DA Won’t Prosecute Wild Horse Investor
Valley Courier http://www.alamosanews.com/v2_news_articles.php?heading=0&page=74
Posted: Tuesday, Jun 18th, 2013 BY: RUDY HERNDON
Courier Staff writer
ALAMOSA — Prosecutors won’t file charges against a La Jara man who allegedly admitted he violated the law when he shipped hundreds of wild horses beyond Colorado’s borders.
ProPublica reported last September that federal land managers sold Tom Davis at least 1,700 wild horses and burros since 2009. Yet after it sorted through state brand documents, the publication could not account for the whereabouts of almost 1,000 horses he purchased.
Davis allegedly told ProPublica that he shipped some of the federally protected animals out of state without brand inspections — a misdemeanor crime under state law.
Davis allegedly told ProPublica that he shipped some of the federally protected animals out of state without brand inspections — a misdemeanor crime under state law.
Wild horse advocates subsequently accused him of sending the animals off to slaughterhouses, but Davis denied those allegations.
The Conejos County Sheriff’s Office went on to investigate records of Davis’ purchases from the U.S. Bureau of Land Management (BLM), as well as his brand inspection activity. But the agency, which received help from state brand inspectors and the U.S. Interior Department’s Office of Inspector General, limited its review to the period of inquiry allowed under Colorado’s statute of limitations.
The Conejos County Sheriff’s Office went on to investigate records of Davis’ purchases from the U.S. Bureau of Land Management (BLM), as well as his brand inspection activity. But the agency, which received help from state brand inspectors and the U.S. Interior Department’s Office of Inspector General, limited its review to the period of inquiry allowed under Colorado’s statute of limitations.
It found no evidence that Davis shipped uninspected animals out of state during that time, District Attorney David Mahonee said in a June 17 press release.
As a result, his office will not file any charges related to the matter, he said.
Categories: Horse News, Horse Slaughter, Wild Horses/Mustangs
Straight from the Horse's Heart 
It is a shame when you do not put people in jail when you know that they did wrong…They say that there is no evidence…where are the horses that are missing ? I guess that when you know people in political office you can get away with murder !
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Money talks.Too bad for his soul& spirit are sick.I do believe he will pay. He has to live with this & one day someone with guts will let the cat out of the bag.He knows he is being watched by the sprits of the horses
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Money talks.
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Pure Insanity!! i truly do not understand! Just makes me feel very angry…No one seems to care about accountability for these poor innocent horses??? I just do not get it..
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Of course they won’t prosecute! I hope this doesn’t surprise anyone here. If they prosecuted Davis, that would mean they would have to investigate BLM, and that would lead to investigating Davis’ neighbor and friend, Salazar..No way they wanna open this can of worms..Makes me think of Schultz ( I see NOTHING!)
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Yes Laurel, that was my first thought too..
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,SURPRISE, RIGHT, just another day in the crimes against animals that no law enforcements want to bother with, YUP makes me ill thinking about how so many have gotten away with crimes and NOTHING is done …. Makes me wonder if this was the intent all along, OMG what is the matter with this country honest to god??? The Moral judgment’s of this country are gone they are really gone, most of our leaders in Washington are bought by powerful Org. our law enforcements in small towns could give a sh-t about any crimes against ANY animal, our rights as citizens are not there anymore, no matter what we say or push for, is on deaf ears, this is NOT a country with democracy anymore..
I for one WISH we somehow could make a stand in a BIG WAY……
Just makes me sick he is not being brought to justice…….
GOD I AM SO MAD……
What is the world can we do to stop this hierarchy???
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I have a question (what is Colorado’s statue of limitations). If they could not go back as far as when the incident happened, ( when he bought the 1700 horses ), then WHY BOTHER AT ALL, oh yeah the ball was dropped way back when on purpose, can’t tell me otherwise…… This was the plan ALL ALONG……………….. You’d have to be stupid not to see it……………………
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I fought for years for CO to reclass horses, but.:-( Colorado considers horses livestock so what we consider abuse they don’t
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I agree..
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Totally and thoroughly disgusted!
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Had I committed a crime, I expect that I would be tried and prosecuted. So, who did he pay off? Find the corruption as it appears either a crime is still being committed here, or there is gross incompetence.
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The Buck stops at the top….WHO signed the papers sale papers?
“ProPublica reported last September that federal land managers sold Tom Davis at least 1,700 wild horses and burros since 2009. Yet after it sorted through state brand documents, the publication could not account for the whereabouts of almost 1,000 horses he purchased.”
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You have got to be kidding! Perhaps because it would eventually could be traced back to Salazar and the other top-of-the-pile sleezey employees who facilitated these sales and besides Salazar just got a BIG job with BP and thus the whole thing must have been “uncomfortable” for the agency and as with the Martha Mendoza’s in-depth research on a similar situation … somebody said WHOA to any prosecution to keep Davis from squealing on the rest of the guilty parties?
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Agreed grandmagregg…….Salazar a job with BP well there you go that answers that??…….
There all in it together, BP, BLM, Salazar, our former Presidents….. all Corruption and Wild Mustang Extinction….
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It is thus, Grandma Gregg. There are, once again, too many involved and at all levels. One would have a better chance exposing all of this in a book than ever getting any type of justice.
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Hmmmm…there’s a connection there, I have read about it.
