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Horse Abuse - Terry Baxter
 Above is one of the mare's taken from Terry Baxter's residence.
Nine horses were removed and four (now five) were found starved to death, unaccounted for were the sheep that were on his property but had been moved prior to Animal Control's seizure.
Baxter of Georgetown Road faces four counts of failure to properly dispose of a dead animal, a Class D Felony and only four counts (even if there were 9 animals) of animal cruelty, only a Class B Misdemeanor.
October 12th, 2007:
Terry was sentenced to 10 years in jail with all but 2.5 years suspended. He will serve this at a state facility starting TODAY! This also means that he will be retiring from Cummins. Terry was also given 4 months of county jail time on all counts of cruelty, with all suspended and 19.5 years of probation. Five years of probation are reporting and the other 14.5 are non-reporting. He is not allowed to own animals on his property or any property during his probation period.
Shirley Smith will receive some payment for the expenses of caring for the horses, and Terry forfeits the horses to her.
Thanks to all for supporting CARE and the Hooved Humane Society in wanting Terry to pay for his actions. He started abusing animals in 1967.
August 20th, 2007:
GUILTY!!! For those who have been hoping for justice to be served, Terry was found guilty on 16 counts. He was charged with 17, but the nursing foal was not deemed to be directly dependent on Terry for food (though her mom's milk had dried up and she would have died had she stayed there) so only 16 were guilty. Twelve of the charges were neglect (misdeamenors) and 4 were failure to dispose of a dead body within 24 hours (class C or D felony).
Terry will be sentenced on Oct. 12th. The belief is that the probation department can now gather all past history, and the judge can factor this into his sentence. Let's hope this guy is never allowed to do this sort of thing again!
Thursday August 9th, 2007:
Today the preceedings were led by Dr. Wagner (the vet who examined the horses the day after they were rescued by Shirley Smith), the State Veterinarian (who examined the horses 2 months later), and the witness from the State health Dept. (who handles issues such as leaving dead animals laying around for more than 24 hours). The two vets seemed to do a very good job, and both scored the horses very similarly. The State vet did not see the horses at their worst but concurred with Dr. Wagner's assessment of their health. Both vets agreed that the horses that were taken would be dead if action had not been taken by Animal Control and the Smiths.
The jury was allowed to ask questions, and today they asked many. The questions must be submitted on a piece of paper. Both attorneys then look at the questions with the judge and decide whether to allow them. Some of the questions included: "How many horses have died on your property over the years?" (Mrs. Baxter could not remember---but she thought a few....) "Does your horse bussiness make money, has it ever made money, would culling the herd make financial sense?" (No,it does not, has never and yes, culling would make sense -TB)
Terry finally admitted to leaving dead animals on his property for over 4 days. (The law states that they had to be removed within 24 hours). He also stated that the horses looked good to him other than 2 older ones. (All three vets who saw the horses estimated the age of the oldest to be 21-24. On the scale of 1-9, used by most vets when looking at the condition a horse, they determined that the best horse was only a 4 on the scale, and the worst were 1's. The remainder of the nine horses were 2-3). Terry indicated that he preferred the horses to be lean because it was easier for them to give birth, and that he thought it was better for their legs. Terry's son at one point had to admit that he thought the horses were too thin.
Terry said that the 4 dead horses had been fed and given water that morning, and that when he came home after work and went to feed them 3 were dead and one was dying. The one that was still alive had gotten under a rotting shed, so Terry said he got his son's truck and pulled the horse out. He then indicated that when he went and got a pail of grain, the horse did not eat it. This would be the unexplained bucket of untouched grain sitting by the horse's head. Terry said that he felt that the horses died that day either from being struck by lightning (though there was no proof or signs of a lightening strike on any of the animals), or that they were poisoned by eating a cherry tree (that Terry found 2-4 weeks after the horses died), or that they were trampled (his son Jody shared this belief). An interesting note is that neither the sheriff's deputy, animal control nor Shirley saw any food or water at either farm. This begs the question that if Terry had fed and given them water that morning, would there not have been some signs of this?
The State's attorney may have some information leading her to think that Terry kept these 4 penned up because his fence is in poor condition, and the horses kept getting out causing the neighbor to call Animal Control on a number of occasions. Animal Control then would talk toTerry about fixing his fence. Terry called Animal Control at the beginning of that month to say that the problem had been taken care of. Terry also said there were 9 other horses on his property, but Shirley Smith, Paul from Animal Control, and the Sheriff deputy did not see these 9 other horses. (Terry admitted to taking them to the Johnson County Auction barn). As a side note, Terry still wants his 9 horses back that were taken from him over a year ago despite the fact that they would have been dead had they not been taken from him).
Terry has one more witness Thursday morning and then they will have closing arguments.
Tuesday August 7th, 2007:
The State opened with what she was going to show and who she would be bringing to the stand. The Defense opened with "the horses were old, they were shedding winter coats, they may have been struck by lightening or poisoned.......the old ones were "put out to pasture rather than sent to a place to be killed and left to die of natural causes "
From the witnesses: it started with the truck driver from Silgas that discovered the dead horses, thenPaul from County Animal Control who was very precise and was not swayed by any innuendos from the Defense (Paul had called in Shirley Smith from Indian Hooved Humane Society to help), then TA Smith, with the Sheriff's department who also held his ground and answered questions directly. Shirley then came off as very knowledgable and answered all questions quite well. All witnesses, Paul, TA Smith and Shirley, went by the book getting this case put together. This is not the first time Terry has done this. A while back, the AC officer, Teresa Branum, had the same thing happen with Terry who was then banned from having horses for 5 years.
