HANCOCK COUNTY — Despite the death of some three dozen farm animals and what officials called the neglect of over 100 others, animal cruelty charges against two Wilkinson residents were dismissed or diverted against the people originally charged in Hancock County Superior Court 2.
Tina L. Gibson, 60, 10000 block of E. Ind. 234, Wilkinson, had been charged with six different Class A misdemeanor counts of cruelty to an animal while Trinton D. Horton-Gibson, 19, 10000 block of E. Ind. 234, Wilkinson, was facing five different Class A misdemeanor counts of cruelty to an animal.
The two were originally charged in February, 2023 after officials said they were tasked to care for more than 100 animals on a county farm but neglected nearly all of them, causing more than three dozen to die.
All charges against Gibson were supposed to be determined Monday during a bench trial with Judge Dan Marshall, who determined after a motion to dismiss the charges filed, did so without prejudice.
Horton-Gibson’s case was also set for a bench trial Monday, but court records note that the charges against him were settled via a diversion, which allows a defendant to avoid a conviction and sentence by completing certain requirements, such as treatment, classes or community service.
Prosecutor Brent Eaton noted that, to the surprise of the state, the people who were supposed to testify for the state didn’t show up for the bench trial, leaving his office with no choice but to settle the case on the spot due to time restraints.
“This wasn’t the outcome we had worked for,” Eaton said.
Eaton said the defense had a witness who was going to testify the animals were not neglected, and the state didn’t have their witness to counter those claims.
“Our side of the story was going to be told by animal experts, and we sent subpoenas to those we needed to testify, but they did not show up,” Eaton said. “Without their testimony, it would have been hard to prove the charges.”
Despite the prosecutor’s disappointment, Eaton said at least Horton-Gibson will have to take classes specific to the animal neglect issues surrounding this case, and Eaton noted that Horton-Gibson said he has no plans to attempt to care for animals now or in the future.
“In his case, he didn’t have any prior criminal history,” Eaton said. “It’s not particularly unusual in these types of cases if the defendant is willing to take on some responsibility for their actions and take a class, which has been ordered. It’s not uncommon for someone to receive a diversion.”
During the investigation, officials say nearly 100 animals were surrendered to Greenfield Hancock Animal Management as well as rescue organizations Oinking Acres Farm and A Critter’s Chance. At the time of the surrender, officials with Oinking Acres Farm Rescue and Sanctuary out of Brownsburg told the Daily Reporter they saved dozens of abused goats, cattle, mules, chickens and more.
Those with the rescue groups said they witnessed dozens of animals dead, injured or starved on the county farm.
According to a probable cause affidavit, officials with the Shirley Police Department interviewed the two defendants on their property where the abuse occurred in January 2023 as part of a follow-up investigation into the treatment, health, living conditions and well-being of the approximate 110 to 115 animals.
The affidavit stated that Gibson said she was in charge of the chickens, hens, roosters, geese and cats. In addition to the dead, dying and sick animals seized, county officials stated in a supplemental narrative there were 31 hens who were underweight and had frostbite.
Officials noted in the affidavit that the buildings where animals were staying were mostly in disrepair and falling down, creating a safety hazard for any animal or human who entered them. An officer stated he viewed feces throughout the entire property, along with mold-ridden hay and many safety hazards which made the property unsuitable for raising animals.