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This is just total BS!!!!!!
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This makes my blood boil!!!!!!!! But the fight for justice and what is right for our wild herds and domestic horses must continue
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http://www.blm.gov/wo/st/en/info/directory/wo-270_dir.html
Joan Guilfoyle, Division Chief
Division of Wild Horses and Burros
20 M Street, S.E.
Washington, DC 20003
Main Contact Number: 202-912-7260
Division of Wild Horses and Burros Directory
Bolstad, Dean GS0401 – Senior Advisor 202-912-7297 dbolstad@blm.gov
Davis, Quiana D Student Intern (202) 912-7296 qdavis@blm.gov
DeLorme, Ramona Staff Assistant (775) 861-6583 rdelorme@blm.gov
Guilfoyle, Joan F GS0301 – Division Chief (202) 912-7260 jguilfoy@blm.gov
Hooks, Holle GS0401 – WH&B Specialist (405) 790-1066 hhooks@blm.gov
Kipping, Sharon L GS0401 – Wild Horse & Burro Specialist (202) 912-7263 skipping@blm.gov
Reichold, Zachary T GS0401 – Natural Resource Specialist (202) 912-7261 ztreichold@blm.gov
Ruf, Ross C Wild Horse & Burro Specialist (775) 475-2222 rruf@blm.gov
Spencer, Sally J GS0301 – Supervisory Marketing Specialist (202) 912-7265 sspencer@blm.gov
Thomas, Lili V Wild Horse & Burro Prog Spec (775) 861-6457 lthomas@blm.gov
Wade, Beatrice A Wild Horse & Burro Specialist (775) 861-6625 bwade@blm.gov
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Thank you Louie! Printing and taping to the wall behind my computer.
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The citizens of the United States know Davis did wrong. He committed acts that were inhumane
and fraudulent. The citizens also know the BLM did wrong in giving him the horses. Today Davis and the BLM got off on a technicality. This is just continuing evidence of a rogue agency that does
not promote itself as accountable, honest, or responsible. The sad part is that the evil doers are
calloused to their wrongdoing. They have no remorse or empathy for those they hurt.
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By the way I read an article not to long ago about how BP’s employee’s go back and forth in being hired into the Dept. of Interior, so now Salazar is in BP HOW CUTE IT IS, gag me!!!!!!!!!! SO corrupt…
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Well, now he is officially employed by BP. He was working for BP off the books while at Interior or rather the current owner of BP. He was not serving the people of the United States or anything that the people of the United States value.
Is it possible that Tom Davis sold our wild horses to international governments trying to get their hands on the genetic resources of the United States. Is it possible that they were shipped out of the country for medical research or to help people in impoverished, developing countries to work their farms. Do we know the gender of the horses sold?
The person who owns Propublica also now owns BP. Dave Phillips was working for Propublica to prevent Secretary Salazar from getting caught in this scheme. After the Gulf Oil Spill, Salazar signed the right of way for the Ruby Pipeline July 14, 2010. The El Paso Land Co. was just an intermediary developing the project. Salazar has been extremely helpful to the anti-willd horse environmentalists who’re funded through the natural resource use of the United States of America or through the United States purchase of foreign oil through their companies.
This is the real “dirty, sticky, oil” that is destroying our country. Salazar probably was most helpful to these people’s acquisition of precious metals and rare Earth elements in Colorado when he was attorney-general.
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A huge disappointment, to say the least, but not a surprise. What did surprise me was when they finally announced that they would investigate. Who do you have to know to get justice around here?! My heart breaks for those missing mustangs.
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Robin … AND burros too.
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Burros, too?! So it can, and does, get worse. And Tom Davis gets a pass even when he admits wrongdoing. Just so damn unfair that those innocent animals paid the price he should be paying.
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From Twin Peaks HMA:
Sold from Litchfield CA BLM facility – 45 Wild Horses and 15 Wild Burros
Sold from Indian Lakes NV BLM facility – 28 Twin Peaks Wild Horses
All the above were sold in large groups to “Colorado” – i.e. Tom Davis
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My heart breaks, as well, for all the beautiful innocent mustangs that went missing and no one is held accountable. Corruption seems to be widespread on far too many levels, which is very sad and quite disturbing. We must demand justice for those who have no voice!
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I don’t know – just a thought. Even though the Colorado county is not going to press charges, can this still be prosecuted under federal law?
“The majority of federal crimes in the U.S. are defined under Title 18 of the U.S. Code. Further, the Congress has the authority to delegate power to administrative agencies to establish regulations. These regulations may establish criminal offenses and impose penalties. Thus, a violation of a federal regulation enacted by the …various agencies may constitute a federal offense.”
And to take it a step further, even if Davis is not prosecuted for his crime how about the other (BLM) persons that facilitated the crime against the people of the United States by knowingly selling our wild horses and burros to Davis. To me they are even MORE guilty.
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This is my thought all along, first and foremost this was a federal crime, to sell those horses to slaughter is a violation of the contract Davis signed when he purchased those adobe town SA horses.The investigation should have been pursued first and formost as a federal jurisdiction over state..If davis cannot show where those horses went as a legitimate transfer, then a case should be pursued at that level..we all know why it is NOT being done, everyone is implicated from the top -down to canon city…take a close look at the DA..there are many Salazar familys in that valley
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I don’t understand why that jerk Holder at Justice wasn’t handling this….the county mounties never made sense to me, maybe state, but county?
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So now we know the State will not prosecute for violation of their laws. Now we und erstand how laws are broken, in full concert with law enforement (who failed at the border). They have Davis’ own confession that he did not comply. I expect Colorado to continue their investigation and locate who in their own ranks failed to enforce the law.
And we are still waiting for the report from BLM on their internal investigation. As was shown by Mr. Phillips, there is no trace of the 1000 horses. And it was a fact, that Mr. Davis was a broker for horses going to slaughter. the person(s) signing the title over Mr. Davis is more than likely a llittle worried right now and should be. I wonder as I take a deep sigh, if more horses have been given to this man, under the Sale Authority amendment or under the table. I remember a report and photos a few weeks ago of young wild looking babies standing in his pens.
Does anyone really read this reports?
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I remember an interview with Tom Davis bragging about how delicious horse’s were…
In that same interview another man talking about our Wild Horses need to be slaughtered..
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FYI
I believe it was a county prosecutor – not state – and as many of us are aware the counties often don’t have the money to take on more cases and sometimes will not prosecute because of political concerns such as being up for re-election etc. More political baloney.
Also, I believe the total number that were sold to Davis (and approved and signed by BLM’s sales representative) was close to 1,700 WH&B including 84 Twin Peaks wild horses and burros.
And here is a direct quote from a letter Sally wrote to me a few years back (in regard to Davis- but his name was not used):
“If we become aware of someone we have sold horses to who then sells or transfer ownership to any person who sells them to slaughter, we turn them over to the Department of Justice for prosecution and we will not sell or adopt to that person again. The person who is interested in purchasing horses from Canon City has purchased horses from us in the past. He has placed horses with individuals who have property and are interested in having a few (four or five) wild horses running on their property.”
If I only knew then what I know now…
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We all know that Guffoyle is a pathological liar…THAT is what is happening to this country… people like her.
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http://www.blm.gov/wo/st/en/info/directory/wo-270_dir.html
Division of Wild Horses and Burros Directory
Guilfoyle, Joan F GS0301 – Division Chief (202) 912-7260 jguilfoy@blm.gov
Bolstad, Dean GS0401 – Senior Advisor 202-912-7297 dbolstad@blm.gov
Spencer, Sally J GS0301 – Supervisory Marketing Specialist (202) 912-7265 sspencer@blm.gov
Thomas, Lili V Wild Horse & Burro Prog Spec (775) 861-6457 lthomas@blm.gov
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Excellent. Everyone should print this and paste to your wall above your computer. These people are the ones with the answers.
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I was remembering the article which stated there were at least a 1000 whose location could not be confirmed.
It kills me to think of the horses that were listed in the report of sales to this man. Pregnant mares from Burns, hundreds of freshly gelded stallions from Adobe Town and Salt Wells, Twin Peaks horses.
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One mare made it to Indiana where I ended up rescuing her. I’ve placed her in a good home but she was pregnant when I got her and lost the foal (and almost her own life trying to give birth). She was too young to have a foal. That is what happens to these BLM horses.. they get used, abused and usually thrown away. She was very thin when I got her, abused and tossed aside..
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“I did not have sexual relations with that woman” That fib was enough to get Clinton impeached. Yet killing of our American Mustangs carries little weight with the law, or courts. Go figure, what has become of this place?
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A few thoughts when I saw this this morning. Gut reaction? Somebody paid somebody off. Slaughterczar has his grimy paws all over this. No way in hell is anyone going to start digging when somebody way up the echelon would go to jail.
They didn’t dig when they’d should’ve because had they–big name players would’ve had their names dragged through the cow manure.
Another thing to note Slaughterczar threatened to punch out Dave Phillips in this state. Coincidence that is all comes back to the same faces???
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Good comment and so true…..this wreaks cover up,…shut up!!!
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A mockery of justice.
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http://www.blm.gov/wo/st/en/info/regulations/Instruction_Memos_and_Bulletins/national_information/2006/ib_2006-063.html’
EMS TRANSMISSION 02/21/2006
Information Bulletin No. 2006-063
To: All Washington Office and Field Office Officials
From: Assistant Director, Renewable Resources and Planning
Subject: Bureau of Land Management (BLM) and Public Lands Council’s (PLC) Letters to Permittees encouraging the
Purchase of Older Wild Horses
Are the local BLM managers responsible for selling horses to ranchers?
A: All sales are being completed in the Washington, DC Office.
However, when your public land ranchers contact you about the letters, please tell them that this is a legitimate offer and that the BLM needs their
help. Presently, 7,000 horses are available for sale. Also explain that the goal of this program is to find good long-term care for these animals. Please inform the rancher that a representative from the National Wild Horse and Burro Program Office will contact him/her to complete the sale.
Older wild horses will be sold to Public Land Ranchers for $10 each.
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What is a Public Land Ranch? Is that a ranch of only public land, as the name implies?
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This SMELLS of Salazar and the Cattlemen’s Assn.This jerk is being protected by the very perpetrators who were involved with this crima against the horses. They farted around until it exceeded the statute of limitations within that damned state…. THAT was the game played on horse advocates…
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The Adobe Town horses sale was only 2 years ago, how can that be beyond the statue of limitations?
