She's believes there was a reason she found Able.
And the Missoula woman now knows why she left her pistol at home that hot August afternoon when she and her trail riding partner, Q DeHart of Stevensville, rode their horses up Big Creek on the Bitterroot National Forest.
“If I'd had a gun that day, I think I would have shot him,” Merrill said. “He was suffering and we couldn't get him up. I didn't think he'd survive. Š I was afraid he was going to die a slow, miserable death.”
After struggling to get the horse back on its feet, the two women decided they needed to get help.
“It was really hard leaving a horse in that condition,” she said. “He could barely get his head off the ground as we rode away. He was looking toward us; his nose quivering in a soft nicker. It was a heartbreaking sight.”
When she and her neighbor, Mike Svoboda, finally got the horse out to the trailhead the next day, they named him Able because he was able to make the trip.
Able and three other horses confiscated at a temporary corral from a pair of Georgia men are now recovering at the Bitter Root Humane Association in Hamilton.
Curtis, 37, and Craig Hayden, 69, of Woodstock. Ga., have pleaded not guilty to charges of misdemeanor cruelty to animals. A pretrial hearing is set for Oct. 9. If the men decide to take the matter to trial, county officials say that likely won't occur until after the first of the year.
In the meantime, the Ravalli County Sheriff's Department will retain control of the animals. The men's attorney, Matthew Stevenson of Missoula, did not return a phone call.
Last week, Able joined the other three horses at the Bitter Root Humane Association facility in Hamilton after spending several weeks under the care of Corvallis area veterinarian Shawn Gleason.
Able shares a pen with the men's other pack animal, which locals have named Diamond. Of the four animals, the pack animals suffered the most severe injuries during the men's two-month-long pack trip through the Selway-Bitterroot Wilderness.
Vicky Dawson, manager of Bitter Root Humane Association, said that while the horses are progressing, both Able and Diamond still face some long-term health challenges.
There are issues with Able's hooves that will take time to cure. And Diamond has corneal ulcers that aren't healing.
“We're both concerned and discouraged that his eyes aren't getting better,” Dawson said. “We're not done fighting for these horses yet. Š The horse community has been very supportive of these animals.”
The 2.64-acre facility doesn't have a lot of room to care for horses. Funding is always an issue. Dawson said people from as far away as Washington state have stepped forward to help pay for hay.
The case outraged people who know horses.
“I've never considered myself a horse person, but people who are told us they were just appalled when they looked at these horses,” Dawson said. “I talked with grown men who were in tears Š they said it was so uncalled for. They said common sense should have prevailed.”
Merrill is hoping the case will galvanize people who care about horses and other animals. She hopes they will step forward to help people who struggle to afford feed for their animals.
She also wants to see more severe penalties for cases of obvious animal abuse. Under current state law, felony animal abuse charges can only be applied to cases that involve more than 10 animals, or where a prosecutor can prove intentional torture.
“Everybody complains about animal abuse, but nobody is working to try and change the laws,” Merrill said. “It's time for people who are passionate about this issue to step up and work to make a difference.”
Looking over Able and Diamond last week in Hamilton - their injuries still so apparent almost a month after being confiscated - Merrill couldn't contain her dismay.
“This case went beyond simple neglect,” Merrill said. “This was abuse. This was overwork. This was so sad.”
Kathy Luedtke of Stevensville has volunteered to help Merrill in her quest to bring people together to work toward both changing the law and creating a network to help animals in need.
As hay prices climb and people struggle to find the money to feed themselves, Luedtke said there are already rumors about horses being abandoned in the backcountry to fend for themselves.
“We're not talking about creating a vigilante group of people who will patrol the backroads looking for people abusing their animals,” she said. “Instead, we're thinking of something more like a hotline where people facing a hardship can have a place to go for help.”
Most immediate is the need for construction of a shelter for the horses currently housed at the Bitter Root Humane Association, Luedtke said.
“That needs to happen as soon as possible,” she said. “We need some building supplies and people to help construct a shelter before the weather turns.”
Anyone interested in helping out with either project can contact Luedtke at kathyluedtke@q.com. In meantime, Merrill makes it a point to stop in and see Able and the other horses at least once a week.
“Something good should come of this,” she said. “Whether it's a change in the law or putting together a group of people who can help others struggling to care for their horses, something good should come from this.”
She reached over and handed Able a carrot.
“You look so good,” she said. “Yes, you do. Don't you worry. We're going to take care of you. We are here for you now.”
Perry Backus can be reached at 363-3300 or editor@ravallirepublic.com.
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Nancy Palagruti wrote on Sep 16, 2008 1:41 PM:
" The laws are completely outdated and the intent is clear. These men used these horses to death and were leaving them as such. Horses are companion animals and work animals the same a some dogs. If this had happened to dogs, would it be handled any differently? Jail is too good a place for those offenders. "
Jodie W wrote on Sep 16, 2008 2:55 PM:
" If there ever was a girl to stand up for animal rights,its Dawn.She's a natural horsewoman and she knows what she's talking about when it concerns any animal. She's the one who will get this done because of her heart! Lets all get behind her and push for stricker laws,more severe penalties,and help for those who are in need! GOOD JOB MOMMIE DAWN! "
Raven wrote on Sep 23, 2008 8:40 AM:
" Thank goodness that these horses were found by these women! Reiki sent to these beautiful horses. Please do a follow up story, I would like to know how these horses recover and also the outcome of the charges against those cruel men.
WI. USA. Planet Earth "
WI. USA. Planet Earth "
DArcy Demianoff-Thompson wrote on Sep 23, 2008 5:16 PM:
" Someone has asked to try and identify the brand that is on one of the horses. If you would shave the area and take a picture of it we could see the brand more clearly. You could also send it into the Palomino Registry and QH Registry and see if it is a registered brand with them.
Best of luck. Thank goodness for the loving care they are now receiving! God Bless! "
Best of luck. Thank goodness for the loving care they are now receiving! God Bless! "
Dorinda wrote on Sep 16, 2008 9:27 AM: