On Friday, May 24, the Hon. Timothy K. Sanner, Chief
Judge of the 16th Circuit and Goochland Circuit Court Judge, sentenced
Byrd Gunter Rareshide to 100 days of incarceration. The sentence was 20 days
for each of the five guilty verdicts of animal cruelty, a class 1 misdemeanor,
pronounced by Judge Sanner on April 5 following a three-day trial. At that
time, Rareshide faced 13 charges of animal cruelty, based on allegations that
she failed to provide adequate nutrition for horses retired to her farm in
western Goochland.
Rareshide was also sentenced to five years of
probation and prohibited from boarding horses in Goochland or elsewhere during
that time. She is subject to unannounced inspections of her property by the
Goochland Department of Animal Care and Protection; the Goochland County Sherriff’s
Office; and the State Veterinarian. The convictions will be on her record
permanently.
The maximum penalty for a class I misdemeanor in
Virginia is 12 months jail incarceration and a possible fine of not more than $2,500.
Goochland Commonwealth’s Attorney, John Lumpkins, Jr.,
who prosecuted the cases at the April trial, requested active jail time of 12
months for each guilty count with 10 months suspended. Rareshide made financial
restitution to some of the horse owners. This included a refund of boarding
fees for certain horses because, by failing to provide adequate food, Rareshide
“broke” the contract. An uncashed check for boarding fees for another horse
will be returned to its owner by the Commonwealth’s Attorney’s office.
Craig Cooley, Rareshide’s defense counsel, put Lloyd
Gunter Osgood, Rareshide’s sister, on the stand as a character witness before sentencing.
Osgood painted a picture of her sister as being devoted to horses for her
entire life. Prior to alarms being raised about feeding issues at Rareshide’s
horse retirement facility in early 2023, Rareshide earned a well-regarded reputation
in the equestrian community. “The care
of horses is in her DNA,” Osgood said of her sister.
Osgood contended that her sister’s life was ruined by
social media posts where the “court of public opinion” has already punished her
and put her out of business.
Lumpkins characterized the April trial as being very
complex, where eight experts, many equine veterinarians, testified about the conditions
of the horses in question using terms like emaciated, starvation, being near
death. One veterinarian testified that Rareshide did not properly feed horses pastured
outside during winter and rejected entreaties to provide these horses with additional
nutrition.
Rareshide made a brief statement before sentencing contending
that she had done nothing wrong, citing her 26 years of caring for retired horses.
Lumpkins said Rareshide failed to show remorse or
accept responsibility for her actions, and asked for active jail time, an
indication of the seriousness of the charges. Active jail time is often suspended
for first time misdemeanor convictions.
Cooley cited Rareshide’s clean criminal record and
therefore asked that all incarceration be suspended. He repeated his contention
that the subject horses would have gained weight when grass began to grow in
spring, in “nature’s way”.
Lumpkins said that documents presented at trial
indicated that there was ample hay and other types of feed in Rareshide’s barn,
but testimony by those who visited the farm saw little evidence of hay in the
pasture and available to horses kept there.
Lumpkins said in a press release distributed by
Goochland County:“This was a
difficult case. Many dedicated people, including owners scattered around the
country, participated in this effort, and made this outcome possible. I am
especially appreciative of the many veterinarians who testified. Michelle
Welch, Senior Virginia Assistant Attorney General and Director of the AG’s
Animal Law Unit, was also a generous resource for my office. I am thankful for
an outcome that reduces the risk of Ms. Rareshide re-offending in the future.”
Judge Sanner said
during sentencing that Rareshide was indifferent to the suffering of the horse placed
in her care. She breached the trust placed in her by people who entrusted their
deeply loved horses into her care.
He ordered Rareshide to
report to Henrico Jail West at 4 p.m. on June 7 to begin her sentence. Lumpkins
had no objections to Rareshide serving her sentence on a work release basis.
Cooley said there will
be no appeal.
Civil suits against
Rareshide are expected to be filed by owners of the horses involved in the litigation
in the future.
(See GOMM “Out to
pasture” for trial details)
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