Horse Breeder Indicted
Cabarrus felony case thought to be first in N.C.

BY MATTHEW WINTER
SALISBURY POST

CONCORD – A Cabarrus County grand jury on Monday handed down 31 felony indictments against Mount Pleasant horse breeder Carole Lewis for allegedly mistreating her herd of horses near Kannapolis.

Monday’s indictments could be the first time in state history that a defendant has faced felony charges of cruelty to animals, according to Barrett Poppler, the assistant district attorney prosecuting the case, and Larry Hewitt, Lewis’ defense attorney.

A new state statute providing for felony charges of animal cruelty – until now strictly a misdemeanor offense – took effect in January. Poppler and Hewitt said they have not heard of any other felony animal cruelty charges in the state.

‘‘It’s Ms. Lewis’ intention to plead not guilty and go to trial on these matters,’’ Hewitt said.

The felony status of the charges means Lewis could face three to 15 months in prison for each conviction, depending on her criminal record.

A Cabarrus County District Court judge convicted Lewis of misdemeanor cruelty to animals in 1996, fined her $100 and prohibited her from keeping more than 40 horses.

Lewis, 46, appealed that verdict and in October 1997 entered a no contest plea in Superior Court, Hewitt said. The judge accepted her plea, entered a guilty verdict and accepted the state’s recommendation for a ‘‘prayer for judgment continued,’’ Hewitt, Lewis’ attorney, said.

‘‘Technically, there is no conviction’’ and Lewis’ appeal in Superior Court wiped out the District Court’s sentence, Hewitt said.

Poppler would not comment on how Lewis’ original conviction in District Court could affect sentencing if she is convicted of her current felony charges.

Lewis ran into more allegations of cruelty to her horses early this year after members of the Horse Protection Society of North Carolina began investigating her treatment of more than 30 horses kept on leased pastures off Orphanage Road.

Society members and county animal control officers say they found a herd of more than 30 malnourished horses in the field in January. A veterinarian had to euthanize one horse discovered on the property, and the group found at least one horse skeleton.

Cabarrus County deputies arrested Lewis in January and charged her with two counts of misdemeanor cruelty to animals. The deputies on Friday arrested Lewis again and charged her with 30 counts of felony cruelty to animals. She was released under a $1,000 personal recognizance bond.

It is unclear how the grand jury arrived at 31 instead of 30 indictments.

‘‘My understanding is one count for each horse, where it applies,’’ Poppler said.

Jennifer Heggen, a Horse Protection Society member who lives in China Grove, helped research the law allowing felony animal cruelty charges and reported her findings to the district attorney’s office.

‘‘Thank God,’’ she said this morning when told of the indictments. ‘‘I think we’re getting somewhere. I think we’re heading in the right direction now. This is not a slap on the wrist any more. People are starting to feel the way we feel.’’

Heggen was as enthusiastic when learning that Lewis intended to fight the charges in court.

‘‘We’re going to win – we’ve got the horses to prove what she’s done,’’ she said. ‘‘She’s going to lose. If she wins, there’s a problem with the justice system.’’

Heggen and other Horse Protection Society members are caring for the horses, which remain at the Orphanage Road tract just south of Kannapolis.

Lewis made her first appearance in District Court Monday. A judge scheduled a probable cause hearing for March 16. That hearing was rendered moot, however, after the 18-member grand jury passed the 31 bills of indictment against Lewis, according to Poppler.

Misdemeanor charges are generally handled in District Court, he said. Monday’s felony indictments bind Lewis’ case over to Superior Court.

A grand jury does not determine whether a defendant is guilty or innocent, which is the responsibility of a trial jury. The grand jury determines if the charges are based on a ‘‘reasonable suspicion’’ that a defendant committed the crime, according to a state grand jury handbook.