NorthwestFebruary 11, 2004

Attorney says authorities rushed to impound Wally Butler's animals

MOSCOW -- The attorney for a Kendrick man accused of neglecting horses impounded two weeks ago said Tuesday he appreciates the scrutiny being exercised by Latah County prosecutors.

But attorney Richard Christensen of St. Maries said he's still convinced authorities overreacted when they took 51 horses and a llama from Wally Butler during an early morning raid.

"I don't believe he received a fair shake prior to the seizure," said Christensen.

Prosecutor William Thompson Jr., meanwhile, said his office continues to talk with Christensen while investigating the case.

"A charging decision has not been made," said Thompson. "It's complicated because there are so many animals."

The seizure was conducted on authority of Idaho Department of Agriculture Veterinarian Scott Barnes. According to the Latah County Sheriff's Office, Barnes determined that many of the horses suffered from dehydration and were malnourished.

The animals, according to Thompson, remain confined at the Lewiston Livestock yards and are being monitored by a second veterinarian. Thompson said the professional assessment by both veterinarians would be considered.

Butler, 58, could be charged with misdemeanors for each animal, according to Thompson. A misdemeanor is punishable by a maximum $300 fine and six months in jail.

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A Feb. 20 hearing was scheduled after Butler, a regional manager for the Idaho Farm Bureau Federation, asked the court to return the horses. A number of witnesses on both sides are expected to be called at the hearing.

Thompson and Christensen confirmed that the case has triggered polarized responses from people siding with either Butler or the state.

Butler has said he thought authorities were satisfied with how he was tending his horses. Barnes, according to authorities, acted on a complaint from a citizen or citizens. Thompson said once the veterinarian had made a determination to impound the animals, the sheriff's office had to take action.

Members of the Latah County Sheriff's Posse descended on property leased by Butler and the animals were loaded into a number of horse trailers for transport to Lewiston. Butler said he was not notified about the seizure, but got wind of it the night before the action was taken.

All the horses were identified by physical description and were scored as to their health. The assessment, said Thompson, is a standardized method recognized throughout the industry. Information on how the animals were scored has not been made public.

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Johnson may be contacted at deveryone@potlatch.com

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