plea deal offer

By TRAVIS NEFF

travisn@pdclarion.com

PRINCETON-A six-person jury will be called in the case of a former Owensville man accused of abusing dozens of horses, said the judge hearing the case.

Richard M. Stallings, 66, turned down a plea agreement and opted for a jury trial to determine the outcome of 50 criminal animal cruelty and neglect charges.

After asking Stallings if he was sure he understood the possible penalties of a conviction and that he had consulted with his attorney Michael Cochren, Judge Earl Penrod said the beginning trial date of Feb. 19 was confirmed.

Stallings is charged with eight felony counts of cruelty to animals and 42 misdemeanor counts of neglect of a vertebrate animal.

"My client maintains his innocence and the only way for him to clear his name is to have a jury tell us he's innocent," said Cochren. "We intend to prove that at trial."

Chief Deputy Prosecutor Sharon Werne said she was not surprised Stallings wanted a trial. "We're ready to seek justice for these animals," she said.

Both parties declined to reveal the nature of the proposed plea agreement. Werne said that depending on varying interpretations of statutes, Stallings could be facing a prison sentence of at least eight years and as many as 12 if he is convicted.

During Thursday's hearing, Penrod said he was not a party to the plea agreement discussions and did not know what the state offered to Stallings in return for entering a guilty plea.

Both the prosecution and the defense were ordered to submit witness lists for the trial, which Werne said would include veterinarians, Gibson County Sheriff's deputies, Gibson County Animal Services Director Brenda Foley and Indiana Horse Rescue Director Anthony Caldwell.

The farm has since been purchased by Indiana Horse Rescue and is used as a sanctuary for mistreated horses.

According to an affidavit for probable cause, several of the horses had been kept in urine and manure-soaked stalls and were mal-nourished. Foley visited the farm on multiple occasions and Stallings had been given a chance to clean up the horses' living conditions, but they did not improve, according to the affidavit.

Some of the horses had to be euthanized after being seized by authorities, the affidavit says.

A search warrant was served in January 2006 at the farm Stallings operated in Southwest Gibson County, after police received complaints of horses being kept in unsanitary conditions and improperly disposed horse carcasses.

Werne said that if Stallings is convicted, the prosecution wants him to serve jail time.

Penrod said a questionnaire would be sent to prospective jurors prior to voir dire. Cochren asked for a change of venue in the case because of pre-trial publicity, but Penrod denied that motion.

Three weeks were set aside for the trial due to the number of witnesses and the number of exhibits which will be shown in the case, but on Thursday, Werne said the state could possible present its case within a week.

Cochren said he would also call expert witnesses to the stand to testify on his client's behalf. Jurors will be shown pictures and videos of the animals, Werne said. Penrod said he may order new audio/visual equipment installed so the jury can better see the images.