Colorado Declines to Prosecute Wild Horse Buyer for Brand Law Violations
A Colorado man, Tom Davis, who repeatedly broke state brand laws by shipping hundreds of federally protected wild horses out of state, will not be prosecuted for violating state brand inspection rules due to time limits on prosecution, authorities announced this month.
A ProPublica investigation published by The Gazette in September revealed that Tom Davis of La Jara purchased more than 1,700 wild horses from the Bureau of Land Management (BLM) between 2008 and 2012, shipping them to unknown destinations.
Davis, a proponent of horse slaughter, claimed he sent the horses to "good homes" across the country. However, wild horse advocates suspect they were illegally sent to slaughter, as none of the horses have been accounted for.
In October, the BLM began investigating whether Davis broke federal law by knowingly sending horses to slaughter. That investigation is ongoing.
Soon after, Colorado initiated its investigation into whether Davis violated state brand inspection laws.
Brand Inspection Laws
Brand laws, which date back to the cattle rustling days, are designed to prevent the sale of stolen livestock. Colorado law mandates a state brand inspection when livestock is sold, moved out of state, or shipped within the state more than 75 miles.
Brand records indicate Davis received over 1,700 horses from the BLM but obtained inspections for only 765. None of the horses remain in his possession, suggesting nearly 1,000 were moved without an inspection.
Davis admitted to ProPublica that he did not want brand inspectors to know the horses' destinations. When a reporter suggested this was illegal, Davis responded, "Since when is anything in this country done legal?"
The whereabouts of all 1,700 horses remain unknown.
Each violation of the brand law is a misdemeanor punishable by up to 18 months in jail and a $1,000 fine.
Investigation and Legal Proceedings
Sheriff's deputies in Conejos County, a rural area in the San Luis Valley where the Davis family has deep ties, conducted an investigation starting in late April. Deputies found no evidence indicating Davis broke the law, according to 12th District Attorney David Mahonee in a press release.
Mahonee stated that within the last 18 months, the period allowed by Colorado's statute of limitations for misdemeanors, "There is no evidence that the rancher shipped horses out of Colorado without first having them inspected by the brand inspector, and therefore no charges will be filed."
"It's pretty clear he was breaking the law," said Colorado state brand inspector Chris Whitney. "But not within the allowable timeframe."
State and federal documents obtained by ProPublica suggest there is evidence Davis broke the law within the specified time. BLM sales receipts show the agency sold Davis at least 239 mustangs in the last 18 months. BLM records indicate the animals were shipped to Davis at his house in Colorado. State brand inspection records during that time show Davis had only 43 animals inspected, meaning the rest are either still in his possession or he violated brand inspection laws.
Only a half dozen horses were on his property during a visit by a reporter in May 2012.
"It's that simple. Either show us the inspections or show us the horses. If you can't, he should be arrested," said Deniz Bolbol, communications director for the American Wild Horse Conservation (formerly American Wild Horse Preservation Campaign), a national advocacy organization. "We are disappointed the authorities seem to be turning a blind eye."
The Department of Interior Inspector General's Office took over the BLM investigation of Davis in October. The office did not respond to requests for an update on the investigation, but an unnamed source indicated its findings could be completed this summer.
Meanwhile, wild horse advocates are outraged that the man they claim slaughtered truckloads of protected mustangs has yet to be punished.
"The bottom line is that there are 1,700 missing horses," said Suzanne Roy, director of the American Wild Horse Conservation (formerly American Wild Horse Preservation Campaign). "The sheriff has turned his back. The BLM is dragging its feet. And we still don't know what happened."
Originally Posted By The Gazette