ESCANABA - A Rapid River man, found guilty last fall of animal cruelty involving horses, was back in Delta County Circuit Court regarding his probation Tuesday.
In August, a jury had found Arnold Proehl, 61, guilty of cruelty to animals from July 31, 2008, to Jan. 9, 2009. A co-defendant who owned the land where the horses were penned - Marvin Harris, 75, Chicago - was found not guilty of animal cruelty.
Proehl was sentenced in September to 45 days in jail. He was also ordered to pay $13,911 in fines and costs in connection with the abused horses seized from his care prior to his arrest in January 2009.
The court also prohibited Proehl from owning horses, being around horses, or living anywhere there are horses. He was given until Feb. 15 to sell the horses he still owned.
Proehl was back in court Tuesday because of a motion filed regarding his ownership of horses and issues concerning logistics and costs of auctioning his horses after the deadline.
Proehl told the court he sold his 14 horses to his mother, Georgena Proehl, Rapid River, for $1,000, but no money was ever exchanged. The notarized bill of sale he presented the court was signed by him on May 1, 2008, and was signed by his mother last week on Feb. 3.
According to his sentencing last fall, Proehl's horses were to be sold in the presence of a court representative. This never occurred in the deal between Proehl and his mother.
Following Tuesday's testimony from Proehl, his mother, his brother, and one of the current caretakers of the horses, a decision was reached by Judge Stephen Davis.
Davis said the evidence and testimony made it clear there was a violation of the probation conditions. Though Proehl claims he sold the horses to his mother on Feb. 3, the sale was not valid, ruled Davis, calling the transaction a "sham sale."
Proehl has until Monday to sell his horses. After that, the animals will be turned over to the custody of the Delta County Animal Shelter to be given away for adoption. An auction will not be held because of costs involved and because the horses have a low market value, the court decided.
Sixteen horses were confiscated from Harris' property in Rapid River in January 2009. They were brought to Flagship Farm in Bark River where they recuperated for eight months. A colt was also born.
The 17 horses were then trailered to downstate Dansville to a farm owned by the International League for the Protection of Horses of Michigan. To date, nine of the horses have been adopted. One died.
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Jenny Lancour, (906) 786-2021, ext. 143, jlancour@dailypress.net