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And the last large sale of Twin Peaks wild horses to Davis was barely over a year ago – 4/24/2012.
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Depends on the potential charges (Davis never got a citation….did he?…that’s important), but since this is being “handled” by state AG county reps (or is this just a state and/or county misdemeanor?) one must know what the citations, charges and the prosecuting authorities (to include law enforcement) are.
That doesn’t really seem to be forth coming in this case.
BTW…Slaughterczar? Ummmm…thought there was an ethics restriction on new hires for high level cabinet members from public service to and through the revolving door called “corporate employment”?
Oh and another goody…seems Gorey and buddies have some issues with selling BLM land in Nevada, wherein they are “involved” as public AND post public persons.
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The paper you sign when you complete your purchase states that you are swearing that you are not purchasing these SA horses for purposes of slaughter, and that you can be prosecuted under federal law for misrepresentation of your intentions..that is not- a citation offense..it is a criminal offense, and until it is -proved he did not sell them to slaughter, he can be charged with a crime..There were several of us who contacted sally spencer in DC at the time it was revealed to me and confirmed by both sally and lona that all of the adobe town SA orses were spoken for by a “repeat buyer” that they both said “was above reproach”..I spoke directly to her by phone while purchasing a semi load of the adobe mares and stallions, and questioned the motives of this person..Salyl has made all kinds of conflicting statements about what davis intentions were..I was told-in real time..his intent was to distribute these horses across the south in groups of about 6-to provide landowners with Ag tax deferrals for their property(which -in fact would constitute a defrauding of those states tax laws) we went round and round for MONTHS-them wanting verification of where my semiload were going and trying to get the land owner to sign a paper that he agreed with it, they wanted his phone # so she could contact him directly-he lived in Calif, I got the signed paper but refused to allow her to contact him…Given the hoops they made me jump thru…saying they donot do any background checks on buyers is just pure self serving crap….I have saved all correspondence during those months and there is nothing more I would like than to get into a court of law and testify to tha-whicht I know first hand..Its about time someone is held accountable for their lies..sally has stated he was selling the horses to Hollywood for the movies, among other confliting statements that make it look as if she is covering for him-now…why would she do that????
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The paper you sign when you complete your purchase states that you are swearing that you are not purchasing these SA horses for purposes of slaughter, and that you can be prosecuted under federal law for misrepresentation of your intentions..that is not- a citation offense..it is a criminal offense, and until it is -proved he did not sell them to slaughter, he can be charged with a federal crime..There were several of us who contacted sally spencer in DC at the time it was revealed to me and confirmed by both sally and lona that all of the adobe town SA orses were spoken for by a “repeat buyer” that they both said “was above reproach”..I spoke directly to her by phone while purchasing a semi load of the adobe mares and stallions, and questioned the motives of this person..Salyl has made all kinds of conflicting statements about what davis intentions were..I was told-in real time..his intent was to distribute these horses across the south in groups of about 6-to provide landowners with Ag tax deferrals for their property(which -in fact would constitute a defrauding of those states tax laws) we went round and round for MONTHS-them wanting verification of where my semiload were going and trying to get the land owner to sign a paper that he agreed with it, they wanted his phone # so she could contact him directly-he lived in Calif, I got the signed paper but refused to allow her to contact him…Given the hoops they made me jump thru…saying they donot do any background checks on buyers is just pure self serving crap….I have saved all correspondence during those months and there is nothing more I would like than to get into a court of law and testify to that-which I know first hand..Its about time someone is held accountable for their lies..sally has stated he was selling the horses to Hollywood for the movies, among other confliting statements that make it look as if she is covering for him-now…why would she do that????
Further more..Fran who works at Canon, also works in the district that Tom Davis is from, and it was-according to Sally- Fran who had objections to wild horses going to his district.and was holding up my approval-..he knows everyone in that district..he absolutely would have known that Tom Davis was a slaughter buyer, without any investigation
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Reblogged this on WILD HORSE HUB CENTRAL and commented:
As usual…
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“The darkest places in hell are reserved for those who maintain their neutrality in times of moral crisis” – Dante Alighieri
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Good ole boy syndrome. The da should remember the good ole boy syndrome ruins careers in this day and age. And as for this guy picturd him in hell forever getting enveloped in flames, probably being slaughtered over and over again for eternity.
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Perhaps we need to request a Congressional investigation to find out if the 1971 Wild Horse and Burro Act has been usurped by the 1993 UNCBD law regarding the prevention, control, and eradication of alien species, which definitely included our wild horses and burros. President Clinton created the Alien Species Act EO 13112 to make it easier for agencies to execute the Act.
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He is just a small fish in a big polluted cesspool, but …..HOW is it different from this?
24 indicted in theft of Native American artifacts
http://www.cnn.com/2009/CRIME/06/10/indian.artifacts.theft.indictment/
CNN) — Federal authorities indicted 24 people Wednesday on charges of selling, buying or exchanging archaeological artifacts stolen from Native American lands — part of what Secretary of the Interior Ken Salazar called a crackdown on smugglers of such relics.
The artifacts include burial and ceremonial masks, decorated pottery and a buffalo-hide headdress, according to a news release from the Department of Justice.
“Let this case serve notice to anyone who is considering breaking these laws and trampling our nation’s cultural heritage that the BLM [Bureau of Land Management], the Department of Justice and the federal government will track you down and bring you to justice,” said Salazar, who was in Salt Lake City, Utah, to announce the crackdown.
