Some District Attorneys Do the Right Thing!!!-This One Did-YAY!!!

Some district attorneys aren’t blind sighted-see right thru the BULLSHIT, do the right thing and properly do their job!!! [Others -NOT SO MUCH!!!] This was not the first time against the NFP (Equine Angels and Vivirito), a state trooper, and a veterinarian already being sued for a RAID (animal seizure with charges dropped):

“fraud, civil rights violations, unreasonable searches and seizures, invasion of privacy, trespassing and racketeering”

Butler district attorney drops animal cruelty charges involving horses

Butler County District Attorney Richard Goldinger has withdrawn animal cruelty charges filed against a Clearfield Township woman stemming from the seizure of malnourished horses from her property in May.

Evans City Judge Wayne Seibel’s office said the 23 charges against Elan Lewis, 57, were withdrawn Tuesday.

A state police animal cruelty investigator reported Lewis’ 10 horses were emaciated and living in poor conditions on property near Route 422 in Clearfield. Equine Angels Rescue in Jefferson took in the malnourished horses after police seized them. Charges were filed in June.

On Wednesday, Goldinger said he withdrew the charges because of witness credibility issues he would not detail and conflicting veterinarian reports from before and after the horses were taken.

“The sum of it all caused me to believe that this is not something we are going to be able to prove beyond a reasonable doubt. That’s my job,” Goldinger said. “I just didn’t feel like our evidence — pictures or no pictures — would be sufficient to sustain the charges.”

Michael Jewart, an attorney representing Lewis in the case, could not be reached for comment Wednesday.

Goldinger’s decision angered Equine Angels founder Pam Vivirito.

“We have no idea what’s going on. There is corruption big time at the courthouse, that’s all we know right now. Somebody is getting paid somewhere,” she said. “These charges were textbook. The district attorney has no backbone.”

In July, Goldinger withdrew citations against two horse owners whose horses had been seized by state police this year and were sheltered by Equine Angels because of alleged neglect. Citations were dropped against Geraldine Geibel of Summit and Brian Arendosh of Fairview.

Geibel, Arendosh, Lewis and two others are now suing Equine Angels and Vivirito; state police Trooper Shawn King; and veterinarian Brian Burks of Fox Equine Center. They claim the defendants committed fraud, civil rights violations, unreasonable searches and seizures, invasion of privacy, trespassing and racketeering.

The lawsuit was moved from ButlerCounty Common Pleas Court to federal court, where it is currently in the early stages, the plaintiffs’ attorney, Al Lindsay, said.

Bill Clifford, an attorney representing Vivirito, said he will file an answer in the case later this month. He said that in each instance, Equine Angels and Vivirito acted in “legal and appropriate ways.”

“Every horse that Equine Angels took possession of in an appropriate fashion were all abused,” he said. “These animals were all in awful physical condition. The conditions in which they were kept in each instance was abysmal.”

Goldinger said the lawsuit had no impact on his decision to withdraw charges against Lewis. He said there was also no connection to the Geibel and Arendosh cases, in which he said charges were withdrawn for different reasons.

“It was strictly done on what do we have for evidence and what can we prove in court. I just came to the conclusion we would not be able to win the case,” he said.

Equine Angels has urged its supporters to express their disapproval to Goldinger.

“The district attorney should be ashamed of himself. We’re going to do everything we can so he is never re-elected,” Vivirito said. “The truth needs to be exposed and the district attorney needs to be exposed for what he did, or what he didn’t do, actually.”

Goldinger said he received 24 or more emails about the matter by Wednesday afternoon. He said they won’t change his decision.

“The fact of the matter is these people don’t know what I need to do to prosecute a case. Pictures alone don’t create a conviction,” he said. “I have a job to do. I’m going to do it the way I think is the right way. They’re entitled to their opinion. I feel these are legally sound decisions I made.”

Lewis’ horses were still in the custody of Equine Angels. With the charges dropped, Goldinger said, in her opinion, the horses should be returned to her.

Through her lawyer, Lewis has said she wants her horses back as well, Clifford said.

Lewis would have to pay Equine Angels for the care and medical treatment it has given the horses before they could be returned, Clifford said. He could not estimate the amount due, but said it would be significant.


The horse owners are NOT responsible for the charges…wasn’t by choice they were moved in the first place-Butler Co was and is!!!-simple as that… So good to read about some honesty in these cases for a change!!!

Disclaimer connected to this blog…Things said are of my opinion and the opinion of others…Stay tuned  Best  -B


~ by topcatsroar on August 12, 2013.

7 Responses to “Some District Attorneys Do the Right Thing!!!-This One Did-YAY!!!”

  1. clap clap clap clap clap! Congratulations Mr. Prosecutor and Thank you for standing your ground and for doing what is the right thing for the right reason! So glad to see someone doing a REAL IMPORTANT JOB, RIGHT!

    • Hoping he has the judge order the horses returned and no fee!!! He should-no conviction or reason to have taken action. -B

  2. Very sad that these animals might be returned. At least this dr. Has been exposed for their neglect . The before and after pictures are startling. It’s hard to even look at them . I don’t usually don’t pay much attention to DA races but will take note when this one comes up in my county. Makes the city of butler look like a good ole boys network going on?

    • When there isn’t enough evidence to sopport prosecution, then he did the right thing and should be supported. His job is to do the right thing not to work in a Good ‘Ole Boys network-I would support this DA. -B

  3. Not sure how this so called awesome DA Goldinger could say there is not enough evidence when he has yet to view one single picture or any evidence. I see the rescue, vet, and trooper winning this one.

    • Already lost…The DA dropped the case-maybe you should read the new post-Is it worth it?!?
      Maybe you’re on the wrong blog…I’ve not viewed a single picture or involved-nor do I feel property comes before human life…
      GLAD the DA did the right thing and dropped the case!!! -B

  4. Pretty! This has been an extremely wonderful post.
    Thank you for providing this information.

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s

%d bloggers like this: