By RYNE R. MARTIN
CANTON - A Lisbon woman charged with violating her probationary sentence by continuing to fail to adequately care for her horses is planning to put her farm on the market.
Carol A. Elmer, 67, 269 Cold Spring Road, Lisbon, was in St. Lawrence County Court on Friday, and St. Lawrence County Assistant District Attorney A. Michael Gebo and defense attorney Richard V. Manning said an agreement had been reached to settle her probation violation.
Elmer was sentenced to three years of probation in June 2013 after she pleaded guilty to two counts of torturing or injuring animals/failure to provide sustenance.
She was charged on Dec. 30, 2008 for failure to provide proper sustenance to 22 horses.
A probation violation filed in November 2013 alleged Elmer failed to keep up on her restitution payments, did not provide secure separation between her stallions and mares, did not have her stallions castrated, did not provide probation with evidence that adequate medical treatment was being given to her horses and did not have appropriate fencing for her horses. Probation also reported that there was debris scattered on her property that could have caused injury to Elmer’s horses.
Another probation violation was filed on April 4.
Mr. Gebo said the agreement to settle the latest probation violation calls for Elmer to admit her horses had been outside their pens and in the roadway on two separate occasions.
He said under the terms of the agreement to settle the probation violation Elmer has agreed to place her farm on the market for sale at fair market value and will no longer be allowed to board or have farm animals - ranging from horses to sheep - on her property.
Mr. Manning had stressed the sale of the farm stipulation needed to include language that the transaction, if a sale occurred, should be at fair market value.
“It is not the interest of the People that she sell the farm for a loss,” Mr. Gebo said.
The case has been adjourned until Aug. 19 to give prosecutors time to get affidavits from people that now have Elmer’s horses. Mr. Gebo said that step was being taken to insure the horses had been sold rather than simply being boarded by other people while Elmer’s court case was pending and that she was no longer the rightful owner of the animals.
St. Lawrence County Court Judge Jerome J. Richards said the affidavits needed to be specific for identification purposes and should include age, gender and markings for the horses.
He said when Elmer admits her probation violation in August he plans to extend her probationary term by just over four months to reflect the period of time the latest probation violation was pending. He said she would remain under probation supervision until April 7, 2017.
Mr. Manning questioned whether the court would be willing to consider eliminating that extension of his client’s probation. “What, if anything, would change the court’s position?” he asked.
Mr. Richards said he wasn’t likely to change course. “The problem is one of the court’s control. My opinion is Ms. Elmer shouldn’t have farm animals of any kind ever again. But I can’t control that (once she is off probation). That is the problem for me. Probably nothing will change my mind,” he told the defense attorney.