'Worst case of animal abuse' ends in probation

When state and local authorities removed 14 emaciated horses and 49 horse carcasses from Larry Browning's Pendleton County farm in mid-April, Animal Control Officer Scott Pracht called it the worst case of animal abuse he'd ever seen.

Nine months later, however, Browning is free on probation and allowed to care for horses once more.

A plea deal was reached Jan. 6, a week before the case was scheduled to go to trial.

Pracht is so outraged that he has quit in protest, but the prosecutor calls the agreement a fair deal that allows the county to ensure Browning won't become a repeat offender.

"Everybody – even the animal rights activists – said they did not want Larry Browning to go to jail; they just wanted to make sure Larry Browning could not continue in the horse business. And I felt this accomplished that goal, at least for the next 18 months," said Pendleton County Attorney Jeff Dean. "I intend to make Mr. Browning live up to his agreement."

Browning was charged with 14 counts of cruelty to animals and 49 counts of failing to dispose of an animal carcass within 48 hours, first offense. The plea deal merged the charges into a single count of failing to dispose of a carcass, second offense.

Browning entered an Alford plea, admitting there was enough evidence to convict him but not admitting guilt. He received 18 months' probation and must repay the county $7,500 for the care of the horses removed from his farm; a lien against his farm is intended to ensure repayment.

Five horses in good health were left on his farm in April and Dean said he has cared for them without incident since then. Browning was allowed to keep them and the county will check to ensure they're treated well, the county attorney said.

But Pracht said the agreement doesn't go far enough.

"I felt that there was plenty enough evidence to get a conviction, and I was disappointed," he said. "It was an unjust end to this case. It sends the wrong message to the public, that these kinds of things can happen and you can get away with it."

Pracht, who worked part-time for Pendleton County and works full-time in Kenton County, spent more than a month investigating Brown after receiving an anonymous tip about starving horses. He said the evidence he gathered included hundreds of photos, veterinarians' reports on the horses' health, and scientific analysis of the hay and water on the farm.

Authorities removed 15 horses from the farm: 14 emaciated ones, plus a mare who had just given birth and was not in poor health.

Most of the horses had Henneke body scores of between 1.5 and 3; healthy horses have body scores of between 4 and 7. And Pracht said the farm's water sources were all contaminated with dead horses, there was no grass for the horses to eat, and the quality of the hay was suitable for cattle, not horses.

Browning initially agreed to an interview with the Enquirer through his attorney, but he canceled the appointment.

He and his attorney, Donald Wells, have maintained that Browning did nothing wrong and was simply overwhelmed by caring for horses left on his farm by others amid last year's harsh winter. Dean said his fear was that a jury of Browning's peers might agree.

"Larry was somewhat victimized by several things, including the closure of all those horse slaughterhouses that we once had, and the fact that he tried to cooperate with some other folks who couldn't care for their horses anymore or didn't want them," Wells said.

He said Browning intends to retire from the horse business and sell his 70-acre farm.

The emaciated horses removed from the farm were placed in foster care, and Pracht said they're thriving. In fact, he and his wife adopted one of them, an Appaloosa mare named Macy.

"All the horses are looking great," he said. "All it took was giving them hay, a proper water source and de-wormer. I didn't work any magic on them; all it took was feeding them properly."