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Bastrop County officials: 'We have not found any conduct...which constitutes animal cruelty.'

After photos of a horse that appears to be emaciated went viral, the Bastrop County Sheriff's Office investigated the property where the horse was found and determined it had "not found any conduct on the part of the owner of the horses ... which constitutes criminal animal cruelty."

BASTROP COUNTY, Texas — After photos of a horse that appears to be emaciated prompted outcry on social media, the Bastrop County Sheriff's Office conducted an investigation and said "we have not found any conduct on the part of the owner of the horses and bulls located on FM 969 which constitutes criminal animal cruelty."

BCSO said throughout the investigation that it had full cooperation of the owner and unfettered access to the property where the animals are located. They also brought in a veterinarian to perform professional assessments of the conditions of all the horses and bulls on the property, which is located near Blakely Lane and FM 969. BCSO officials said they were present for the entire review of the animals and the environment the animals were living in.

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The investigation conducted by the Bastrop County Sheriff's Office concluded the following:

"1. In Texas, it is not illegal to shoot one’s horse in the proper circumstances. It also is not illegal to allow an old animal to die naturally. The downed horse in the field was approximately 37 years old. The owner had the option either to abruptly terminate the horse’s life, or to allow nature to take its own course with a horse that was in its final hours. Some people may not agree with the choice made by the owner, but that does not make it illegal.

2. Based on the findings of the Veterinarian and our own investigation, there is no legal justification to remove any of the animals from the property. In summary, there was and is abundant food (natural grasses and many bales of hay) and there was and is abundant water, not only from the Colorado River, which is easily accessible to the animals, but also several other water sources.

3. We will monitor the property frequently for several months to make sure that the owner is continuing to abide by the law. I want to assure you that we will continue to respond quickly to any reports of livestock abuse and will acquire the necessary resources to stop illegal animal cruelty in Bastrop County. We received several offers of assistance from various sources. Although the assistance is not needed at this time, we appreciate deeply the offers and will keep them in mind should we need assistance in the future.

I once again caution anyone who might be tempted, please do not trespass on the property. There are three reasons for these words of caution: First, trespass is illegal; second, should you come across any actual evidence of abuse while trespassing, it cannot be used later in a prosecution because Art. 38.23(a) of the Texas Code of Criminal Procedure makes it inadmissible; and third, entering the property is dangerous because the horses and bulls essentially are wild animals."

According to BCSO, the veterinarian's report reads, "In none of the three enclosures was there evidence of inappropriate feeding, watering, abuse, mistreatment, or restriction of shelter or shade. All animals displayed normal behavior, appeared active, and their hair coat quality (appearance) was that of horses and bulls that are being cared for.”

The case will be sent to the District Attorney's Office for secondary review once the case is finalized, BCSO said.

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