Three horses died in a muddy "pen" surrounded by rough pasture. There was no food on the property and no water in the trough. They were actually decomposing and sinking into the mud of the pen. Another horse was found in the "pasture", also dead, with a bucket of feed 3 feet away from him (untouched). Terry's son said the horses had been trampled. Defense is trying to say they were"poisoned, hit by lighting and/or old". Fact is they were left there too long and four charges of failure to remove a body (felony) were filed agaist him.
While investigating the dead horses the 9 starving horses were discovered on Terry's property where he resides. Many pictures were taken showing ribs, exposed backbones and hip bones plus loss of hair. These horses were in a "pasture" (no grass here either) that was connected to his house. So, everytime Terry or his son Jody or his wife left their home they would have to pass these horses. Paul and Smith checked the barn for feed (at both places) and all they could find was 1/2 a bucket of Purina horse feed and straw. There were also sheep on the property but that is a seperate issue. There were nine counts total of cruelty to animals.
Wednesday at 8:30 Dr. Brock Wagner will testify and then the State veterinarian (who saw the horses two months later) will also testify.
Tuesday August 7th, 2007:
Trial begins! Jury Selection this morning with Opening Statements this afternoon, trial will continue all day Wednesday August 8th - please come and show him that our community will not tolerate animal abusers and we have not forgotten his repeated offenses to horses and other animals.
Tuesday April 3, 2007:
Trial postponed until June 26th (postponed again to August 7th) -- But good news, State found a witness that will prove damaging to Baxter, so Baxter's lawyer was given more time to prepare for trial.
Monday November 27, 2006:
Here is a very uplifting update in the Baxter saga, Terry was denied in his request to sell the horses that are now in Shirley Smith's rescue. So that is great news! Here are the dates for upcoming trials etc, we'll keep you posted as we hear more - - The trial for Terry, has been continued.
He has a pretrial hearing on the 8th of December - just the judge, Terry, his lawyer and the prosecutor.
He has a plea hearing on the 8th of January.
Then if he does not plead guilty then we will go with a jury trial on the 23rd of January.
Good news. After reviving all and getting information from both sides, Judge Heiman refused Terry's petition to sell the animals. He granted our petition to stop the sale of the animals.
Terry's lawyer came back that the Indiana law was unconstitutional. The judge said the law was - and that was the end of that"
Monday October 9, 2006:
Baxter has court hearing for requested change of venue - court denied request.
Baxter also requested to get horses back to sell at auction, state legal representation denied request and was given 7 days to provide documentation regarding foster homes right to the horses they have rehabilitated.
Monday 7/3/2006:
PETA sends letter to Prosecutor Bill Nash: July 3, 2006
The Honorable William M. Nash
Office of the Prosecuting Attorney, Bartholomew County 234 Washington St. Columbus, IN 47201
Dear Mr. Nash:
People for the Ethical Treatment of Animals (PETA) is the world’s largest animal rights organization, with more than a million members and supporters dedicated to animal protection. This letter concerns a recent case of cruelty to animals that your office is handling involving Terry Baxter of Columbus. Baxter faces charges stemming from authorities’ reported May 25 discovery of nine severely malnourished horses—and the rotting remains of four others—on his Georgetown Road property. We understand that the survivors were seized and are recovering. The decaying remains of a month-old foal were found on Baxter’s property on June 13, according to news sources.
Mental health professionals and top law enforcement officials consider the blatant disregard for life and desensitization to suffering evidenced by all forms of cruelty to animals to be a red flag. In fact, the American Psychiatric Association identifies cruelty to animals as one of the diagnostic criteria for conduct disorders, and the FBI uses reports of these crimes in analyzing the threat potential of suspected and known criminals. Experts agree that it is the severity of the behavior—not the species of the victim—that matters.
On behalf of our thousands of members and supporters in Indiana, we respectfully ask that, if convicted and in addition to serving a period of incarceration, Baxter be required to undergo a thorough psychological evaluation followed by mandatory counseling at his own expense. Because repeat crimes are the rule rather than the exception among animal abusers and given the suspect’s apparent prolonged and utter disregard for the lives and suffering of animals in his custody, we implore your office to take every measure necessary to ensure that he, if convicted, is barred from all future contact with animals and to immediately seize any animals who remain in his charge.
Thank you for your diligence in this matter and for your time and consideration.
Sincerely,
Dan Paden, Researcher Domestic Animal and Wildlife Rescue & Information Department
Tuesday 6/13/2006:
Paul East & Trudi Smith, County Animal Control Officers have found another dead horse, a 1 month old foal on Baxter property - there was a suspicion that one of the mares Shirley has, had been possibly nursing at one point, but no sign of a foal was apparent - now the mystery is solved.
Horses after 3 weeks of food and loving care:
Notice the difference in the Mare before (on left) and after (on right):
 The Mini's getting some attention INSIDE Premier Ag! :o)
Baxter Prior Abuse Reports & Convictions:
May 1984 - Ordered by Conservation Officers to bury 4 dead horses on property after neighbor complained. (No charges filed)
January 1994 - Arrested and Charged with Illegal Disposal of Dead Animals (Class D Felonly) and 5 counts of Cruelty.
4 dead Cows and 2 dead Horses were discovered. State Board of Animal Health determined neglect due to inadequate food and water and hazards in confined area the animals were kept. Fields were found to be strewn with skulls and other skeletal remains from large animals.
Pleaded guilty to 2 counts of animal neglect. Charged 6-month sentences for each. One year Sentence was Suspended - served Probation. (1 year sentence suspended)
April 1998 - 23 horses removed from property with 6 in serious condition. Charged with 7 counts of Animal Neglect. Ordered to properly care for 25 remaining horses on property and not to buy additional horses.
