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Waxahachie: Polk awards custody of 25 seized animals

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WAXAHACHIE – Precinct 3 Justice of the Peace Curtis Polk awarded custody of 25 animals to the Society for Prevention of Cruelty to Animals during the final hearing Monday, Aug. 23.

On Friday, Aug. 13 the Ellis County Sheriff’s Office along with the help of the SCPA, seized 18 horses, five puppies and two dogs at the property on 3100 of FM 780 belonging to Patrick Henry, a resident of Lancaster.

The horses and dogs were living in deplorable conditions including no clean water or food available during the scorching summer temperatures.

According to the warrant application from the ECSO, Henry was given 72 hours to get medical attention and proper care for the horses.

Three days after the warning, Henry called and said one horse had died and wanted to know what to do with a dead horse.

Henry said a veterinarian was called, but never showed up.

Animal Control Officer Julio Hernandez advised a vet hadn’t seen any animals.

During the court hearing, when asked if the conditions at the property were ok to leave horses in, Dr. Timothy Holt, DVM, said, "No."

According to the SPCA of Texas, the horses and dogs were victims of neglect with their primary needs of proper food, water and shelter being denied and basic husbandry and preventive medicine needs ignored.

"Please do not give this man another opportunity to make these animals’ lives miserable," said Assistant District Attorney Christen Barnes.

Polk awarded restitution in the amount of $10,812.00 to the SPCA of Texas.

However, the SPCA of Texas does not expect to actually receive any of this money to help offset costs.

"I’m happy with the decision because the animals are now receiving proper care and living in a healthy environment," said Chief Investigator Colby Grady for the SPCA.

Henry, 46, was arrested and charged with cruelty to animal and cruelty to livestock animals with bonds set at $2,500 each with an additional $2,474 dollars worth of traffic fees out of the cities of Lancaster, Wilmer and Arlington.

Texas state statute says the owner has a right to appeal the court’s decision within the next 10 days.

  If no appeal is filed during this time, then the SPCA of Texas will begin the process of individually evaluating the animals for potential adoption or placement on a case by case basis. 

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Nelson Propane

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