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Time (past time) to “track you down and bring you to justice” Mr. Salazar and the other many guilty BLM employees that facilitated the sales of our Wild Horses and Wild Burros to Davis and the OTHER kill-buyer middle-men.
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The BIGGER issue here is what about COGGINS TESTS and HEALTH CERTIFICATES for LEGALLY crossing state lines with horses and other large animals and/or livestock?
If Tom Davis couldn’t be bothered to do brand inspections which are relatively easy and inexpensive to do and do not require “hands-on” with the horses, would/did Tom Davis do health certificates and coggins tests in order to transport at least 1000 WILD horses across STATE LINES? I THINK NOT!
I believe not having coggins and health certificates on that many horses to cross ANY/ALL state lines throughout the United States and not just having Brand Inspections for our Open Range states to cross over into other states is a far bigger issue and much more costly for the owner of the horses to comply with.
To fulfill this REQUIREMENT, blood MUST be drawn from each and every horse to run the coggins test to detect Equine Infectious Anemia (EIA-and where a positive result is pretty much a death sentence to the horse because the lifetime quarantine requirements are so stringent regarding the distance the horse MUST for it’s lifetime be kept away from other horses even though some/many veterinarians are doubtful that EIA is all that serious of a disease when compared to other contagious diseases) and the vet must fill out the health certificate with the results of the coggins test BEFORE horses, burros, mules, ponies can even cross state lines.
So maybe we should all start asking about that HUGE requirements because quite frankly, if Tom Davis doesn’t have to do the health cert and coggins testing and PAY FOR EACH AND EVERY HORSE to be tested, then why in the hell do any of us have to do it?
THAT would be what is called SELECTIVE ENFORCEMENT and in my world, THAT won’t fly!
Maybe it’s time to get the ACLU involved in this issue so that we are all treated the same and have the same requirement when we cross state lines with our horses and other large animals!
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Please correct me if I am wrong, but when an animal is designated slaughter, Coggins and health certificates are not required. Isn’t that the case. And if so, that would explain the lack of paperwork and his ability to produce the location of the horses.
But in any case, I know hundreds left Burns and Canon City at one time driven by BLM, maybe they have the paperwork. Sure…
Good point Laura.
Sent via BlackBerry by AT&T
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Janwindsong, you are partially correct; in my experience with doing feedlot rescues, the coggins blood test is NOT required, but the health certificate is…..so now here’s the question for Tom Davis, the Department of Agriculture and our Federal government an will tell us a lot about how they feel about up-holding the law and also about their position on “selective enforcement”:
1. if Tom Davis did NOT ship them to Canada or Mexico for slaughter, then he absolutely is REQUIRED to have a COGGINS TEST and a HEALTH CERTIFICATE for those PROTECTED WILD HORSES (protected in terms of not getting them per sale authority at $10 a piece from OUR FEDERAL government in the form of the BLM– talk about the fox guarding the hen house when it comes to the BLM “guarding” the wild horses against the FACTIONS whom seek to take over the PUBLIC’S land and fence it off and the reason they haven’t done it already is because of OUR protected FREE-ROAMING wild horses and burros– with the agreement they will NOT go to slaughter) as ALL of us “regular, run-of-the-mill, law abiding citizens are required to do, or;
2. If he was planning all along o ship them to slaughter, he still is REQUIRED by law to get a HEALTH CERTIFICATE.
So either way, whether shipping them to slaughter or not, he was required to have at least one document if not both and if Tom Davis doesn’t have to follow the law, why should I or anyone else crossing state lines be required to spend my/our hard earned money to have a veterinarian draw blood on our horse or horses, send it to a lab, charge us for a health certificate too, and unless we have the REQUIRED documentation we can’t travel over state lines with our horses?
It’s called “Selective Enforcement” and it is not legal, it is not ethical, and it IS preferential……… kind of makes us wonder what kind of back room “chats” and damage control were going on behind closed doors with former Secretary of the Interior Ken Salazar (Tom Davis’ neighbor whom Davis has worked for), the Department of Agriculture in Colorado (who I believe Ken Salazar’s brother is or was in charge of), and reps from our Federal government. Wonder if they’d do a cover-up for me, or any other “regular person” unless we had “something” on the “higher-up’s” and dealings to eradicate and eliminate federal wild horses who were supposed to be protected in long term holding pastures that ranchers get paid a lot of $$$ to take care of and PROTECT…. (yeah, right!)
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Nailed it, Laura.
So BLM, where is the paperwork? We know you “don’t know” where the horses are. But the paperwork shouldn’t be a problem, for you or the vet Davis would have paid for the blood draw.
Sent via BlackBerry by AT&T
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Good point Laura but a couple of more thoughts:
1) I would not put it past “some people” to forge documents
2) The BLM does a Coggins and heath inspection before they leave the BLM facility and the buyer gets the paperwork (taxpayer expense)
3) The Coggins and health inspection are valid for “x” amount of time depending on the state (see: https://www.usrider.org/EquestrianMotorPlan.html)
4) Davis’ corrals appear to be a total of about 7 acres – he didn’t have them all there at the same time or for very long and even though the taxpayer paid Cattoor and Ourada (and maybe others) to transport them to Davis – what is to say that Davis then didn’t just pay Cattoor and/or Ourada to transport them on to “the next stop” – perhaps without even taking them out of the trailers? Or another trucker or a kill-buyer picked them up the next day at which time the Coggins and health certificate was still valid?
