Who, age What Where When Last known address
Brian Travis(1) 12 horses seized

Candia, NH

Rockingham County

March 9, 2009 Candia, NH
Heidi Fredrick, 45 (2)

12 horses seized

Candia, NH

Rockingham County

March 9, 2009 Candia, NH
Type of Crime Other Crimes #/Type of animals involved Case Status Next Court Date
Misdemeanor   12 Arabian horses

(1) not charged

(2) Convicted

 

Twelve horses were seized over concerns about shelter and welfare, according to police.

Charges are yet to be filed and the investigation is ongoing.

Brian Travis of 456 Critchett Road said the Arabian horses, owned by his wife, Heidi Fredrick, were seized from his horse farm.

He said the horses are perfectly healthy and alleged they were taken because of a dispute with Steve Sprowl of the NHSPCA.

Update 3/11/09:  Twelve horses seized from a Critchett Road property this week and an additional 17 horses remaining on the land are under quarantine because they each lacked health certificates and proof of an equine infectious anemia test as required by state law.

Meanwhile, Colorado authorities confirmed that last fall they investigated concerns regarding malnourished horses at a farm owned by Heidi Fredrick, but no charges were filed and the case was closed.

Brian Travis, Fredrick's husband and owner of the Critchett Road property, said Fredrick boarded horses in Colorado and some owners were not taking care of them.

Lisa Massie, equine investigator for Douglas County in Colorado, said there was an investigation and concern about thin horses but the case has been closed and she did not have further information.

New Hampshire law requires that horses have a health certificate and proof that an EIA test has been done within six months prior to entering the state.

EIA is a contagious disease that can pass quickly between horses and is "reportable" under state law, according to state veterinarian Steve Crawford.

(Photo courtesy of Gretyl Macalaster/Union Leader - Some of the 17 horses remaining at Brian Travis' Candia farm take shelter).

"No one wants sick animals coming into the state," said Lori Towle, data control clerk for the division of animal industries at the New Hampshire Department of Agriculture, Markets and Food. She added that the test is required even if a horse is coming into the state for a fair or a show.

Travis said he was not aware of the law, or that he was in violation of it, until he received a search warrant.

He said he was informed that all of the horses must remain in quarantine until negative test results are received.

Candia Police Chief Mike McGillen said the 12 horses were taken because of shelter and welfare concerns, not because they lacked health certificates.

Two veterinarians examined the horses on scene, and although they were called in by the New Hampshire Society for the Prevention of Cruelty to Animals, they do not work for the organization.

Dr. Simon George, with the Deerfield Veterinary Clinic was one of the veterinarians on scene.  "His role was to make sure that the animals' safety came first and foremost above everything else," Jenni George, co-owner of the Deerfield Veterinary Clinic and George's wife, said. She said she could not make any comments on the condition of the horses because of the ongoing investigation.   George confirmed that her husband had visited the Travis property at their request a couple of weeks ago to examine a horse with an injured foot.

Dr. Sara Hodgdon, a veterinarian with TNT Equine in Dover was also on scene.

McGillen said the search warrant has been sealed and he still cannot comment on who filed the original complaint. He said the investigation is ongoing as police await reports from the veterinarians and others involved.

George said the paperwork takes some time because of the number of horses involved.

Travis said police told him that the complaint was lodged about two weeks ago.

Dr. Crawford said he was contacted by the police department last week regarding whether the horses had health certificates or not.  Dr. Crawford said there were none on file in New Hampshire or with the Colorado Department of Agriculture.

Towle said the division often does not know if horses lack certificates unless they receive a complaint. At that point, a letter is delivered instructing the owners that the horses need to be quarantined until the test is completed.  "Our goal is to just get the health testing done," Dr. Crawford said.

No charges have been filed in the case.

The seized horses are in the protective custody of the NHSPCA, but their location is not being disclosed.

Brian Travis, the property owner, said the horses are perfectly healthy and alleged they were taken because of a dispute with Steve Sprowl, an investigator with the New Hampshire Society for the Prevention of Cruelty to Animals.

