Fort Collins Animal Cruelty Lawyer | Cruelty to Animals: Special Treatment for Law Enforcement

A Denver police officer forgot about his patrol horse, leaving it without food or water for 16 hours, yet he was not charged with Animal Cruelty.
A Denver police officer forgot about his patrol horse, leaving it without food or water for 16 hours, yet he was not charged with Animal Cruelty.
Image Source: Pixabay-GLady

I write so many blogs about people being over-charged or getting criminal charges for simple accidents, I can’t even count them all. But, it seems that some people are allowed to make mistakes with no criminal ramifications. In this case, the one with the special consideration is a Denver police officer. According to the news report, the officer left his horse tied up for 16 hours with no access to food or water. The officer claimed that he tied the horse up and then became distracted and forgot he left the horse in the stall in the Denver Police Mounted Patrol Barn. After the horse was discovered the next morning, it was given food and water, but stilled showed signs of pain. It was then taken to the vet and had to be euthanized. While the vet was not able to conclude that the specific reason the horse was sick was because it had been denied food and water for that extended period of time, it seems like a reasonable conclusion to me. The officer was docked a vacation day, but no criminal charges were filed.

Larimer County Animal Abuse Attorney: What is the Definition of Cruelty to Animals?

The Colorado law definition of Cruelty to Animals – C.R.S. 18-9-202 – is:

(1) (a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal.

(b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals.

(1.5) (a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal.

(b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal.

(c) A person commits cruelty to a service animal or a certified police working dog if he or she violates the provisions of subsection (1) of this section with respect to a service animal or certified police working dog, as those terms are defined in sections 18-9-201 (2.3) and 18-9-201 (4.7), whether the service animal or certified police working dog is on duty or not on duty.

While it was not proven that the officer’s actions caused the horse’s death, that would not preclude a person from being charged with Animal Abuse in Larimer, Boulder, and Grand County. Based on the definition above, negligently depriving an animal of necessary sustenance, which is what the officer did, is considered Cruelty to Animals. No one is saying that he purposefully hurt his horse. But, there are a lot of instances where people are charged with this crime for accidents.

Fort Collins Cruelty to Animals Lawyer: What is the Sentence for Animal Cruelty?

In Fort Collins, Loveland, and Estes Park, Animal Abuse is a class 1 misdemeanor which is punishable by 6 to 18 months in the Larimer County Jail and up to $5,000 in fines. On top of that, there is an added section about service animals, where if the Animal Cruelty is committed against a service animal or police dog, the defendant will be responsible for paying the costs associated with the vet bills along with the replacement of the animal. Horses are expensive and if the officer had been charged with this crime, he may have also had to pay all the vet bills and buy a new, trained, service horse to replace the one that had to be put down.

If you or someone you love has been charged with Animal Abuse or Cruelty to Animals, be smart, exercise your right to remain silent, and contact the best criminal defense attorneys from the O’Malley Law Office at 970-658-0007 today. Together, we can protect your future.