GUILTY, HEYDONS FOUND GUILTY BUT...

[cloudyandcallie]

The Heydons have been found GUILTY of all felony counts!

The judge sentenced each to 6 yrs to serve plus a fine on each count, plus resititution for the medical and feed, etc., for the horses plus forfeiture of the horses, only 300 days to be suspended if they pay for everything, but..........

In Montana, these 2 cruds have the right to appeal this case TO ANOTHER JURY of six people like this jury was, with a different judge!!!!:confused:

So both Heydons are out on 10000 bond each, and the next "appeal trial" will be in 8 or 9 months. Not fair, they get to try again to get off.

Great work by judge and DA and law enforcement, so Dorinda will give us the addresses to thank them all.

and good news for us GEORGIA NATIVES: The senior Heydon testifed that he was BORN AND RAISED IN NEBRASKA and had 3 horses there which he shod and ran and rode, etc. HE IS NOT A GEORGIAN. Don't know if the son was born here or not, but we aren't going to count him as one of us natives, even if he was born here.
No Georgia crackers involved in this horse brutality case.

[Trakehner]

Only 300 days to be suspended...you mean they'll be in jail, hopefully their next jury won't be bleeding hearts, for 5 years 5 days? That'd be great.

Hey boys, meet your new husbands...

[DressageGeek "Ribbon Ho"]

I hope they !~!@~ up again and then get the books thrown at them.

Please, please, let us know to whom to write and thank, and to whom we need to send additional exhortations that these scum get their jail time.

[cloudyandcallie]

Only 300 days to be suspended...you mean they'll be in jail, hopefully their next jury won't be bleeding hearts, for 5 years 5 days? That'd be great.

YES!!!!! I kept asking Dorinda, cause I was worried all would be suspended, but it's only 300 days suspended and then only if they pay all fines and costs!!!!!!!

Hey boys, meet your new husbands...


Out on bond till appeal, but then, well, maybe we should "sponsor" a couple of big burly mountain men serving time for non-animal abuse cases in the same prison?:D

[jeta]

Well at least there has been a message sent....The more publicity this case can get the better....Many unsung heroes here as I have followed along with this drama and their strength to do the right thing is commendable.....

As far as the Heydons are concerned, I have to believe what goes around, comes around......Surely, the communities that these people live in will get word of the guilty verdict;) and the appropriate amount of scorn thrown their way may make them feel some degree of remorse.....At the very least payment for the care of the horses should be imposed on them as they don't seem to have the decency to do the right thing on their own.....

[cloudyandcallie]

And the thing is, Dorinda said the senior Heydon testified that he had been raised in NEBRASKA on a farm with horses, and had had horses there himself, and that he had fed them and ridden them and had put shoes on his own horses (ouch) and that he knew all about horses. :mad::mad::mad:

So the excuse of "ignorance" and the cops telling him several times how to take care of the horses, was out the window.

I love that judge and those jurors and the prosecutor. Dorinda said one of the cops was "heroic" so we must get all that info next week and then start writing attaboy letters to the superiors of all the witnesses.

[pj]

Wonderful news..except for the appeal. I doubt that people who live in their area have even heard about this. Wonder how we could see to it that they did? I'm in Ga. but really far from them. Too bad or I'd go door to door and educate everyone.

[jeta]

Hmmm... seems like the local papers and TV stations in their area might find it an interesting human interest type thing if they received a tip or two;).....

[Anselcat]

CloudyandCallie,

Is it truly an 'appeal' where the only issues that can be raised are ones that were raised in the previous court? Or is it a whole new trial where they can bring in new evidence and arguments??

[cloudyandcallie]

www.ravallirepublic.com

note change. I misspelled ravalli county. the republic newspaper of Ravelli county. sorry.

[cloudyandcallie]

CloudyandCallie,

Is it truly an 'appeal' where the only issues that can be raised are ones that were raised in the previous court? Or is it a whole new trial where they can bring in new evidence and arguments??


I didn't think to ask Dorinda! I was so happy that only 300 days will be suspended of the 6 yr sentence, and only if they pay all expenses and fines, and I kept asking "are you sure" cause a lot of time every day is suspended if they pay up.