Police Sgt. Scott Gallagher said the NHSPCA and the police department have been working together on the case for the past few months.

According to a news release from the organization, Candia police had contacted Sprowl regarding horses that were not afforded shelter, despite a state law requiring it.

The NHSPCA Disaster Response Team assisted police in removing 12 Arabian horses that were determined by a veterinarian to be at risk.

Two veterinarian technicians from the New Hampshire Department of Agriculture, Markets and Food were also on scene.
  (Photo courtesy of Gretyl Macalaster/The Union Leader - Brian Travis spends some time with one of the 17 horses left on his property after a seizure of twelve others)

Candia Police Chief Mike McGillen said the investigation is ongoing. He would not comment on where the complaint originated or what the probable cause was for executing the search warrant, which has been sealed.

Gallagher said any proof for a warrant would have to be more substantial than just a concern in order to obtain a warrant.

Travis and his wife, Heidi Fredrick, own about 40 acres at 456 Critchett Road. They have about 30 horses, 17 of which remain on the property. The backyard is dotted with shelters and paddocks, some in the process of being built. Sprawling bales of hay fill paddock areas and the front lawn.

The couple moved to New Hampshire last summer with the Free State project and brought the horses with them. Travis said Fredrick has had horses her entire life.

The Free State Project is an agreement among 20,000 people to move to New Hampshire, with a goal of creating a society in which the maximum role of government is the protection of life, liberty, and property.

In November, Sprowl attempted to search the couple's property to determine if there was adequate shelter for the horses, but was denied access because Travis was not home.

Sprowl called police and instructed Fredrick that if he were not allowed on the property, a search warrant could be issued and charges could be filed if adequate shelter was not found.

Fredrick told Sprowl if he wanted to reschedule when Travis was home, she thought that would be a fair arrangement.

Travis' son, Cooper, videotaped the exchange and was taken into custody after refusing to stop the recording. No charges were filed and Cooper was released the same day.

Travis said if the situation had been handled differently, he would have worked with Sprowl and shown him the work he was doing to provide the adequate shelter required under state law.

NHSPCA  Role: The nonprofit organization is called in to assist with animal cruelty investigations in addition to being a community resource center providing animal adoption, education and sheltering services.

Authority: The NHSPCA is not an enforcement agency and has no authority to arrest or search a property, according to state and local officials. Candia Police Sgt. Gallagher said the power to arrest or charge someone with a crime against animals lies with local law enforcement.

Under state law, horses must be provided a roofed shelter with at least three sides from Nov. 1 to April 15.

Travis said he had no contact with Sprowl after the November incident and was never told that the shelter he provided was inadequate.

He acknowledged that some of the horses were thinner than he would like after a stressful move from Colorado and adjusting to the New Hampshire winter. He also said some areas had been temporarily crowded while new shelters were being built, but said none of the animals were in poor health or lacked shelter.

"Steve Sprowl has a vendetta against me because I didn't play by his rules; it is the only thing that makes sense," Travis said. "It seems to me if someone is abusing their animals the government has a right to get involved, but that is not happening here."

Under state law, only the state veterinarian or a licensed veterinarian can make a probable cause determination for seizing horses pursuant to a cruelty investigation, and horses cannot be seized without probable cause.

Teresa Paradis, founder and director of the Live and Let Live Farm, a non-profit rescue shelter for horses in Chichester said she received a call for help from Fredrick about six weeks ago.

Fredrick originally talked about sending nine or 10 horses to the farm because of financial difficulties. Paradis said Fredrick was then able to get money together for hay and only three horses were taken. Since then, the family's financial situation has improved, Travis said.

Paradis said although some of the horses were a little underweight, none were emaciated and she did not see signs of imminent danger to them.

She said she gave Fredrick some advice on shelters that needed repair.  "They seemed like very concerned people in a bad situation," Paradis said. "They did not seem set up for 25 horses."

The horses are being held in protective custody by the NHSPCA, but their location is unknown.

Update 3/26/09:  A Candia woman has turned herself in to police after several animal cruelty charges were filed against her.

