Worthington gets 40 days in jail for neglecting horse

LIHU‘E — Fifth Circuit Judge Trudy Senda was outraged Tuesday after presiding over the non-jury, animal-cruelty trial involving Apryl Worthington and her horse Moloka‘i.

Dr. Scott Sims, a North Shore veterinarian, found the horse last summer in such poor condition that he recommended euthanasia to end its suffering.

When the case came before Senda almost a year later, she sentenced Worthington to 40 days in prison and put her on probation for a year on the charge of second-degree cruelty to animals.

The judge said pictures of the animal presented during the trial, which showed an oozing wound, infection and other problems with the front legs, were “extremely disturbing,” and it was unconscionable for an experienced horse woman like Worthington to leave the animal in such pain and agony during the heat of early July with no food, water, shelter or medicine.

“That’s just not appropriate behavior. Some significant punishment needs to be doled out,” Senda said.

The judge further ordered Worthington, if she decides to own or care for horses after her incarceration, to seek out the Kaua‘i Humane Society or other suitable sources for equine training on proper care, “to keep this thing from happening again.”

“The horse suffered agony,” and was “tormented for days,” said R. Hermann Heimgartner, county deputy prosecuting attorney, asking for a sentence of 28 days in prison.

Worthington knew the horse was missing, thought her ex-husband had taken the animal, yet did not call the police to report the animal missing because she did not want the police involved, Heimgartner said.

Once the animal was found in a pasture not owned by Worthington, “the horse was in terrible shape,” injured and in agony and pain, said Heimgartner.

An experienced horse owner like Worthington should have known that the animal needed immediate medical attention, but said she couldn’t afford professional care for the horse, he said.

But Sims, KHS and others including Jimmy Miranda of CJM Country Stables, who wrote a letter in support of Worthington, would have offered help either free of charge or at little cost to Worthington, if she had asked, Heimgartner said.

She was “reckless” and knowingly neglected the animal, he said.

Worthington, represented by Dena Renti Cruz, state deputy public defender, said she called police and they did nothing, then enlisted the help of friends to get Moloka‘i out of a ditch and upright.

“It’s not like I wanted this to happen,” Worthington said, adding that she is sad the horse is gone.

Renti Cruz said the horse wasn’t abandoned, but found, and Worthington tried to make the horse comfortable with medicine, food, water and attention.

“She did try to care for the horse.” It wasn’t a blatant act of cruelty, said Renti Cruz. Worthington “does love animals, does love horses,” may not have made the best decisions, but didn’t just leave the horse there, said Renti Cruz.

But Senda said it was “inappropriate” for Worthington to leave the injured horse even overnight without medicine, treatment, shade, food or water.

“That is just not acceptable to leave that animal there in that condition, to suffer,” said Senda.

In an e-mail, Dr. Rebecca Rhoades, a veterinarian and KHS executive director, said people out walking their dog on July 4, 2009, saw Moloka‘i lying helplessly in the Kulana subdivision off Ka‘apuni Road in Wailua Homesteads and called KHS.

“No one in the area knew who the horse belonged to,” and Sims was called “immediately to treat the horse,” Rhoades said.

“The mare’s injuries included ruptured suspensory tendons to both front legs which was most likely caused by running the horse excessively on hard ground. The horse was unable to stand and hold herself up without severe pain,” said Rhoades.

Sims recommended euthanasia of the adult quarter horse mare, and she was buried on the Kulana property with permission from the property owner, said Rhoades.

Worthington was found guilty before Senda in March 2010.

“Because she took no action to have the horse treated and just left her to suffer, she was charged with second-degree animal cruelty,” said Rhoades.