June 1999 - Pleaded Guilty to four counts of neglect (charged with seven total) for 1998 seizure of 23 horses. Made to serve 180 days (all but 30 days suspended) and served time during weekends. Made to pay Restitution on all seven neglect charges (totaled $50,000). Put on probation for 2 1/2 years and not allowed to own animals during that time, also had to serve 640 hours of community service at a local animal facility.
See end of webpage for The Republic articles about prior seizures.
Recent Articles in The Republic:
8/9/2007
Defendent Claims Regular Feeding of Horses
By Chris Schilling cschilling@therepublic.com
Terry Baxter testified Wednesday that he fed his horses twice a day and worried about only two of the animals’ appearance. He said he could not explain what killed four horses from his 22-head commercial operation that led to 17 criminal charges filed against him.
“I looked best I could,” Baxter said. “Seemed like there was a streak on two of the horses’ legs.” He said he later found poisonous vegetation on his property that could have led to the horses’ deaths, and his attorney has said the horses possibly were struck by lightning.
Baxter, 61, of Columbus, is on trial this week for allegedly neglecting 13 horses, four of which died and nine that authorities say were malnourished. He is facing four charges of failure to properly dispose of an animal and 13 charges of animal cruelty. Veterinarians testifying for the state said Baxter neglected the horses.
Jurors have viewed photos of dead horses and animals reduced to skin and bones. Baxter said Wednesday he fed his horses at least 200 pounds of feed twice a day. On May 22, 2006, he went to feed a group of 13 horses and found three dead and one nearing death, he said. Baxter said he attempted to
revive the dying horse by putting more feed out for it. “All I wanted to do was save that other mare,” he said. But he said he was unable to remove it from the property, because the ground was too muddy. The next morning, the mare had died.
The dead horses stayed in a muddy corral on Baxter’s property until May 27, when he took them to an animal disposal plant in Greensburg. The law requires dead animals to be disposed of within 24 hours, through burial, composting, incineration or animal disposal plants.
Baxter testified he was aware of the law but unable to get the animals off his property because of the muddy conditions. He said he didn’t feel comfortable with the environmental aspects of burying or burning the animals, and he didn’t know how to compost them. Authorities have testified that Baxter had no feed on his farm for his horses. However, he said the lack of feed was because his son was to buy more the day an animal control officer searched the property.
Authorities took the nine allegedly malnourished horses, but Baxter said they left nine others. He since has sold them. Baxter said some of his horses were lean because it made them healthier. His only concerns were for the two oldest horses, because they were not responding to his feeding program.
Baxter’s trial is expected to conclude today.
8/8/2007
Jurors see photos of starving, dead horses
The trial of a Columbus man accused of neglecting horses started Tuesday with jurors viewing photos of the dead and malnourished animals.
Pictures showed four dead horses rotting and nine malnourished animals with ribs and hips protruding
through their skin.
Terry Baxter, 61, of Columbus, has been charged with four counts of failure to properly dispose of a dead animal, all Class D felonies, and 13 counts of cruelty to an animal, all Class B misdemeanors. The charges stem from a May 2006 incident when authorities found the animals on Baxter’s property in western Bartholomew County.
A six-member jury and one alternate are hearing the case.
Kathleen Burns, Bartholomew County chief deputy prosecutor, told jurors the evidence will show Baxter did not dispose of the dead horses within the 24 hours imposed by the law. She also said authorities found no food on the property for the nine living horses.
Baxter’s attorney, Jack Rogers, told jurors the dead horses were victims of poisonous vegetation or lightning strikes — not malnourishment. He said the horses were left out to be picked up by an animal disposal plant. All the horses were on a nutritional program except for two older ones, Rogers said.
Affected by age The animals appeared neglected because of their age and their attempts to remove their winter coats by rubbing against posts, he said. “You have to draw on your own experience of what your 90-year-old grandfather looked like,” Rogers said, adding that older animals do not eat as well or sustain weight as do younger animals.
Four witnesses testified for the state Monday: the man who discovered the animals, an animal control officer, a sheriff’s deputy and the woman who retrieved the horses and cared for them.
The dead horses were on a property adjoining the land where Baxter’s house is. They were inside a “makeshift” corral, witnesses said. A dilapidated barn and abandoned house also were on the property, which had been grown over by weeds. However, the horses had no vegetation in their pen, according to the witnesses. One horse’s body was found outside the corral near a small pan of food.
Authorities testified that they found the malnourished horses on the other property within eyesight of Baxter’s front door. Columbus Silgas employee Carl Hill said he discovered the dead horses while retrieving a propane tank from the property. “They were sunk down in the mud. They were beginning to bloat. There were a lot of flies,” Hill said.
Bartholomew County Animal Control Officer Paul East said he contacted Shirley Smith, who specializes in rescuing horses, to take the malnourished ones because he was worried they also would die. Smith, president and lead investigator of Indiana Hooved Animal Humane Society, said a state veterinarian inspected the horses a few months after they were taken from Baxter and said that they had improved.
“I considered this to be a severe case of neglect and malnutrition,” Smith said.
1/6/2007 | | With 'round bellies'
Neglected horses healthy, no longer hungry
By Kelsey VanArsdall
She Magazine Editor
Nearly seven months ago, nine horses arrived at Sam and Shirley Smith's farm with protruding ribs and haunches, their bodies littered with lice and scabs.
On a recent December day, the round bellies of Little Sue and Sister, two of the nine, shimmered in the sun, and the horses' straightened, full tails whipped in excitement.
"They're fat and happy now," said Shirley Smith of the Indiana Hooved Animal Humane Society.
"It's amazing, the difference."
The Smiths took in the malnourished and neglected horses in late May after they were removed from the property of Columbus resident Terry Baxter.
Four horse carcasses also were found on Baxter's property, and the 61-year-old faces four counts of failing to properly dispose of dead animals, a Class D felony and five counts of animal cruelty, a Class B misdemeanor.
The Smiths nursed the horses back to health and found foster homes for the nine horses.
"(At first) we let them settle and get their belly full of food," said Shirley.
Then came the difficult task of delousing and deworming the rescues, removing the scabs of rain scald, a fungus that develops on horses kept in poorly maintained stalls and washing all in an iodine bath.
"It took two months to get rid of all that," said Shirley.
With all the rescues the Smiths have taken in since they started in the 1980s, the couple has never worried about infesting their horses.
"These horses that come in aren't sick or diseased," said Sam.
"They're just starved, and that's the problem."
"You do it so long, it's like protocol," said Shirley.
Shirley was meticulous when it came to selecting foster homes for the rescues.
Nancy and Billy Moore of Brown County took in Sister.
"We love her," said Nancy.
"We're hoping when this is all settled that we'll get to keep her."
The couple has enjoyed seeing Sister adjust to their farm and start "being a horse again," said Billy.
At the Moore farm, Sister gets a separate feeding block, because she's too timid to get in with the other horses.
"We're overprotective," said Nancy.
"There's no way we'd let anything happen to her again."
Baxter's trial is scheduled for 8:30 a.m. Jan. 23 at Bartholomew Circuit Court.
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| 6/22/2006 5:26:00 AM | |  | | Terry Baxter already faces four counts of animal cruelty, a Class B misdemeanor and four counts of failure to properly dispose of a dead animal, a Class D felony. |
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Dead foal found on Baxter’s property
A fifth dead horse was found on the property of a Columbus man already charged with animal cruelty.
Animal control officers found a decaying foal on Baxter’s Georgetown Road farm June 13.
Officer Trudi Smith said the month-old foal died about the same time as the other animals.
Baxter already faces four counts of animal cruelty, a Class B misdemeanor and four counts of failure to properly dispose of a dead animal, a Class D felony.
Bartholomew County Prosecutor Bill Nash said filing an additional felony charge for the dead foal would not result in further possible punishment for Baxter.
“No matter if we charge him with two or 42 counts, his maximum penalty is four years in prison,” said Nash.
The original charges stemmed from a May 25 incident in which animal control and the Bartholomew County Sheriff’s Department found on Baxter’s property four dead horses and nine others severely malnourished.
Baxter was arrested June 6 and released on $15,000 bond.
Nash said the prosecutor’s office is looking into other ways to penalize Baxter, including some form of restitution to be paid to those caring for the surviving animals.
Road to recovery
A mare and two miniature horses that Sam and Shirley Smith rescued from a Baxter’s farm in late May are growing stronger.
“We’ve named the big mare Hannah,” said Smith.
“She doesn’t even remember being ill anymore, and she meets you at the door now instead of pinning her ears back and shying away.”
Smith speculated that before long, the rescuees would resemble five recovering Rocky Mountain horses placed in the care of the Smiths in late April. The neglected horses were taken from a Morgan County farm.
The black Rocky Mountain horse strode out of her stable pen showing off the white specks that dappled her coat like stars in the night sky.
Her new confidence stood in stark contrast to her past of neglect and abuse, which the mare can no longer remember, according to Smith.
“She’s come a long way,” said Smith, admiring the creature she nursed. “I mean, she doesn’t even look like the same horse.”
Her body was so covered in matted hair and manure that rescue volunteers didn’t realize her dapples until a month later.
The Smiths have overseen the Indiana Hooved Animal Humane Society since the mid-80s. Horses come and go, either becoming a permanent fixture or leaving the couple’s humble acreage with a new chance at life.
“When I got called about these (Rocky Mountain breeds) I said, ‘what’s a Rocky Mountain?’” said Smith. “But we took them in, and I’ve learned so much.
“They’re really a wonderful breed.”
Regaining trust
When forsaken equines enter the Smiths’ care, the animals are evaluated by a veterinarian, given a while to settle into their new home and then wormed, deloused, bathed and manicured.
“Food wise we give them as much hay as they can eat and start out with a little bit of grain,” said Smith.
“We cup our hands together at feed time each day and slowly build it up from there.”
Hand-feeding the animals also helps them regain trust.
If all goes well, the horses will advance from about 2 pounds of feed daily to the necessary 8-to-10 pounds depending on the animals’ exercise rate.
They also receive daily vitamins and minerals.
Smith said she couldn’t operate without the public’s help.
“These people’s donations went toward getting the horses back where they should be,” she said.
Smith said it’s the months after new rescues have settled that become the hardest.
“We can use donations all year round,” she said. “Because we have these animals for as long as the court system takes to process their owners.”
Smith said it’s also hard because people want to adopt the rescuees, but the couple have no authority as long as the animals still belong to their owners.
“They kind of become your own, and you’re always scared that they might go back to the one who did them wrong to begin with,” she said.
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|  | One of the two miniature horses rescued from Terry Baxter's property walks in the arean at the home of Sam and Shirley Smith.
Photo by Andy Heidt. |
| Lend a hoof
Checks can be made to:
Indiana Hooved Animal Humane Society and sent to Smith at 6400 S. Road 650W, Columbus, 47201.
Donations can be made at:
Any Premier Ag Cooperative in the name of Indiana Hooved Animal Humane Society.
Sam and Shirley Smith, 342-3002.