Police seized a dozen horses from the home of Heidi Fredrick, 45, last month in what animal welfare officials called the largest horse rescue in recent history. Authorities said the animals were severely malnourished, their ribs clearly visible.

"It makes me sick to see animals look like that," said Joe Leblanc of Rockin' Horse Ranch.

Fredrick turned herself in on nine counts of animal cruelty and eight counts of inadequate shelter.

"There was feces embedded in them," said Sgt. Scott Gallagher. "The conditions of pens were poor, not adequate."

Gallagher said Fredrick had 29 horses on her property in November when the complaints started coming in.

"Different residents driving by a lot are near the road," Gallagher said. "They could see there was poor shelter."

Leblanc was one of several people there when police seized the horses. He's now helping to care for some of them, and he said it's a good thing police got to them when they did because they were riddled with worms.

"Basically they were eating and at the same time, they were slowly starving," Leblanc said.

Police said they are now working with Fredrick to get her to follow state law by feeding the horses and providing shelter during the winter. The Society for the Prevention of Cruelty to Animals said it is already overwhelmed with neglected horses and is struggling to take on more.

Update 3/27/09:  Two foals seized during a raid in Candia earlier this month were malnourished, had extreme cases of worms and needed additional care.

The two colts and a three-year-old stallion are being cared for now at Rockin' Horse Ranch and are recovering nicely on a regular diet of hay and grain, said Joe LeBlanc.

The horses' owner, Heidi Fredrick , 45, of 456 Critchett Road in Candia, has been charged with nine counts of animal cruelty and eight counts of inadequate shelter after 12 horses were seized from the property she shares with her husband Brian Travis.

LeBlanc took in the two horses at the request of the New Hampshire Society for the Prevention of Cruelty to Animals and has been caring for them since.

LeBlanc said the initial condition of the baby horses made him "sick."

The baby horses still had worms in their manure more than a week after they were initially treated, LeBlanc said.

"The problem with the two babies is they were eating but they weren't getting nutrients because they had an extreme case of worms," LeBlanc said.

The foals also needed to be shaved because the condition of their coats was so bad.

"They had blankets on, and after we pulled the blankets off, we found they had incredibly oily, matted, nasty fur under there," LeBlanc said. "We made attempts to clean them up ... but found it was impossible."

He said the coats were matted with dirt, dust, grime and fecal matter. He said the fur came off in clumps when they were shaved.

LeBlanc said the horses also suffered from a bit of "rain rot" -- a fungus that grows on the skin, caused mostly by wet conditions.

The stallion was brought to the farm for additional care.

It is also recovering from malnourishment and numerous bite marks, likely caused by other horses he was paddocked with, LeBlanc said.

He said it appears the stallion was bullied by other horses and was probably underfed because other horses would not let him near food. He said the horse had numerous scabs and cuts over his body.

"I don't believe he was abused physically, except by his peers," LeBlanc said.

LeBlanc said the horses were evaluated by Dr. Simon George of the Deerfield Veterinary Clinic and he continues to be their veterinarian.

George was one of two veterinarians at the scene of the seizure. They helped determine which horses were in need of care and had to be removed.

All three horses are gaining weight and look healthier, LeBlanc said. Ribs were visible in the baby horses when they were seized, even more so when they were shaved.

LeBlanc has assisted in transporting and fostering horses for the NHSPCA before.

"Especially with the amount of horses going through problems like this, they need as much help as they can get," LeBlanc said.

The rescue has put new demands and additional strain on already tight resources at the NHSPCA, according to a press release from the agency.

NHSPCA investigator Steve Sprowl said he is not making any comment regarding the case, which is being handled by the Candia Police Department.

Police said they are working through Fredrick's attorney to return some of the horses.

Fredrick and Travis have built additional shelters on the property since the seizure and have repaired other shelters damaged during the December ice storm.

Fredrick is scheduled to appear in Candia District Court on May 6 to face the charges.

Update 4/19/09:  11 of the 12 horses seized last month have been returned to their owner.  Fredrick's attorney says he and the prosecutor agreed on care of the horses after their return and he is working with a veterinarian about the conditions for the last horse to be returned.

