Last modified: Wednesday, December 17, 2008 12:32 PM PST

Area couple detained in cruelty case

PAYETTE — A Fruitland-area couple was arraigned and later arrested Tuesday at Payette County Courthouse for animal cruelty charges stemming from a search warrant in November that led to the seizure of a number of animals.

Crystal Whitehead, 26, and Casey Armstrong, 23, were arrested and lodged in Payette County Jail Tuesday following an arraignment. Whitehead’s bond was set at $5,000, and Armstrong is being held on a $10,000 bond. They each face 12 counts of animal cruelty following charges by the Payette County Prosecuting Office filed Friday. The case pertains to the Nov. 21 seizure by Payette County Sheriff’s Office deputies  of 11 horses, 18 dogs and three cats from the couple’s property at 6525 U.S. Highway 95, Fruitland.

According to a statement released Tuesday by the Payette County Prosecutors Office, the complaint indicates the pair “failed to provide sustenance to the animals, confined animals in an inadequate facility and confined animals in unsanitary conditions.” 

An animal cruelty charge, a misdemeanor, carries a penalty of up to six months in jail and a fine from $100 to $5,000, Payette County Prosecuting Attorney Brian Lee said. Since both Whitehead and Armstrong each face 12 charges of animal cruelty, each charge carries that potential penalty, Lee said.

Initially, Whitehead was the only one facing potential charges, but Armstrong was later included.

“Reviewing the police report indicated he had liability in the matter as well,” Lee said.

Whitehead’s child was also taken into custody in November, but Lee said that matter is sealed, and he could not reveal what happened to the child. Initially, Whitehead faced charges of child endangerment along with a series of others.

“There aren’t additional criminal charges at this time except for the animal cruelty charges,” Lee said Tuesday.

Whitehead and Armstrong were arrested Tuesday morning following an arraignment in which they were notified of the charges. Lee said they were already at the courthouse for a civil hearing regarding the forfeiture of the animals. After that, they were arraigned on the arrest warrants and then arrested.

Lee said, typically people are arrested on warrants prior to their arraignments, but because of the circumstances the usual order was reversed.

“There was a deputy present and all that,” Lee said. “It was just kind of an unusual circumstance because of the way it was presented.”

The civil forfeiture hearing was to determine whether the county would assume ownership and take permanent possession of the animals to dispose of them in whatever means were appropriate or whether Whitehead and Armstrong would retain ownership but pay the county a certain amount to care for the animals until the matters have been resolved, Lee said. He said the judge set a bond amount of more than $2,000 per month for the care of the animals. If Whitehead and Armstrong forfeit the bond, then the county assumes possession of the animals.

“There were many animals seized, so the cost of their care is quite high,” Lee said.

Lee said the bond amount was broken into two pieces, one pertaining to the care of the horses and the remainder to care for the balance of the animals. Payette County Sheriff Chad Huff said an Emmett resident is caring for the horses, and the cats and dogs are being cared for by the Idaho Humane Society.

The animals were initially seized in late November following a month long investigation prompted by an anonymous complaint about the horses. During that time, state officials tried to work with the owners’ animals to improve the living conditions and health of the animals.

Lee said, for misdemeanor cases, the judge sets a pretrial conference date, which is a precursor to a jury trial. He said, the prosecutor’s office does not have the paperwork on those dates yet.