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Horses discovered dead, starving
By Kelsey VanArsdall6/7/2006
Reporter
Dead and malnourished horses found at a Bartholomew County farm led to the arrest of a Columbus man on preliminary charges of animal cruelty.
Terry Baxter, 61, might face charges of failing to properly dispose of dead animals, a Class D felony and animal cruelty, a Class B misdemeanor, according to Bartholomew County Prosecutor Bill Nash.
Judge Stephen Heimann issued an arrest warrant for Baxter Tuesday afternoon. A bond of $15,000 has been set.
Bartholomew County animal control and sheriff’s department officers received a complaint May 25 about stench coming from Baxter’s property.
They found four decaying and maggot-infested horse carcasses and nine others starved and covered in mud, manure and lice.
“It was the worst I’ve ever seen,” said animal control officer Paul East.
East estimated that the carcasses had been lying on the property at least five days before he arrived.
Baxter was convicted of animal neglect in 1994 and served probation. In 1998, he was convicted on four counts of animal cruelty and received a 180-day jail sentence with all but 30 days suspended.
“(Baxter) has a blatant disregard for the law and for animals,” said animal control officer Trudi Smith. “We presented our evidence. It’s in the hands of the law now.”
Officers said they also found neglected goats and sheep.
“The horses had nowhere to go and no grass to eat,” said Capt. T.A. Smith, lead investigator for BCSD. “They were not being fed; the fur was off of them down to their calloused skin and their bones were protruding.”
Shirley and Sam Smith of the Indiana Hooved Animal Humane Society rescued the horses. The Smiths kept the three in poorest condition, a thoroughbred mare and two miniature horses, and fostered out the remaining rescues.
“The mare was knee deep in mud,” said Shirley Smith. “It just breaks my heart to know that someone could let this happen. I wonder how many horses in (Baxter’s) hands have died. There needs to be a stop to it.”
The Smiths have spent the past few weeks cleaning and removing lice from the equines and letting them eat as much hay and oats as they want, said Smith.
“It’s amazing how differently they look since we got them, but they’ve still got a long way to go,” said Smith.
She said for the first several days after her rescue, the mare was violently protective of her newfound territory, a clean pen.
“She’d rush the (pen) door and raise a fit and try to shake you,” she said. “She was so scared you were going to take it away from her.
“Now she’s much different. She still isn’t very people friendly yet, but she’s calmed down a lot.”
When the mare gains enough strength, the Smiths will clean her teeth and trim her hooves.
“We can’t put her under that yet because she’s too weak,” Smith said. “She’ll die.”
The Smiths have been rescuing horses for more than 20 years.
“They keep calling and we keep taking them,” she said. “I can’t turn a horse in need away. It’s never ending.”
The horses are not yet up for adoption, but the Smiths need oats, hay, fly spray and monetary donations for vaccinations.
Horseman accused of more cruelty
By Kelsey VanArsdall6/10/2006
Reporter
Additional charges were filed Friday against a Columbus man in connection with the starving and dead horses found on his property in late May.
Terry Baxter, 60, of Georgetown Road, faces three additional counts of failure to properly dispose of a dead animal, a Class D felony and three additional counts of animal cruelty, a Class B misdemeanor.
Tuesday, Baxter was charged with one count of improper disposal and one count of cruelty.
“We’re prosecuting him to the fullest extent of the law that is available for these crimes,” said Prosecutor Bill Nash.
The charges stem from a May 25 incident when four horses were found dead and rotting and nine others severely malnourished and lice- infested on Baxter’s property.
The surviving horses were rescued by Bartholomew County Animal Control and Shirley Smith of Indiana Hooved Animal Humane Society and taken to foster homes.
The maximum sentence Baxter could receive is four years in prison for the felonies and six months in jail for the misdemeanors, Nash said.
Nash also said there’s nothing in Indiana law that can prevent Baxter from owning horses in the future.
“As much as we’d like to do that, we can’t,” he said.
“I don’t write the laws. I just enforce them.”
Baxter was convicted of animal neglect in 1994 and served probation. In 1999, he was convicted on four counts of animal cruelty and received a 180-day jail sentence with all but 30 days suspended.
The 1999 charged stemmed from an April 1998 incident in which 23 horses were removed from Baxter’s home after the county was alerted that the horses were being abused.
A vet determined that the animals were malnourished.
Animal control officer Paul East said Baxter’s former convictions stemmed from similar incidents to May 25.
East said he developed a file on Baxter’s May incident that involves two binders more than 50 pictures.
“We’ve done everything we can,” said East.
“I would like to see him get considerable jail time and never own animals again.”
Animal control officer Trudi Smith urged the public to demand action from legislators and not animal control officers or the prosecutor.
“These guys are not slackers,” said Smith.
“They’re doing everything they can, but we cannot write the laws, and we can only operate within the laws.
“If people want harsher penalties for those who abuse animals they need to write their legislators.”
Baxter was released Tuesday on bond. A phone call to his residence by The Republic was not returned.
EDITORIAL
Law ties prosecutor’s hands in animal-abuse incidents
 | By William M. Nash 6/10/2006
Bartholomew County Prosecutor
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AS you know, the lead story in Wednesday’s issue of The Republic reported upon allegations of the abuse of horses and other animals by Terry Baxter.
The article quoted me as saying that Baxter “might face charges.” For the record, when I spoke to your reporter on Tuesday, I made it very clear that charges had already been filed by my office early that afternoon. The purpose of this letter is not, however, to clarify that very minor inaccuracy in your story.
‘Fullest extent’
Over the past three days, I have received numerous telephone calls and e-mails from concerned citizens, urging me to prosecute Mr. Baxter “to the fullest extent of the law” and, in many instances, questioning why Mr. Baxter was permitted to own horses again after having been previously convicted of the very same offenses in 1994 and 1998.