A trial is scheduled for July 22, 2009.

Update 5/12/09:  A deal to return the last of 12 horses seized in March has fallen through after a veterinarian determined it needs additional care, according to court records.

The other 11 horses have been returned to Fredrick with stipulations for ongoing care and scheduled visits from a veterinarian.

Fredrick is facing 9 counts of animal cruelty and 8 counts of failing to provide adequate shelter for the horses as a result of the seizure.

Last week, a Candia District Court Judge denied a motion to return the last horse, a stallion named Wysac.  According to the court order, the horse is "quite old, has not regained weight as the other horses did, and needs a liquid diet".

Fredrick's attorney, Donald Sienkiewicz said" I thought we had a done deal, I don't know why, now, at this point the state is suddenly changing their mind and saying we want to keep this horse until trial".

Update 7/2/09:  Fredrick was back in court yesterday trying to get back the last of the 12 horses seized in February.

Judge David LeFrancois took the request for the last horse to be returned under advisement and should issue an order within a few days.

Fredrick attempted to get the horse back in May, but her motion was denied by LeFrancois. According to that court order, the horse is "quite old, has not regained weight since seizure as the other horses did, and needs a liquid diet." The other 11 horses seized were returned to Fredrick in April with stipulations for ongoing care and scheduled visits from a veterinarian.

Prosecutor Jackie Docko filed an objection to Fredrick's request for the horse to be returned, but it was not available at the Candia District Courthouse yesterday.

Docko told the court that police have been called to assist with loose horses eight times over the past few months, including the night before the hearing. Docko added that one time a horse damaged a neighbor's property, but Fredrick immediately hired a landscaper to repair the damage.

Fredrick said she contests the fact that horses have gotten loose eight times and said she is doing all she can to install new fences, but is limited by finances.

Fredrick said she has taken on a second job and a professional fence installer is ready and waiting to install new electric fences when she is able to pay for it.

Fredrick was scheduled for trial later this month, but it has been continued until October.

Update 10/9/09:  local woman who was facing numerous charges related to the seizure of 12 horses in March has reached an agreement with the state in which most of the charges were dropped.

Fredrick, pleaded guilty to two violation-level charges of inadequate shelter. Nine counts of animal cruelty and six charges of inadequate shelter were nol prossed.

Fredrick agreed to pay $11,902.12 in restitution over the next five years. Fredrick must make a payment each month and if she fails to do so, she will be held in contempt of court, according to the agreement.

Fredrick also received a $1,000 fine that is suspended upon one year of good behavior and repayment in full of restitution to Candia.

Fredrick may not petition the court to annul the convictions until restitution is paid.

In a letter to the police chief explaining her rationale for the agreement, prosecutor Jackie Docko said the agreement meets the four goals of sentencing, which are rehabilitation, specific deterrence, general deterrence and punishment.

Docko wrote that Fredrick immediately took the remedial steps that the SPCA had been asking her to do, which was to provide appropriate shelter, food and supplies for the horses.

Docko also wrote that Fredrick was punished and suffered by way of removing the horses she loved from her care until she could prove that she could provide what the horses needed and what the statute requires.

"The defendant is a 45-year-old woman with no criminal record who clearly took ownership of more horses than she could care for. The state has always maintained that her intentions were not to mistreat the horses, but she failed to recognize that she was in over her head," Docko wrote.

The New Hampshire SPCA sent out a press release yesterday expressing their disappointment in the decision.

"We are extremely disappointed with the outcome of this case. The fact that the Rockingham County Attorney's Office has chosen to reduce these charges imposing nothing more than a slap on the wrist is not only sad, but unjust," Lisa Dennison, executive director of the NHSPCA said in the press release.

"From the start, the goal of the state was to protect the horses and see that if the horses were returned to the owner, proper care continued. That is what occurred in this case," Docko wrote in her letter to police Chief Mike McGillen.

Fredrick's husband, Brian Travis, said she had been vindicated by the decision.  "I think it is best we could have come up with short of going to trial," Travis said.

Reference:

The Union Leader

WMUR TV 9

The Nashua Telegraph