5) My limited experience tells me that when crossing the state lines with wild horses, the state border inspector takes a quick glance at the paperwork and never even looks at the animals – we could have had rhinoceroses in the trailer for all she new or cared.
IMO the whole song and dance was pre-planned from the top to the bottom… from the person who approved the sale and signed the sales agreement and the wranglers who chose the animals and herded them down the ally to the loading chutes and the BLM facility office manager who did the paperwork and the contractors who were paid to haul the horses and most important the top BLM who OK’d the whole plan. All of them knew the future for those horses and burros and all of those people are guilty in my mind.
… and that is for those sold directly from the BLM short term facilities … so then take those ideas and apply them to the wild horses he got from the BLM long-term holding facilities!
Why has Davis not been prosecuted? Because it would be like a house of cards and MANY people (mostly BLM) would all come tumbling down down down … IMO.
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Health certificates are only good for 30 days (coggins test is usually good for 6 months, however, I’m positive Tom Davis didn’t get those because we all know where the horses went and they didn’t need coggins test where they were going) AND the name and address on the health certificate and brand inspection is where the horse or horses HAVE TO GO…..we do not have the legal right or luxery of putting the documents in one persos name and address and then pass the horse off to who-knows-who (at the feedlot rescues, if another person ends up with a horse that another persons name is on the health certificate but now the horse isn’t going to them, they have to have another inspection done by the vet, and pay the ranch call AND usually $60 to change the name on the health certificate)
…..they are NOT interchangeable for different names and/or destinations, and they are not re-useable……
And I guess my point is that if Tom Davis doesn’t have to follow the law even with just the Brand Inspections, then why should I? I think this is something the ACLU needs to get involved in because this is “selective enforcement” and it is ILLEGAL……….
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The purpose of a brand certificate is to prevent my or your horses from being stolen and moved..which is why I never complain about it..an inspector has to actually put eyes on the horses being shipped..Colorado unlike most states-only has a 6month life on their health certificate, and I believe 30 days on a brand certificate unless they are just being moved in the local area, however many horse trainers carry their own brand book in case they are stopped…however if there was cause for suspicion it would be easy enough to check..usually you will only get stopped at a border check point, unless you are in a state where there is a rash of stolen stock and you have out of state plates..horse haulers know all the back routes to take to avoid crossing checks.as I pointed out-canon city had no excuse-they had to know of tom davis’s history as a slaughter buyer , its Frans BLM district -and its not city folk but rural country, everyone would know ..You have to give a destination when that paperwork is filled out..directions are given to the DC office on your paperwork-which are precise driving directions that go to the driver as well..I am going to guess those horses went to somewhere close to the border in Texas, and that would be recorded on his documents, otherwise he would be investing money in hay to feed those adobes who were fat at the facility..and slaughter horses are sold by weight..they were not thin..carol walker took many photos of pens of horses_SA_stallions pen by pen that show what shape they were in..the longer he held them the less he was going to make on them..plus the BLM woul;d pay for the haul to the border..given those facts..he probably didn’t NEED another set of papers or brand certificates, cause the next ,move was across the border..BLM is covering his ass because they have to in order to cover their own
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You kinda’ lost me, Sandra but what you say is true although the usa.org BLM payment to Ourada and Cattoor does say they were to be shipped to La Jara – so that is what the taxpayer paid for but like I said, from there they didn’t even have to unload them because Davis could have already made arrangements with Ourada or Cattoor that he would pay for the balance of the trip to the border or to another intermediate kill-buyer facility and like you said … they didn’t wait long (if at all) before they were shipped to slaughter because it would not pay to keep them. The coggins and the health certificates were current and paid for by the tax-payer so … off they went.
Although perhaps some BLM facilities have other methods, Palomino Valley and Litchfield had no driving directions or destination on the horses’ travel papers (the destination was on the application) but haulers absolutely know the back roads to avoid check-points.
As you say, “everyone would know” and “BLM is covering his ass because they have to in order to cover their own”.
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Brand Inspections are designed for Open Range states that have livestock, primarily cattle and sheep, roaming without fences on the public/federal land that are owned by ranchers that have grazing permits that someone like me does not have.
Because the livestock are roaming and cattle have “brands”, that is why its called a brand inspection, and in addition, many of the ranchers also have their horses turned out to graze under their grazing permit, and the horses are often branded with a hot or freezebrand too.
It is considered the legal change of ownership in Open Range states, however, it is mostly a way in my opinion and after living for 21 years in an Open Range state to collect more money from horse owners and not very valid for ownership because most horse owners do not have grazing permits and our horses are NOT out roaming on unfenced land.
Furthermore, when horses are brought from CA to NV for instance, they typically do NOT have a brand inspection because CA does not require it, so once again, not a very good method regarding ownership of horses unless the horse is in fact branded with a registered brand that is noted on the brand inspection.