The answer is simple: There is no provision of Indiana law that allows a court to impose any restriction on the right of a convicted animal abuser to continue to own animals once he or she has completed any sentence and/or term of probation. Furthermore, unlike numerous other crimes such as drunken driving, marijuana possession and domestic battery, the crime of cruelty to an animal, with which Mr. Baxter has been charged, does not carry any greater potential penalty the second time or the 42nd time it is committed by the same person.
In fact, although our Legislature has determined that beating a horse is a Class A misdemeanor, it has determined that starving a horse to death is only a Class B misdemeanor, carrying a maximum penalty of 180 days in the local jail.
In contrast, law allows for shoplifting a single pack of chewing gum to be charged as theft, a Class D felony, which carries a possible sentence of three years in prison. Thus, under Indiana law, shoplifting a pack of chewing gum is considered potentially six times more serious than starving a horse to death.
Nevertheless, failure to properly dispose of a dead animal is also a Class D felony, and Mr. Baxter has been charged with that offense as well. Although Indiana law severely restricts the total sentence that may be imposed for multiple offenses committed during a “single episode of criminal conduct,” we are researching our options so as to ensure that Mr. Baxter is prosecuted to the fullest extent of the law.
To those of you who have been calling and e-mailing my office, please keep in mind that my job is to enforce the laws. I do not make them. That is the job of our state Legislature. And it is the job of the citizens of this county to choose the legislators who will represent us and our values in making those laws.
Clearly many citizens of Bartholomew County believe that starving a horse to death should be punished more severely than it is now, who believe that the penalty for starving a horse to death should increase upon a second conviction, and who believe that a person convicted of starving a horse to death should not be allowed to own horses again.
If they want the laws to change, then they need to become involved in the political process. And I can’t think of any better time to do so than in an election year.
Abuse takes many forms for humans
Editorial6/12/2006
LAST week’s report of horses being discovered either dead or starving at a Bartholomew County farm stirred a tempest of disgust. Several people shared their emotions on The Republic’s “Soundoff” section of our Web site, therepublic.com.
Respondents were disgusted that animals could be treated in such a fashion and drew particular attention to the alleged perpetrator’s previous problems in caring with animals.
Why would someone have horses — or dogs, or cats or any animal — if he was not equipped to properly care for them?
The firestorm of disgust was comparable to that which followed reports of juvenile delinquents killing a puppy during a burglary.
Such concern is understandable.
Less understandable is the lack of reaction for some of the heinous examples of domestic abuse or child abuse.
The most recent statistics from Kids Counts, compiled by the Indiana Youth Institute had 297 child-abuse cases from Bartholomew County being processed by Child Protective Services in 2004.
In the same period, 812 child-neglect cases were processed; plus 58 cases of children in need of services; 38 cases of child sexual abuse; and 13 hearings on suspension of parental rights.
In 2005, 746 Bartholomew County children were served in one of the various levels of treatment at the Youth Services Center.
Clearly, significant problems exist with an alarming number of Bartholomew County families.
While it is gratifying to note that so many people are concerned about the welfare of animals, it would be more gratifying to note that more people — a lot more people — would be upset at the amount of domestic abuse, child abuse and youth who need some TLC rather than abuse.
For background on this editorial, use the key word “horses” on our Web site search at therepublic.com
Horse concerns
By Paul Minnis 6/14/2006
In other business, about 15 people came to the County Council meeting intending to ask Nash what more could be done to punish Terry Baxter, 60, for his suspected cruelty to horses.
But Nash did not attend be-cause the unrelated issue he was scheduled to discuss was postponed.
Shirley Smith, who, along with her husband, runs the Indiana Hooved Animal Humane Society, told the council that Baxter should be given a harsh sentence and not be allowed to own more horses.
She said the people who lived with Baxter should be charged for not doing something about the cruelty.
Nash has said Baxter is being charged to the fullest extent of the law, but the law does not allow for anyone other than the animals’ owner to be charged with a crime.
Baxter of Georgetown Road faces four counts each of failure to properly dispose of a dead animal, a Class D felony, and animal cruelty, a Class B misdemeanor.
The charges stem from a May 25 incident in which four horses were found dead and nine others badly malnourished and lice-infested on Baxter’s property, according to authorities.
Warning - Sensitive Photos Below
Horses removed from Terry Baxter's property:
Mother Miniature Pony with her baby and Mare, all removed from Baxter's:
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Dead Horses found on Terry Baxter's property:
Email from Shirley Smith - Indiana Hooved Animal Humane Society:
This is just some of the pictures I took at Baxter's and of the horses when we got home with them. When I look at the photos of the dead horses and wonder what they must have gone through at their time of death it makes me sick. I just can't imagine. How could he eat when these horses were just around the block laying dead due to his neglect.
Take a good look at the minis. Look how thin the mommy is. How can you let a mini get that thin. She had very little milk and the little one was hungry. They are both doing fine now and seem very happy. The big TB mare is doing great but still very thin but gaining.
We were invited out to supper at a fish fry Saturday and I would not go due to the fact that the big mare has to have her meal three times a day. I told Sam to go on with the friends and we neither one went. I can't make up for what Terry has done to these poor horses but as long as they are in our care they will be treated as they were our children.
The big mare got a little aggressive at first but now she has realized that she is going to get her meals and she is very sweet. She loves to be held out and to pick grass and she likes the attention.
Concerning the vets. Dr. Wagner came out to score the horses and he was very upset over this matter. I called Dr. Baer, and he refused to come. He told me to call another vet that he was going to be busy Friday, Saturday and Sunday. I will not call those people at Hope Vet any more. I did call Dr. Youngblood, and she told me it would be late but she would come up after hours on Friday. She would be glad to do it. She is so nice. I will not forget Dr. Baer's response to this situation.
