The Morehead News

April 11, 2008

More charges possible after the vet's finding

By Tonia Noe-Rose - Staff Writer

The Kentucky Department of Agriculture has filed charges against Don Miller, the owner of 31 dead horses discovered Tuesday on a farm along Kegley Ridge Road in Rowan County.

According to Richie Farmer, commissioner of agriculture, Miller is charged with violating state law concerning the disposition of animal carcasses.

Upon the investigation, the Rowan County Sheriff’s Department and the KDA Division of Animal Health, found 11 dead horses in a barn and 20 more lying dead in a pasture. Surviving, what remains to be determined as starvation, was a total of 24 horses. Ten were discovered alive in the barn but in poor health. An additional 14 were living in a nearby pasture and found to be in good health, the KDA reported.

KRS 257.160 allows disposal of animal carcasses by composting if the disposal is performed in an approved facility and according to the board’s administrative regulations.

The first offense is punishable by a fine of $100 to $500. Subsequent offenses are punishable by fines of $500 to $1,000 and up to 30 days in jail or both fines and jail time.

The surviving horses have been put in the care of Eugene Jinney with the Lewis County SPCA (Society for the Prevention of Cruelty to Animals) and will remain at the Miller farm until homes can be found.

Jinney said additional charges could be filed based on a pending report from Dr. Joe Anderson, Bath Veterinary Clinic, who was called to the scene Tuesday to examine the situation. “We can’t say if the horses died from starvation until we get the vet’s report,” Jinney said. “I am not a veterinarian, and when doing any investigation, we always go by what the professional determines as the cause of death. When we get the report, I will take that to the Rowan County Attorney’s office.”

As of Thursday morning, County Attorney Willie Roberts had not spoken to Jinney concerning Anderson’s report. The Rowan County Sheriff’s Department and the KDA continue to investigate.