Now if I were allowed to get a grazing permit to graze my horses on Open Range/public land at $1.35 AUM (which I am not because I have called the BLM and asked about doing that because at $1.35 per head of horse per month, THAT would save me a lot of money on feed……I was basically told that for purposes of getting a grazing permit my horses would have to be being raised for slaughter and when I said “maybe they are” just for the sake of argument, the BLM agent stuttered and told me I still couldn’t get a permit), the Brand Inspection for my horses would make sense because they would be grazing on unfenced land where any horse thief could steal them off the unfenced Open Range. As it is now, it quite frankly is a joke as evidenced by the fact that Tom Davis didn’t do it apparently so what is the point for any of us to have to pay for it?
Makes no sense and is just another way for the government to squeeze more money out of us non-food chain horse owners just like the other “rules” and laws they are trying to put in place for ALL horse owners that are wholely for food chain animals……
Every horse owner should be gearing up to have rules put in place for horses as food chain animals even though there are many of us who would never send horses to slaughter……we WILL be dictated to by the agricultural industry if we don’t start to protest now.
Agreeing that brand inspections as “necessary” and/or “a good thing” is the first step in agreeing to other rules and regs that monitor food chain animals because that’s what they were/are designed for.
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Border control is a real problem for people who act legally. We do get Coggins and we do get heallth certificates – expensive when you add in the ranch call. How does this guy, who obviously lives on the outskirts of populations afford those service fees for almost 2000 horses?
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Canon City facility was going to charge a huge fee to photograph the horses, and made other people leave their cameras at the gate, claiming it was because it was a “prison” and was for security purposes..as do other prison facilitys..that has to stop..period..photographic evidence would allow you to identify those horses, something other than the freezebrand..They let carol photograph because they were admirers of her work, and her friendly personality..We should have a right to photograph at these facilities…period
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I also have suggested, from here on out..that any semiload of horses to a buyer..be verified as a “clean” non slaughter buyer by a organization such as Animal Angels, who are very familiar with the slaughter pipeline, and that they be paid for that service. whether they reject or accept that buyers credentials.I bought a semiload of those adobes and would be happy to go thru that check -as would any legitimate buyer
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grandma, the requirements are a bit different for semiloads than a horse trailer delivery..some SA sales can be approved at the facility..semiloads have to go to the DC office for approval..when it was just Grey Beard and a couple of mares, I was approved by Lona..as soon as it became a semi load..I had to get my approval thru DC, ..and I was not aware that BLM had released the paper work on the adobes, or was it the state vet or DA cause have not seen that info anywhere..Canon City has several different haulers and contractors
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OK, I see you are getting that info off of a BLM website that shows transactions, its not the actual paperwork, which may or may not say something different,
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https://www.usrider.org/EquestrianMotorPlan.html
Laura-
The above link tells what each state requires and Texas for example the coggins is accepted if within 6 months and the health inspection within 45 days and as Sandra has said, Davis would only loose money feeding them if he kept them any longer than he had to (if at all) and since BLM had already given Davis the coggins and health papers he just sent the horses “on” before those certificates expired.
For the sale authority horse I purchased, my name, address and destination are not on any of the coggins/health paperwork. So in theory, I could have sold him the next day to a “middle-man” (thus keeping my legal vow not to sell him to slaughter) who could then have sold him to a kill-buyer and his coggins and health certificate would still be valid.
If the feed-lots handle the paperwork different and require you to get new certificates every time a horse has a new owner even though the coggins and health certificates are still within the time limit … then I am not sure what is going on.
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Many people are missing my point……my 501c3 The Starlight Sanctuary (on Facebook under that name) has been doing feedlot rescues from a feedlot in Fallon, Nevada since last October and MANY people who are bailing/buying horses from the feedlot rescues are being RELENTLESSLY HOUNDED by the NV and CA Department of Agriculture regarding DOCUMENTATION, i.e. addresses where horses are going?, are they still there?, if not there, then where are they?, whose name is that?, when did they leave?, and on, and on, and on…..
So here’s the deal, if Tom Davis doesn’t have to follow ALL of the laws that other people HAVE TO FOLLOW under threat of fines, citations, having Dept of Ag agents at their door, having “holds” put on horses, etc, then NONE of us should have to follow the laws….it’s called “selective enforcement” and it is ILLEGAL and PREJUDICIAL and it should not be tolerated by us “regular folks” who don’t have an “in” at the Dept of Ag, the BLM, and wherever else. It also should not be tolerated and should be scrutinized because as we all are pretty convinced, many, many, many FEDERALLY PROTECTED wild horses were murdered at slaughter and that is ILLEGAL too.
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Also, the horses destination HAS to be clearly stated on both their coggins report and health certificate and once money changed hands and the horses had a new owner (Tom Davis), the health certificates AND coggins would be invalid under the BLM’s ownership and the documentation HAS to be changed to reflect the new owner which was Tom Davis because they are NOT interchangeable with the names (and neither is a lifetime transportation permit for horses in Open Range states even though it says “lifetime”; it’s only a lifetime permit as long as the horse is with the same owner, but if the horse is sold, they HAVE to have a new “lifetime” transportation permit paid for and a new inspection done with the NEW owners name on it)…….