Thank you for your help and understanding in this matter of the Baxter horses. It was in 1984 when they found the dead horses on his property and he was told to bury them and no charges would be filed. They gave him two days to get it done. I found the article in the paper.
We have not had near the response of donations that I expected from the public. But it does not matter as these horses will be taken care of anyway. We have had tons of calls wanting the mini's. We have received about $500.00 and 50 bales of hay. Sam, went Friday to Dailey's and got grain for the horses and that was $300.00 and then I purchased Progressive Senior and Progressive Diet Balancer and Progressive Envision, and that took care of over $400.00. I purchased lice powder and spray and I have had the horses trimmed and I have wormed them two times already and getting ready to worm them again. I guess people don't realize how much it costs to rehabilitate these horses. And we are still feeding the four out of Morgan county.
I guess "God" will provide and help us take care of these guys and all will be well.
I will leave you with this little poem that I received several years ago on another case and it has always stuck with me in these dead horse situations.
I've suffered for so long now, maybe I've paid for my crime
Maybe they'll began to care again, like they did at one time.
It's getting harder to life my head now, I can't get up at all.
I don't think I could answer if they should decide to call.
I haven't said I'm sorry, I can't die today!
If I could just apologize then it would be Okay.
I want them to know I really tried to be so very good.
If I had been would they have fed me? SURE THEY WOULD!
Author: Beverly Whittington
God Bless you that care. We appreciate all your help.
Shirley and Sam
Past Articles involving Terry Baxter:
For three articles from The Republic for 1994 Click Here
Judge admonishes letter writers in abuse hearing
By Cheryl Scott - 8/24/1999
The Republic
As Superior Court No. 2 Judge Norm Curry on Monday sentenced Terry Baxter for four counts of animal cruelty, he said he hoped the Columbus man would never own another animal. Curry also had a strong message for the many people who inundated his office with letters, many anonymous, seeking stiff punishment.
He said he was disturbed so few people showed the outpouring of anger over incidents such as child abuse as they did over animal abuse.
Baxter, 54, received a 180-day jail sentence with all but 30 days suspended. He is to serve his time on weekends. He has to complete 2½ years of probation and pay restitution on all seven of the original counts. A hearing will be held later to determine the amount of restitution.
Also, he has to complete 640 hours of community service at an animal facility approved by the probation department, and he can own no animals while on probation.
Baxter's charges stem from an April 30, 1998, incident in which 23 horses were removed from Baxter's home after the county was alerted that the horses were being abused. A veterinarian determined the animals were malnourished and had no suitable food supply.
Shirley Smith, chief investigator for Indiana Hooved Animal Human Society, said 14 of the 23 horses taken would have died had they stayed in Baxter's care. One horse did die, and four foals were born dead, said Smith, who arranged for local horse owners to take the animals. The neglect upsets Smith. But she said she would rather Baxter receive education than jail time.
"I just think he needs to be educated on how to properly care for animals," Smith said.
Baxter was convicted after being charged in 1994 with animal neglect. He served probation. "I hope to God you don't have any animals in the future," Curry told him.
Many of the individuals who took horses sat in the audience as Baxter received his sentenced. "I commend you for taking these animals in," Curry said.
He said, however, he was disturbed by some of the many letters he received regarding Baxter. Not long ago, Curry said, a man received a sentence in another court for molesting more than 75 children, and nobody showed up and nobody wrote a letter expressing outrage.
The judge said that bothered him. He flipped through a stack of letters, many anonymous, requesting things he said he could not do. Judges are not influenced by anonymous letters, Curry said.
If Baxter had gone to trial instead of pleading guilty, the most he could have received as a sentence was 180 days in jail and a $1,000 fine.
Through the plea agreement reached between Deputy Prosecutor Shari Kinnaird and defense attorney George Hoffman, Baxter has to do things the court probably could not have made him do, Curry said. "If I gave him the maximum penalties, you don't get the horses, he gets them back," Curry said.
The judge emphasized, however, that he can only place controls over Baxter while he remains on probation.
Man pleads guilty to neglecting horses
Staff Reports 6/15/1999
A Columbus man pleaded guilty Monday to four of seven counts of cruelty to animals for neglecting 24 horses.
He could have to serve his time at an animal facility.
Terry Baxter, 53, of 8211 W. Georgetown Road pleaded in Superior Court No. 2 to the Class B misdemeanors.
Judge Norm Curry took the plea agreement under advisement. A sentencing date has not been set.
The agreement reached between defense attorney Brian Newcomb and Deputy Prosecutor Shari Kinnaird shows that in exchange for Baxter's plea to four counts, the other counts would be dismissed.
He would:
l Receive a 180-day jail sentence with all but 30 days suspended. l Have to complete 2½ years of probation and pay restitution on all counts for the care of the animals sent to other facilities after they were taken, which could reach up to $50,000. He couldn't own any animals while on probation. l Have to complete 640 hours of community service at an animal facility approved by the probation department. His time would be served 16 hours a weekend for 40 weeks.
Baxter's charges stem from an April 30, 1998, incident in which 24 horses were removed from Baxter's home after the county was alerted that the horses were being abused. A veterinarian determined the animals were malnourished and had no suitable food supply. Six horses were in serious condition.
Local horse owners volunteered to take the animals.
9/3/1998 |
| Animal Control officer cracks down on latest neglect
By Troy Guthrie
The recent seizure of a horse, a cow and a goat from a southwestern Bartholomew County farm was the latest in an effort to wipe out animal cruelty and the lack of knowledge that contributes to much of the neglect, said Ed Godsey, county animal control officer.
