Guilty in “livestock run at large” case

Sometimes neigh means nay

RUTHERFORDTON – In Superior Court Wednesday, August 5, 2015, the jury found defendant April Biddy guilty in allowing her stallion to run free on neighboring Hudlow property. Biddy was charged under:

NCGS § 68-16. Allowing livestock to run at large forbidden. If any person shall allow his livestock to run at large, he shall be guilty of a Class 3 misdemeanor.

neighDuring the period of Sept. 13–18, 2014, the stallion had been reported running loose more than once. This incident involved the stallion gaining access to the horses owned by Frankie Foster and kept on her property. The stallion was not stopped by the fence and gained access to Foster’s horse. The stallion mated with all four of Foster’s mares and impregnated them. Her gelding was also injured in this incident.

Sheriff Deputy Leon Godlock had responded when it was reported that a gun was at the scene where the disputing parties observed the aggressive stallion mating with Frankie Foster’s horses.

When Biddy disputed ownership of the stallion and responsibility for his actions, Godlock informed the horses’ owner, Frankie Foster, she had the option of filing charges with the magistrate.

“All four mares were impregnated and underwent abortions. It was very sad to see what they went through,” said Foster. “My gelding that I raised from birth will never be the same.”

Biddy was sentenced to 15 days in Rutherford County jail that was suspended to 18 months of supervised probation transferred to Henderson County where Biddy now resides, restitution to the horse owner for vet bills, and payment of court costs and attorney fees.

Assistant District Attorney Ken Sauve said, “This was an unfortunate incident that resulted in injury to Ms. Foster’s animals by an aggressive horse. We are satisfied with the outcome of this case.”

When asked for comment, Lt. Leon Godlock asked all animal owners to keep their pets and livestock on their own property and under their control. It’s the law.

The parties may meet again with Judge Judy who has shown an interest in the case.