 23. And daughter did not say when she was there after December 16. There was no mention of anyone going there to do chores in between December 16 and 23. </div> <bR> <div> The only reason this is significant (other than the fact that possibly no one went to feed hay that week in December) is that daughter said that on the 16<FONT SIZE="1" COLOR="#000000" FACE="Arial" >th</FONT> she saw Elvis “sitting” is what she said. But then he got up and she didn't think a thing of it. She never mentioned it to her parents. That's all. She said she did not touch him that day. She said she threw hay out but did not watch him eat. It didn't sound like they used round bales. Elvis is our Saint Nick.</div> <bR> <div> This is what happened on Dec. 23-24, according to the wife:</div> <div> Wife & defendant went to the Moody County property. They had some farming type stuff to do, and then they checked on the horses. They noticed that Elvis was lying down and that when he got up, he looked sick. They decided to take him and another horse, Peanut, back to the Minnehaha County property so they could see what Elvis needed and so one of their children could train Peanut. She said, we made up our minds, even though it was getting late in the day, that we would go on this rescue mission to help Elvis. (you can imagine I nearly threw up on that one).</div> <bR> <div> They own an old horse trailer. They wanted the jury to feel sorry for them that they could not afford to buy a new horse trailer. This was all they had, and it would have to do! Elvis and Peanut were loaded into the trailer, along with several portable metal corral panels. (This was information that had never been mentioned before the trial, and it really was helpful in the case for mistreatment & cruelty. Who would do that? Load two horses, one very sick, in a small trailer, right along with these metal structures?) The wife also said that the trailer was very rusty and was missing a wheel but it had worked before so they figured it would work on this day too. She said that as she was pulling the trailer out of the field, she hit a big rut and it caused the boards on the bottom of the trailer to buckle and pop out. (The Detective said there was no floor in the trailer; they had merely laid a few boards down.) Did they expect the horses to know to stand on the boards and not where there were no boards? The wife said that when the boards buckled and popped up, Elvis's legs fell through the floor of the trailer. She said they stopped and got things put back together and continued on. Even though they saw some blood on the trailer, they continued on.</div> <bR> <div> They got to within 5 miles or so from the Minnehaha County property (home), and a tire blew or another wheel fell off or something. Anyway, they decided at this point that they could not haul the horses in that trailer any longer. They didn't decide that when Elvis's legs fell through, only now did they decide this. They estimated the time to be around 10 or 11 p.m. A snowmobiler came along and asked if they needed help, and they said no. This is one of the witnesses they called. Throughout this trial, I thought it was so strange that they were making a big deal of proving that they had used this trailer. I thought their use of this decrepit trailer to haul horses just added to the State's case for cruelty, neglect, mistreatment. The snowmobile witness was never questioned by either attorney whether he saw any horses. I thought that was odd too. But then, I probably DO watch too many lawyer type shows on TV. And they always say you shouldn't ask a witness a question if you don't know what his answer will be. So I figured maybe that's why he wasn't questioned further. </div> <bR> <div> The wife said they unloaded the horses. She said they began to lead Peanut home. They had a car, a Buick LeSabre, and one of them held a rope out the window of the car to lead the horse home, approximately 5 miles. The mother said they shined headlights on Elvis's legs to check for injuries from when his legs fell through the floor, but she didn't see anything like the photos the State entered into evidence. She also said that while they led Peanut home, they just left Elvis standing out there not tied to anything. (This was her second big piece of information that previously had not been known). The State's Attorney asked her if they considered the possibility of a car or truck coming along and hitting Elvis, and what if someone in the vehicle got hurt or killed from running into Elvis. She assured him that it was not a very busy road and they didn't think there would be much traffic on it that time of night. </div> <bR> <div> Once they got Peanut home, they went back for Elvis. I don't know if both of them or just the defendant went back. But they started to lead Elvis the same way they had led Peanut, except that Elvis could not make it. Elvis went down after a mile or two. They put a rope around his neck. (I never figured out why they didn't have any halters for these horses.) and tied the rope to a fence in the ditch. The whole story is quite confusing, and I have no idea of how many trips they made back and forth from the horse trailer to their farm. But at some point they did go back and drag the trailer home. And at one point the defendant went back to Elvis. The Detective said he told her he got a gun and was going to shoot Elvis, but that when he got back Elvis was standing. So, instead, he gave him some hay, water, and oats. I always wondered if he took all of these things back in his LeSabre, or if this involved two different trips too. The visual of hauling around a gun to kill a horse, some hay, a bucket of water, and some oats, all in a car, is just pretty abstract I guess.