And then I was so shocked that they get an appeal trial, I mean, even in GA they only get one trial, then have a bank of appellate judges to review the case.
But in Montana, all must testify again, same DA, same witnesses, but they get a different judge and six more jurors. Color me confused.:confused:
Any lawyers or judges from Montana on coth want to chime in and enlighten us?

Plus I was kinda excited that Heydon was born and raised in NEBRASKA not Georgia.

[pj]

Hmmm... seems like the local papers and TV stations in their area might find it an interesting human interest type thing if they received a tip or two;).....

:lol: :yes: I do believe you're right. :)

[pj]

I didn't think to ask Dorinda! I was so happy that only 300 days will be suspended of the 6 yr sentence, and only if they pay all expenses and fines, and I kept asking "are you sure" cause a lot of time every day is suspended if they pay up.

And then I was so shocked that they get an appeal trial, I mean, even in GA they only get one trial, then have a bank of appellate judges to review the case.
But in Montana, all must testify again, same DA, same witnesses, but they get a different judge and six more jurors. Color me confused.:confused:
Any lawyers or judges from Montana on coth want to chime in and enlighten us?

Plus I was kinda excited that Heydon was born and raised in NEBRASKA not Georgia.


Are you sure they couldn't appeal in Ga.? I was always under the impresstion that you could always appeal.
I'M glad that Heyden (my new curse word. "how the Heyden did that happen? :) ) wasn't Ga. born, too.

[cloudyandcallie]

Are you sure they couldn't appeal in Ga.? I was always under the impresstion that you could always appeal.
I'M glad that Heyden (my new curse word. "how the Heyden did that happen? :) ) wasn't Ga. born, too.

Nope they cannot appeal here, and oh wow, look, a classmate of mine has been on the GA Supreme Court for many years!:lol: So they would not get any relief from Bob who is fair and honest and would wonder why they didn't get more time, and he lives up that way, past Roswell but not as far as Woodstock. But I don't want them to have an "appellate jury" that is dumb!

Every convicted felon, they are now convicted felons btw, gets an appeal, and these guys had their lawyer ask right after their conviction, so the appellate trial will be in about 8 or 9 months according to the prosecutor.

So maybe the Coth Crayola Posses could all go out to Montana this summer? I wish the trial would be sooner, as they are out on bond, but the prosecutor told Dorinda it will be in about 8 or 9 months.

Now if the guys jump bond and stay back here in GA? I'll be calling up to see if the Roswell PD still has any of my friends working there, and if any retired cops from Atlanta are still with sheriff's office in Cherokee Co., etc., and then we'll make sure no one "forgets" to pick them up for extradition. I really want to make friends with some big burly prisoners in Montana, and become a penpal, so maybe the Heydons will be "reamed" as DGRH said on another thread.:lol:

I hope the "son of heydon" was born in NEBRASKA also. If he was born here, we need to revoke his citizenship.

[ptownevt]

It does stink that they get a whole new trial for an appeal, but I doubt that they'll do very well there either.

This outcome is so good for my soul. The suffering that animals go through and the indifference of so very many is really overwhelming sometimes. I will remember this for a long time.

Does anyone know of a link to see how the horses are doing? Or can anyone report on them? After pictures would be great to see them healthy again.

[cloudyandcallie]

It does stink that they get a whole new trial for an appeal, but I doubt that they'll do very well there either.

This outcome is so good for my soul. The suffering that animals go through and the indifference of so very many is really overwhelming sometimes. I will remember this for a long time.

Does anyone know of a link to see how the horses are doing? Or can anyone report on them? After pictures would be great to see them healthy again.

The rescue, whose name I forget, is on the website of www.rockymountainrider.com and they post updates so you can see the old reports.

And Horseinc will know, Horseinc where are you? They tried to adopted horses from Cheryl in North GA, but Cheryl wouldn't let the Heydons have any of her rescues, smart girl.

[bird4416]

According to the article in the Ravalli Republic the sentences were only for 10-11 months with fines of $5800 and $6400. See excerpt below.

The elder Heydon was sentenced to 10 months in jail and fined $5,850. His son was sentenced to 11 months in jail and fined $6,435.

The judge also ordered them to forfeit ownership of the horses to the humane association and to pay all restitution for food, medicine, boarding and other care given the horses after they were seized by authorities.

