Pair deny responsibility for colt’s careTwo South Range residents contend they are not to blame for the death of a colt after it was boarded at their farm.
By: Maria Lockwood, The Daily Telegram
Two South Range residents contend they are not to blame for the death of a colt after it was boarded at their farm.
Lawyers for Pam and Shane Javenkoski have requested hearings to seek dismissal of misdemeanor charges. They will argue there was no written contract to board nine-month-old “Windchill,” who died Feb. 29.
Pam Javenkoski, 48, faces one count of failure to provide proper food and water and one count of providing improper shelter in connection with the death. Shane Javenkoski, 33, faces one count of failure to provide proper food and water to the colt.
At least a dozen women wearing purple ribbons in memory of Windchill sat in the courtroom. His case sparked numerous media reports, spun off a Web site and raised awareness of horse care issues in Douglas County.
On Feb. 9, the colt was found malnourished and covered in ice and snow at the Javenkoskis’ farm, according to the criminal complaint. That day, wind chills hovered between minus 40 and minus 55 degrees. Those conditions prompted the news media to dub the colt “Windchill.”
That same day, the colt’s owner, Theresa Farmer, 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.
In September, Pam Javenkoski agreed to care for two other geldings owned by Farmer — Rascal and Spook — at her South Range farm in exchange for a stud colt named Saturn. Windchill is not mentioned in that contract, which was signed by Pam Javenkoski and Farmer. The criminal complaint, however, says Pam Javenkoski had a verbal agreement to care for the colt.
Even if the contract covered Windchill, Pam Javenkoski met her responsibilities, her attorney said in a March 20 motion. The contract states that “care will consist of pasture, hay, and water,” and emphasizes that Javenkoski has no responsibility for “any barn care.” That negates the improper shelter charge, attorney Jamy Johansen said in the written motion. Farmer was encouraged to visit her horses, according to the contract, and she had the responsibility to cover any medical expenses or provide medicines the horses needed.
No motion so far has been filed on behalf of Shane Javenkoski. Public defender Patrick O’Neill on Monday requested a motion hearing to argue about dismissal, discovery and a change of venue, according to court records.
A motion hearing for Pam Javenkoski was set for April 21. Shane Javenkoski’s motion hearing was set for April 30.