</div> <bR> <div> They finally got tired and went home to take a nap for 2-3 hours and then would go right back and get Elvis, because they were very worried about him.</div> <bR> <div> The times were important in this story. The wife said it was 10 or 11 p.m. when they broke down. That is consistent with a witness for the State who saw their LeSabre in that vicinity around 10:30 p.m. (now he knows they were leading a horse, but it was late and dark and they were leading out of the passenger side and he was facing the driver's side). So he didn't know what was going on that night, he said. Only that he saw this slow-moving car and it looked like they were leading something out the window. The horse was found the next morning around 11 a.m. So, any way you look at it, the State's Attorney pointed out, this “sick” horse spent about 12 hours, the whole night, alone, emaciated, cold, wet, injured, caked in blood and mud and burrs, in the road ditch, on a cold South Dakota December night. On the Eve of Christmas Eve.</div> <bR> <div> The wife claims that they went back to get Elvis about 9:30 on the morning of Christmas Eve, but Elvis was gone. But the person who actually rescued Elvis said he got him out of the ditch and into his trailer later than that, around 10:30 or 11 a.m. The wife also said that they went to bed around 4 or 5 a.m. But if they just took a nap for 2 or 3 hours, they should have been back for Elvis long before 9:30 a.m.</div> <bR> <div> Like I said, it is a confusing, really hard to follow and even harder to believe story.</div> <bR> <div> I still wonder sometimes if they just went and got Elvis from their Minnehaha County property and walked him up the road a few miles and tied him to the fence. And I'm sure that's what all the attention over the use of the horse trailer is. To prove that it could actually be used. And that it happened the way they said it did.</div> <bR> <div> Other things that came up during the trial, over and over and over again: The defendant's family was quite upset about losing their $50 “lasso.”  They said that, while they were hopeful that someone had come along to help Elvis, they really wish that person wouldn't have taken their $50 rope too. They never once asked how much the Vet bill was or who paid it.</div> <bR> <div> They described Elvis as a wild Mustang stallion, adopted from the BLM. Wild, young, lean, and fast-running. He burned up a lot of energy and that's why he was so “lean.”</div> <bR> <div> That is the story the defendant's family told in court.</div> <bR> <div> We have talked to the BLM. They can't tell us much right now (maybe later) because of confidentiality, etc., but what they did tell us has us believing that Elvis was NOT adopted from the BLM. The guy at the BLM told me that they do not adopt out stallions except in really special situations. I sure hope they don't think this family is special. And anyway, Elvis was NOT wild. Once you fence a horse in like that, take him out of natural habitat and limit him from finding food, water and shelter, he is NOT wild. He's just a penned up horse that is not being provided for.</div> <bR> <div> Now, here is what we saw:</div> <div> Here is Saint Nick (Elvis), on Christmas Eve morning. This is their wild, young Mustang stallion adopted from the BLM. Their fast-running stallion who is “lean” because he burns up a lot of energy. He was just a little “sick” on this particular day.  </div> <div> <IMG SRC="da3b5480.jpg" border=0 width="437" height="328" ALIGN="BOTTOM" HSPACE="0" VSPACE="0"></div> <bR> <bR> <div> <B>Sentencing was  Dec. 21, 2007 in the Saint Nick case.  In summary, the guy got 5 days in jail (gets out for work release), $200 fine. To pay $800 restitution (includes $500 to DoubleHP, if his attorney does not argue about it). That's it! The State did recommend that Donald Madetzke not be allowed to own or have horses on any properties he owns, leases, or has anything to with for 3, 5, 10, however many years the judge thought it should be. The judge did not go along with this though. I was astonished to learn that he still owns 20 horses! Anyway, I wasn't surprised the Judge did not go along with that. But I was very surprised no one ever mentioned anything about maybe stopping the reproduction of these unwanted horses. But nothing was said. So, I guess, carry on, let your unwanted horses produce more unwanted horses. Makes sense, doesn't it!</B></div> <bR> <bR> <bR> <bR> <bR> <div>  </div> <div>                   <FONT SIZE="6" COLOR="#000000" FACE="Book Antiqua" >    </FONT></div> <bR> </td> </tr></table></body>