[cloudyandcallie]

According to the article in the Ravalli Republic the sentences were only for 10-11 months with fines of $5800 and $6400. See excerpt below.

:confused::confused:I wonder? I talked to Dorinda, personally, on the phone this afternoon. The sentences she said were all felonies, which wouldn't be in months. And she said they got the 6 years.:confused: I will call the newspaper tomorrow. I sure hope that Dorinda is right and that the newspaper is wrong.

If these were only misdemeanor sentences, the judge could have run them consecutively, but then they would be in 12 month increments, not years. Oh rats, I do hope the ravalli newspaper is wrong.

OK I'm going to call the sheriff tomorrow and track down the prosecutor. Horseinc is reporting 6 yrs also from her source, but someone over on that thread mentions "misdemeanor" sentences. We want felonies, then they go to state prison, with the big guys.

Ack, SO closed 5pm mountain time, so no one in administration was there when I called. Rats if misdemeanors, and more rats. Even Georgia changed cruelty to animals to a felony years ago.

[Horseinc]

They live 30 minutes from my rescue. Some how, the neighbors had flyers taped to their mailboxes about the Heydon's arrest, now maybe the CONVICTION will also get posted around the neighborhood, maybe even to the Real Estate Appraiser board Father Heydon is assosiated with. I just can't imagine how that could happen.

We really need to know if it a felony or misdemeanor. Can't 21 misdemeanors equal a felony? Do the math. LOL


Craig Heydon 425 Saddle Horn Cir Roswell, GA 30076-1044 (770) 992-4096.

I will AGAIN contact all the TV, Radio and news media. They were not interested in the arrest, maybe they will like the convictions.

Cheryl
www.savethehorses.org

[Horseinc]

Can't GA prosecute them for not have health certificates crossing state lines?

Cheryl

[cloudyandcallie]

Can't GA prosecute them for not have health certificates crossing state lines?

Cheryl

Probably no one will do anything and the other states that they passed thru would have to prosecute them. One GA horse has a coggins from Tenn, btw.
Each state they passd thru could have gotten them if they violated their health certificate laws, but only Florida down around here really stops people and enforces the law. Since no one stopped them, apparently, and they stopped in Nebraska to pick up the 3rd horse, we are not going to see anyone go after them. Rats, I'm bummed out. And the SO isn't open till Monday for adminstrative purposes. Now to get off the BB and track down the 2 deputies and ring them up, if their phones are listed out there.
Back tomorrow. From elation to now doubt, what a bummer. Oh wait, I know where Saddlehorn is, I lived in Atlanta over 20 years.
Thanks Cheryl.
Back tomorrow for maybe some more info. If those guys are out celebrating tonight, it's time to get 2 ropes. :mad::mad:

[Lildunhorse]

It does stink that they get a whole new trial for an appeal, but I doubt that they'll do very well there either.

This outcome is so good for my soul. The suffering that animals go through and the indifference of so very many is really overwhelming sometimes. I will remember this for a long time.

Does anyone know of a link to see how the horses are doing? Or can anyone report on them? After pictures would be great to see them healthy again.


http://www.willingservantsmt.org/index.html

These folks can get you some updates.

I had the pleasure of speaking with Prosecutor Bell months before the trial. I have to say, I was never worried that he wouldn't do his very best to get a conviction. I was very, very impressed. Having worked for different attorneys for several years, it isn't difficult to spot the good ones!

[DMK]

Nope they cannot appeal here,

No, really, I'm sure we have appellate courts here in GA (which I *think* was really the question being asked), it's just the way GA determines if you have grounds for an appeal to proceed is different in than in Montana. GA is more like the other 48 states, I'm thinking. ;)

Apparently in Montana by golly by gosh you just have to say "I wanna appeal" and it happens.

[catknsn]

I read the newspaper article, but if they got longer sentences, I'd be thrilled to hear it. I thought they were only tried for misdemeanors, though?

Either way, great outcome!

[LKF]

I have to tell myself that in a way, they didn't get away with it. We know who they are, we know what they look like, we know what they did to the horses, we know where they live, and the local Georgia horse community isn't about to forget.
Right now, their lives are hopefully turned upside down and disrupted. More local media coverage would be helpful, but I haven't found much.

