By Mike Sever
Record-Courier staff writer
Diane Silbaugh, 55, operator of the Never Rest Ranch in Brimfield, was sentenced Wednesday to 180 days in the Portage County jail for felony theft and fraud charges and 10 misdemeanor counts of animal cruelty.
Silbaugh, of 344 Old Forge Road, pleaded guilty to the charges on March 18.
Portage County Common Pleas Judge John Enlow sentenced Silbaugh to concurrent 180-day jail terms on each of the felonies and 90-day terms on each of the misdemeanors. Silbaugh, who remains in the Portage County jail on $100,000 bond, will receive credit for jail time she's served since February.
Silbaugh also will serve 100 hours of community service and pay restitution to the Portage Animal Protective League.
Seven of the cruelty to animals counts relate to horses that died while under Silbaugh's care.
Five horses were found dead at the ranch in January when Brimfield police were called in. One horse later died while in the PAPL's care and a seventh horse was found dead at the ranch in February after a second visit by police that resulted in Silbaugh's bond being revoked.
Dan Weisenburger, Silbaugh's attorney, objected to her serving at the PAPL, prompting Humane Officer Jennifer Sanderson to say, "I do agree with the attorney " We don't want her at the APL."
After her release, Silbaugh will serve five years of probation. She is not to own or board horses during that time. Enlow warned her that she faces up to 17 months in state prison if she violates her probation.
Before sentencing, people who participated in the investigation told about the conditions at the stable, including horses standing in feces up to mid-leg and horses described as "skin and bones" from malnutrition.
Annette Fisher of Happy Trails Farm Animal Sanctuary Inc. said one horse had a large sore on its back left untreated so long that flesh came away when the blanket was removed.
Enlow ordered that Silbaugh's remaining horses be auctioned to pay part of the restitution. Sheila Vandergriff, PAPL's executive director, said the nonprofit group has rung up a $31,000 bill caring for the animals and investigating the complicated case. About a dozen of the 20 horses in the PAPL's custody were claimed by their owners Wednesday. A decision on ownership of several others is pending. Owners were relieved when Enlow ordered they only have to pay the veterinarian bills.
Wednesday's hearing was marked by confusion over ownership of the horses. Some 50 people crowded into the courtroom gallery to stake a claim. Several people who had said they owned horses early in the investigation did not appear in court to repeat their claims.
"This is a perfect example of what we've been dealing with from day one," Vandergriff said after the hearing.
"It was only through great work by the Brimfield Police Department and the humane officer that we were even able to identify the potential owners," Vandergriff said.
Potential owners were tracked down through quarter horse and painted horse associations and notified that their animals might be at risk.