By Sharyn L. Decker
Lewis County Sirens news reporter
CHEHALIS – A Morton couple won not once, but twice in a row when they appealed the amount Lewis County judges ordered them to pay in restitution associated with animal cruelty charges involving their horses.
Joanne M. Simmons and Terry L. Simmons were convicted of two counts of second-degree animal cruelty.
Back in 2012, Lewis County Sheriff’s Office deputies and county code enforcement workers seized nine of their 18 horses from property on the 800 block of state Route 7. Prosecutors described the animals as severely malnourished.
The couple was initially charged with numerous counts of first- and second-degree cruelty, but eventually only convicted of the two counts, which were misdemeanors.
The court ordered them to pay $20,589.42 in restitution.
Five private groups and the Lewis County Animal Shelter assisted in the removal and foster care of the horses.
In their first appeal, the Simmones argued the sentencing court erred by imposing costs associated with charges previously dismissed. The appeals court agreed and remanded for modification of the restitution order.
On remand, the sentencing court doubled the amount recommended by the state, saying it was exactly the kind of case where that was appropriate. Prosecutors had asked for $4,533.54.
The three-member panel of division II of the Washington State Court of Appeals said the judge erred again.
While the law allows for a doubling of restitution in lieu of a fine, it wasn’t a fine that was the issue, the justices stated. Their fine was $500.
Another statute provides a basis for doubling restitution, but only applies to felonies, they wrote.
The opinion was issued last week. The order under review was signed by Judge Nelson Hunt.
“Thus, we reverse the sentencing court’s restitution orders and remand for correction of restitution to the amount calculated before doubling,” the justices wrote.
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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
But if a man did this they would throw the book at him. Yet a woman does it and gets a pat on the wrist. She needs to be at Mc Neil island too. She used her position to manipulate a child. She should get at least 5 years. This young man is scarred for life. People get more time for victimless drug charges. Fair is fair,
I’am sure the boy didn’t mind being “raped”.
Rape a kid get 2 weeks in jail. Mis treat a horse get the shit fined out of you. It’s all making sense now. Yeah the Flouride is working.