Has anyone figured out where the horses came from? If they contacted Cheryl, then I'm guessing the horses were probably purchased at the HWY 20 auction since that facility is just down the road. - that got me thinking about that place and the people running it. I drive past it often, but I don't have enough courage to drive up and see what's going on.

By the way, I was talking to my vet (Dr. Jim Nash) about the case and he said that he never heard about it. It got me thinking that not enough influential horse people may not know about this.

[cloudyandcallie]

No, really, I'm sure we have appellate courts here in GA (which I *think* was really the question being asked), it's just the way GA determines if you have grounds for an appeal to proceed is different in than in Montana. GA is more like the other 48 states, I'm thinking. ;)

Apparently in Montana by golly by gosh you just have to say "I wanna appeal" and it happens.

Same thing happens here. I thought you meant could the heydons come back and appeal here, sorry I guess I misread.
We have a court of appeals for these type cases (unless someone raises constitutional issues) and a supreme court for the murders, etc, and for constitutional issues. But except for a few judges on the court of appeals panels, all the judges (and their law clerks who had been there longer than some of the judges, good law clerks are "inherited" in our appellate courts and write a lot of the opinions) are really good (I've argued many times in both courts, and they just want answers and facts, no whining).
But right after a trial, all the guy does is say, when he's advised by the judge of his constitutional right to appeal, he says "I want an appeal" and then the judge will appoint the public defender, if the guy says he cannot afford the cost of appeal and transcript) and that's how it's done.

Georgia just doesn't give them an appellate trial with witnesses, how strange of Montana, rats, don't tell the def. lawyers here or they will want one. Now at our "motion for new trial" hearing, witnesses can be produced, but they must be "newly discovered witnesses" or previous witnesses who are "recanting" their testimony.

In other words, it's never over. I still occasionally got to habeas hearings on my lifers at the state prisons. When guys are sent to prison for one year or "life" (not really life, unfortunately, usually), all they have is time, and they spend it in the law library writing writs and appeals.

Rats, if these guys only got misdemeanor sentences, even if the judge ran them consecutively, they still (if Montana is like GA) will only be in the county jail, not in the state prison. Rats. Well someone posted one Heydon's address, and there are enough of us in GA who could visit him if he doesn't go to jail. Rats.

And since I started this thread thinking there was only one other thread, duh, and then realized there were 2 threads going, again: According to senior Heydon (would we believe anything he says under oath?) he bought 2 horses in Roswell at auction, which someone says must be the horse auction place up Hwy 20 in Forsyth Co. near Cumming, GA., we do know that one of those horses had a coggins cert. from Tennessee. Senior Heydon said he bought the 3rd horse in Nebraska, he testified he was born and raised in NEBRASKA , not GA, and he claimed to be an expert on horses, saying he had owned and ridden horses on his place in Nebraska, and had even shod his horses himself in Neb. As stated in reports and testimony, the shoes had been haphazardly nailed on the horses he took to Montana.

We could abduct them and drop them off in one of the not so nice sections of Atlanta. Or go visit the gators down in the Okefenokee. Of course I'm just kidding. Maybe..............................

[DressageGeek "Ribbon Ho"]

Please let us know what we can do.

[Horseinc]

>>>Right now, their lives are hopefully turned upside down and disrupted. More local media coverage would be helpful, but I haven't found much.

Has anyone figured out where the horses came from? If they contacted Cheryl, then I'm guessing the horses were probably purchased at the HWY 20 auction since that facility is just down the road. - that got me thinking about that place and the people running it. I drive past it often, but I don't have enough courage to drive up and see what's going on.<<<

Two came from Hwy 20. The TN coggins and the GA coggins. The TN was from the Burell Auction in Cleveland, TN. Herman Strayhorn who ran the auction for 17 years moved in July but the auction actually was closed in Jan of 07. Herman just sold horses out of there until he moved to Griffin, GA. He was kind :( enough to give me two blind horses he couldn't send to slaughter. Yahoo! That's another whole story. One has cateracts, one had squamous cell. Anyway, when Herman left, Burrell from TN and Charles Young, a local horse trader, rented the Hwy 20 place intending to open the auction back up. They had many people there with horses to sell but some paperwork or something wasn't right and the GDA didn't let them have the auction. Now they just sell horses and move them back and forth to TN to make some profit from them. It seems they always have strangles and lots of penicillin. People bring their horses they don't want and give them to them, thinking they'll get a good home. Sad.
Cheryl

[Horseinc]

I sent copies of the article to many people, Pam Martin, WSB, Brooke Baldwin, CNN, AJC, and more. I hope someone picks it up. If one does, others will follow. I tried when they were first arrested. I only saw it in a Roswell paper but Roswell is where they live.
Cheryl

[cloudyandcallie]

Sorry for the misleading.reports by me. I really did call out to Montana, talk to the reporter on the phone and question her over and over about felonies and jail time. The reporter was mistaken, and instead of getting her to repeat her versions to me, I should have called the prosecutor or court clerk. The great reporter is a horse story reporter, not a trial reporter, so she thought they guys got a lot of jail time. Next time I'll go myself and report back.

Thanks Cheryl. Hopefully Pam Martin or John Pruitt or Monica Kauffman will do a story on them. Oh who's the guy, Paul forgethislastname, on Channel 11? Maybe he'll do something on it.

Sign, those guys are probably home now, laughing at not having to serve time. I hope they have to sell the house in saddlehorn in roswell (is that an ironic street name?) to pay for the costs.

[DressageGeek "Ribbon Ho"]

Anything more we can do right now?

[pj]

Sign, those guys are probably home now, laughing at not having to serve time. I hope they have to sell the house in saddlehorn in roswell (is that an ironic street name?) to pay for the costs.

I doubt they are laughing. I, too, had hoped they were going to do some time but if they have to pay the fine, pay the horses expenses that is going to hurt them a LOT. Anyone have an estimate on how much money that would be? It was reported that on the recording the senior Hayden was kicking about fifty dollars a day for the clinic so just imagine when he understands how much this whole thing is going to come to.

[Horseinc]

Judge Jim Baily
Ravalli County Courthouse
205 Bedford
Hamilton, MT 59840

(Prosecuting Attorney) John Bell
Ravalli County Courthouse
205 Bedford, Suite C
Hamilton,MT

Shad Pease, John Moles, Travis Mcelderry (3 Deputy's that testified for the horses)
Ravalli County Sheriff's Office
205 Bedford, Suite G
Hamilton, MT

[Horseinc]

Sorry for the misleading.reports by me. I really did call out to Montana, talk to the reporter on the phone and question her over and over about felonies and jail time. The reporter was mistaken, and instead of getting her to repeat her versions to me, I should have called the prosecutor or court clerk. The great reporter is a horse story reporter, not a trial reporter, so she thought they guys got a lot of jail time. Next time I'll go myself and report back.

Thanks Cheryl. Hopefully Pam Martin or John Pruitt or Monica Kauffman will do a story on them. Oh who's the guy, Paul forgethislastname, on Channel 11? Maybe he'll do something on it.

Sign, those guys are probably home now, laughing at not having to serve time. I hope they have to sell the house in saddlehorn in roswell (is that an ironic street name?) to pay for the costs.

About Jail Time....This was from Jeff in MT.

They will be out on bail at least until its heard by the appeals judge, but bail was increased so their bond will be pretty expensive. Fines will be on hold as well but will have to be paid upon completion of the appeals case which they have about a 1% chance of winning anything at. Montana is on a mission right now to come to the modern world of animal abuse so its a very big social and political issue here right now and ALL of our judges form traffic court to the state supreme court are elected officials so they are not about to risk their jobs for these guys. This thing will end up costing them in the area of $30,000.00 plus once the vet and storage bills are added up .

I hope Jeff is right!
Cheryl

[cloudyandcallie]

to show how things are reported:

www.cherokeetribune.com, yesterday's paper, I emailed it to DGRH to hopefully post here if she is on line, reports that the Heydons killed 4 horses. The headline, unless they change it says "heydons guilty in death of 4 horses".

I almost want this story to stay up without correction, since the horse people in North Georgia might go get the guys.

[Horseinc]

Dr Dick Richardson,
Blue Mountain Vet Hospital
4646 Buckhouse Ln
Missoula, MT 59804

This is the vet who testified in the Heydon's trail. He said there was NOTHING wrong with the horses.
In case you want to tell him you disagree.
Cheryl