By Sharyn L. Decker
Lewis County Sirens news reporter
A Morton area couple couple won their appeal of a court order to pay more than $20,000 restitution for the cost of care, boarding and veterinary expenses for their horses seized by the sheriff’s office in 2012.
The Lewis County Sheriff’s Office confiscated nine horses from property at the 800 block of state Route 7 following an investigation into animal neglect, saying one was in such poor condition it had to be put down.
Joanne M. Simmons, 65, and Terry L. Simmons, 58, were initially charged in Lewis County Superior Court with six counts of first-degree animal cruelty and two counts of second-degree animal cruelty.
The couple accepted the state’s amended plea offer and subsequently pleaded guilty to two counts of second-degree animal cruelty, misdemeanors associated with knowingly allowing the animals to live in conditions that caused unnecessary pain.
The Simmonses argued that the trial court abused its discretion when it imposed restitution for costs connected to uncharged or dismissed crimes, according to the opinion issued last week from the Washington State Court of Appeals.
The three-member panel of judges agreed the trial court erred and remanded for modification of the order to provide for only the costs associated with the horses subject to the pleas.
The couple was represented in their appeal by John Hays in Longview and Jodi Backlund in Olympia. Lewis County Deputy Prosecutor Eric Eisenberg argued for the state.
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For background, read “Former owners of Morton horses charged with animal cruelty” from Tuesday November 13, 2012, here
Tags: By Sharyn L. Decker, news reporter