Officials found the seizure of 40 malnourished horses from a Myers Flat farm last week to be a legal issue during an administrative hearing Tuesday.

That decision could make the horses’ owner, 68-year-old Elsie Smith, liable for the costs associated with the animals’ seizure and care.

The Humboldt County Sheriff’s Office also forwarded a report to the Humboldt County District Attorney’s Office, where it asks for a complaint against Smith for animal cruelty, failing to provide proper care/shelter and obstructing a peace officer.

“(The District Attorney’s Office is) going to evaluate what we presented to them,” said Humboldt County Sheriff’s Office Public Information Officer Brenda Godsey. “They’ll make a determination if any charges will be filed.”

Smith signed over 30 of the horses on Tuesday, but it may take a court to decide whether she will retain ownership of the remaining 10, said HCSO Lt. Steve Knight.
“She’s still asserting her right to those horses,” he said.

Before the county releases care for the horses back to Smith, a judge must sign off that they will not be needed for evidence.

Smith can also be liable for costs related to the seizure and care of the horses, which combined to form the focus of Tuesday’s hearing.

According to California Penal Code 597.1, when a seizure is found to be legal, the owner or keeper is liable for all costs associated with the seizure and care of the animals in question.

These fees must be paid, and the health of the animals ensured, before the animals are returned to an owner or keeper, according to the code.

Smith’s attorney, Neal Sanders, was contacted but didn’t respond before The Eureka Reporter’s deadline.

In the meantime, community support and financial assistance from organizations like the Heart of the Redwoods Horse Rescue are helping to take care of the horses.

The horses are being kept at three places: the Humboldt County Fairgrounds in Ferndale, the Fortuna Rodeo Grounds and the sheriff’s farm in Rohnerville.

Horse Rescue Co-founder Sara Isaacson said grants are being sought out from organizations like the Humboldt Area Foundation and Humane Society to pay the horses’ medical costs.

So far, the rescue has received at least $2,000 in cash and more than $5,000 in in-kind donations, such as seed and materials, Isaacson said.

More funds will be needed for maintaining the health of the horses, as well as material like corral panels, she said.

Cash donations can be made to the Rescue’s Emergency Fund at local feed stores, Coast Central Credit Union and the North Coast Veterinary Hospital.

In-kind donations can be brought to the Humboldt County Fairgrounds between 4 p.m. and 6 p.m.

“We couldn’t do this,” Isaacson said, “without all this in-kind from the community.”