Changes happening now
The case follows a seizure of 23 horses in late April from Terry Baxter's farm on Georgetown Road. Baxter also was charged with animal neglect and ordered to provide proper living conditions for his remaining horses, but not to buy more animals.
Baxter's attorney obtained a change of venue out of Bartholomew County, and Baxter's trial may take place in another county this month, said Bartholomew County Prosecutor Joe Koenig.
Community help needed
Wiping out animal cruelty and neglect will require help from the public, Godsey said. More than 700 square miles of Bartholomew County roads prevent him from finding all cases, so passersby and neighbors have to report disturbing scenes, he said.
"It does happen right here in our hometown, and people can't just turn their heads or this serious problem won't go away," Godsey said. "If everyone helps, after a while, people will see we won't tolerate this around here."
"I always point out to people that they wouldn't have a newborn child and leave it in a crib to take care of itself," Godsey said, "so, they shouldn't do it with their animals either. They need help -- just like kids do -- with being taken care of."
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| 5/29/1998
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| Owner charged for neglect
By Troy Guthrie
Terry Baxter has been charged with seven counts of cruelty to animals in connection with the neglect of 23 horses.
Bartholomew County Prosecutor Joseph Koenig said the Bartholomew County Superior Court I warrant for Baxter's arrest has been issued. Bartholomew County Sheriff's Department detective Todd Downs was to serve the warrant today.
Downs conducted the investigation.
April 30, Ed Godsey, Bartholomew County animal control officer, and Shirley Smith, Indiana Hooved Animal Humane Society chief investigator, directed the seizure from Baxter's Georgetown Road property.
The horses ranged in age from about 6 hours to about 25 years.
Each cruelty to animals charge is a class B misdemeanor. The maximum possible jail sentence for each count is 180 days.
Six horses were determined by a veterinarian to be in very serious condition, and six of the counts cover those animals. Koenig said the seventh count covers the other horses seized.
Baxter was convicted after being charged in 1994 with animal neglect, Koenig said. Baxter served probation after pleading guilty. Koenig said Baxter's history of keeping horses in poor living conditions prompted the investigation.
The horses were taken after Godsey was called by a passer-by to inspect the animals' plight. Godsey checked the horses and then had a veterinarian examine them.
The veterinarian determined the horses were malnourished and had no suitable food supply. Koenig's office concurred when the veterinarian recommended taking the horses.
Smith rounded up local horse owners who volunteered to take Baxter's horses, which were examined by the Indiana state veterinarian.
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5/1/1998
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| Horses' conditions spur massive seizure effort
by Troy Gutherie
Shirley Smith grabbed Bartholomew County Animal Control Officer Ed Gadsey and hugged him tightly.
"Bless your heart," she said.
Smith, the Indiana Hooved Humane Society's chief investigator, and Godsey had directed the seizure of 23 nelgected horses Thursday afternoon on Georgetown Road. Smith said it was the third time horses have been removed from Terry Baxter's property.
Baxter helped volunteers load the horses into five trailers Thursday. He declined to comment.
Animals in the latest herd of horses ranged in age from 6 hours old to about 25 years old. One of the three newborns was carried into a trailer, and another young colt followed its blind mother mare.
The herd also included eight mares ready to give birth and two stallions, Godsey said.
Smith said worm infestation and starvation were the horses' most prominent problems. Volunteers said the horses' only shelter was a dilapidated barn, but Smith said Indiana has no shelter law.
"If they had been left outside, but fat, I couldn't have touched them," she said.
The volunteers took the horses to a nearby farm to get a mare ready to foal into suitable conditions before sorting the rest.
Godsey said some of the horses walked to the trailers but had to be helped in because they were too weak.
Smith said Thursday's neglected herd was much bigger than is usually found in this part of the country. She said she considered a case about eight years ago in Anderson to be "large."
Godsey said some of the cattle at the farm were also a little malnourished but had plenty of grazoing land, and eight dogs were in poor helth but Baxter had promised to clean up their conditions.
"I'll be checking back in on that," he said.
Godsey called Smith Tuesday after a passer-by contacted him about the conditions.
"They said they could see their ribs," Godsey said.
After getting Baxter's permission to photograph the horses, Godsey returned to the farm with a veterinarian who determined the animals were malnourished and didn't have a suitable food supply.
The veterinarian recommended taking the animals. Smith and Bartholomew County prosecutor's office concurred, Godsey said.
Smith said Baxter has had too many chances at straightening things around at his horse farm. She said she believes the animals won't be returned.
"To my knowledge, they're gone," she said as the last of the horses entered the trailers parked on Georgetown Road while Bartholomew County sheriff's deputies stood by.
"I hope he gets some time out of it this time."
Baxter received a suspended sentence about four years ago when a similiar complaint was filed against him.
Baxter was also investigated in 1984 for horse carcasses that were decaying on the Georgetown property near Mauxferry Road. Indiana Conservation Officers determined that the carcesses were buried properly after warning Baxter and giving him time to dispose of them.
That investigation stemmed from a neighbor's complaint.
The officers didn't officially determine the animal's cause of death, but suspected starvation and turned the matter over to the county health department for further investigation.
Godsey said Smith rounded up the volunteers to take the horses. She said the stable owners are in a database she maintains.
Buck Smith and the others who took horses won't be allowed to begin nursing the animals' conditions until after the Indiana state veterinarian examines them.
Shirley Smith said horses' conditions deteriorate quickly when they aren't cared for. She said an average horse requires about 10 pounds of feed each day in two 5-pound feedings.
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