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Wisconsin judge allows 'Windchill' neglect case to proceed

Even though the 9-month-old colt "Windchill" wasn't mentioned in a boarding contract, the omission isn't enough cause to drop charges against the owners of the South Range farm where the colt was found suffering from the extreme cold, Douglas Cou...

Even though the 9-month-old colt "Windchill" wasn't mentioned in a boarding contract, the omission isn't enough cause to drop charges against the owners of the South Range farm where the colt was found suffering from the extreme cold, Douglas County Circuit Court Judge Michael Lucci found Monday.

Lucci denied a motion to dismiss one count of failure to provide food and drink to confined animals and one count of providing improper animal shelter against Pamela Kaye Javenkoski, 48. The charges stem from the care Windchill received while being kept on the farm of Pam and Shane Javenkoski. Windchill died Feb. 29.

Defense lawyer Jamey Johansen argued that the colt was not Javenkoski's responsibility and, even if he was, the care she gave him met the terms of her contract with the colt's owner, Theresa Farmer.

"At all times pertinent to this case, all horses on my property have been provided hay and water," Javenkoski wrote in an affidavit. The boarding contract specifically stated that barn care would not be provided for Farmer's horses. Ultimately, Javenkoski wrote, Farmer was responsible for the care of her horses.

Assistant District Attorney Rebecca Lovejoy argued that the colt was in the care of Pam and Shane Javenkoski for months prior to his death.

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Pam Javenkoski signed a contract in September to board two horses for Farmer in exchange for a stud colt. But one of the horses was sold, according to Douglas County Sheriff's Department reports. Apparently by verbal agreement, the contract covered the colt instead.

On Feb. 9, the colt was found malnourished and covered in ice and snow at the Javenkoski farm, according to the criminal complaint. That day, wind chills hovered between 40 below and 55 below zero.

That same day, the colt's owner asked Kathi Davis and Jeff Tucker of nearby Rain Dance Farms to take the colt, which could not stand and was near death. After being moved to Rain Dance, Windchill was making strides toward recovery -- standing, eating and drinking. Later, he died.

Lucci found the criminal complaint was sufficient to back the charges. He set a second motion hearing for the case on April 30 to hear a motion to consolidate the cases against the Javenkoskis. Shane Javenkoski, 33, faces one count of failure to provide proper food and drink to confined animals. His next court appearance is also scheduled for April 30.

Related Topics: CRIMESUPERIOR
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