So unless he put his address as a slaughterhouse in Mexico and that is a-O.K. with the authorities, and unless he can either show that the horses are where the paperwork say’s hey are supposed to be (the address on the health cert and coggins report) and unless if he say’s he sold them to a new owner and there is a change of ownership brand inspection on file with the Dept of Ag and the horses are with that new owner, then we would be foolish and irresponsible if we let this be swept under the rug by our government…..I for one of tired beyond tired of having to spend money to follow the rules, laws and regs only to turn around and see the likes of Tom Davis get away with sending a lot of federally protected wild horses to slaughter and pocket A LOT of damn money too. Criminal is what it is, and I’m thinking I should just retain Tom Davis’ attorney and maybe he can keep me from having to spend money on documentation like they did with Tom Davis.
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We’ve had it happen that someone bails a horse, pays for the horse including the coggins, health certificate and brand inspection, and then they have a change of plans and we find someone else to adopt the horse from them before they have even left the feedlot.
When that happens, the feedlot has to get a new brand inspection done with them still as the seller but with a different buyer, and then the health certificate has to be re-done at a cost of $60 to the vet to change the information on the health certificate to reflect the correct owner…..that is the LEGAL procedure if someone wants to be in compliance with the laws.
So once again, if we all have to abide by the laws in place, why doesn’t Tom Davis and what’s up with the Selective Enforcement??
Oh, and then there is also the issue of we “regular people” having to jump through all the BLM’s hoops in terms of facility, fence height, having to have shelters that most all of the wild horses I’ve adopted over the past 20 years won’t even go under and that NONE of the BLM adoption facilities I have been at even have, if we move the horse from one facility to another the new facility has to comply with all the BLM’s rules, etc.
It’s really just turning into a giant joke of the BLM making it harder and harder for “regular people” to adopt a federal wild horse, but making it easier for the Tom Davis’ of the world to buy the horses for $10 a head under the sale authority clause and just shuttle them straight to slaughter.
So I suppose we can all just “take it” like we always do because most of us lead busy lives and don’t have time to pursue stuff because it’s really time consuming, but since I’m up to my eyeballs in paperwork, rules, laws, regulations, etc doing these weekly feedlot rescues and making sure we’re in compliance with the rescued horses, I think I will pursue it and the next time I get hassled by the Department of Agriculture I’ll simply say “hmm, you didn’t make Tom Davis follow your laws, so I don’t think I will either”……will someone please make sure to visit me in jail and please bring a file in a cake so I can try and break out? LOL
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Don’t know why this is, but I have bought and sold horses at QH sales all over the country, and guess it is because the horses have papers which are marked to identify them, and shows the chain of ownership on the papers-that I have never needed to change or was charged for a change on coggins before the horses were removed, perhaps it is just that these are unregistered horses,- usually at these sales there is a brand inspector checking the horses leaving the sale yard and reissuing brand cert. with the release, but I have never been charged for a change of coggins or a brand certificate on a horse bought thru a sale..maybe the sale yard is picking up the charge, but then most of my experience is at registered horse sales..It sounds to me as if the are singling out horse rescues, which, rightly so would piss anyone off…I’ll bring the file….
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What we can do is request that BLM produce the paperwork. If it was generated per horse, it should be there still. Retention for veterinary records is a requirement for certification, not sure what the length of time is. They can then prove to the public that everyone has to follow the same rules. If he did turn them around and transported them within the timeline, then we can ask USDA to produce documentation of branded horses crossing the border. From what I understand Animals Angels has documented horses sitting at borders in locked trailers so that no horses will be exchanged for those who have been inspected and documented before crossing the border.
Laura, better than that I will retain the attorney who represented Tom Davis to come spring you.
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Laura-
Having both adopted and purchased wild horses from both CA and NV BLM and having the paperwork right here and comparing the coggins test/health inspection paperwork (neither of which have my name or horses “destination”) and after reading what you have been through with the feed-lots it certainly sounds like you are being greatly harassed by the NV Ag. Not having bought auction horses, I cannot say for sure but if the state laws say the coggins/health inspection is valid for “x” days/months (see the link I sent you) Nevada says the coggins is valid for 6 months and the health inspection says “yes” but with no date or length of time validity then it appears that if they are requiring a new health inspection and coggins every time a horse is exchanged from one adopter to another then they have no legal right to force you to get a new coggins/health certificate. That is how it appears to me but I am not an expert on this. I know you are very very busy but perhaps someone will contact the NV Ag. and ask them to clarify for you? I hope so!
Phil LaRussa, State Veterinarian
Administrator Division of Animal Industry
Nevada Department of Agriculture
405 S 21st ST
Sparks, NV 89431
775-353-3755 (Office)
775-353-3757 (Fax)
E-Mail: plarussa@agri.state.nv.us
Website: http://www.agri.state.nv.us
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Sandra and Laura-
This is good that we are exchanging information and seeing discrepancies both for ourselves and for future adopters/buyers and maybe even investigators.
Sandra – The sale authority purchase was for one horse and it had to be approved through DC. The SA application did have the destination on it but the horse’s travel papers (coggins/health) does not.
Also, I am not getting the information I am sharing off the website – it is off the SA paperwork that I have right here in my hand.
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I was talking about the adobes that tom davis bought saying they went to Jahara, came off their website..the bill of sale is that paperwork that goes to DC and that application is what is signed under federal penalties..my first application for Grey Beard went to the facilty at canon and was approved there..LOL so they must have decided you were a “trouble maker”..I now have that freezebranded on my kneck-but you can only see it when I have my hair in a ponytail….perhaps the people you dealt with were not approved to approve.
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