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Defendant in horse neglect case scolded by Judge, also refuses to have an attorney

A pre-trial hearing was held yesterday in Yamhill County for a woman charged with 55 counts of felony animal neglect and one count of fraudulent use of a credit card, following the seizure of 48 horses and 7 cats from her horse stable just outside Carlton, Oregon.

The hearing often became tense with Swango having several outbursts, mostly while claiming all the charges against her where a “farce” and that the county has stolen her horses illegally. She also was granted her wish of self-representation by Judge Cynthia Easterday after having been warned of the many risks. Swango appeared to focus on wild claims that many attorneys have conspired to steal money from her over the years and engage in systemic fraud.

Judge Cynthia Easterday in her courtroom pictured during an unrelated 2019 case.

Susan Swango was charged earlier this year after a several months long investigation by the Yamhill County Sheriff’s Office. The investigation was spurred by numerous citizen complaints spanning many years, and more recent complaints by a citizen whistleblower who started posting photos of the condition of horses at Swango’s business.

Swango had previously failed to appear on several previous pretrial hearings in which she was required to attend. Judge Easterday pointed out to Swango that despite her failure to appear she chose not to issue an arrest warrant, apparently with the hope that she would appear as she did yesterday.

At one point, Judge Easterday had to loudly tell Swango to quiet down after having repeatedly warned her about interruptions, using improper language, and directing statements directly to the prosecutors. She also repeatedly reminded Swango that the pre-trial hearing was not a trial.

At one point Swango’s tone of voice and continued interruptions of the Judge prompted a deputy in the courtroom to position himself towards the front of the courtroom near Swango.

Despite her desire to represent herself, Swango had implied that two friends were helping her file paperwork in the case instead, but the Judge also cautioned Swango in having individuals not licensed to practice law in Oregon acting on her behalf. She additionally claimed that a phone call that came through during the hearing had to be from some California attorneys that “were the best in the country” and were supposed to be there.

NW Horse Report obtained an exclusive statement immediately after the hearing from Swango and attempted to get clarification on whether she was going to continue to self-represent herself and who the California attorney’s were that she mentioned in court.

Swango seemed to further imply that the Yamhill County Sheriff was violating the law with the action taken against her. “…the Sheriff is involved in it, they are violating all the laws.” said Swango. “They have no jurisdiction over me at all, they arrested me, took my horses and everything, and we are in the process of getting ready to file damages for all they did.”

When asked about the fraudulent use of a credit card, Swango had this to say, “I used it because they gave it to me, it was a friend I thought…”.

Swango told NW Horse Report that the condition of the horses was the fault of the county and state due to them shutting off her water. She implied there was a conspiracy to steal her horses for profit. During the hearing Swango had also demanded to have access to her horses and wanted to know where they were at, which were mostly ignored by the Judge.

According to State Prosecutor Jacob Kamins, a previous forfeiture motion was granted by the court which transferred the ownership of the horses to Sound Equine Options, a Oregon 501(c)(3) horse rescue based in Gresham, Oregon. The 7 cats also seized went to the Oregon Humane Society.

When asked about the pictures taken of the horses poor condition as far back as September 2020 that seemed to get the attention of law enforcement, Swango and the two women accompanying her claimed that those photos were taken by someone who was “trespassing”. The two women eventually proceeded to tell Swango to stop answering our questions.

Swango alleged to the court that she was missing a critical time to have her mares and stallions breeding, and she would be loosing out of hundreds of thousands of dollars.

A trial date for the charges of fraudulent use of a credit card were set for September, while the trial for the 55 counts of felony animal neglect were set to begin January 25th.

US House passes Bill that bans transport of equines for slaughter to Canada and Mexico

A handful of US Representatives had introduced an amendment to HR 3684, the Investing in a New Vision for the Environment and Surface Transportation in America (“INVEST”) Act, that would essentially end the practice of slaughter of equines by banning the export for slaughter. The amendment passed the US House late last night by a voice vote in a bloc of amendments.

The proposed amendment was supported by hundreds of businesses and organizations. It would prevent what the Animal Wellness Action (AWA) organization calls a “cruel and predatory trade” that claims the lives of tens of thousands of horses and burros every year at foreign abattoirs.

Led by Chairman and Oregon Democrat Peter DeFazio, the House Committee on Transportation and Infrastructure has been considering more than 100 amendments, including the one to ban export of lives horses for slaughter to other countries, namely Canada and Mexico.

The amendment was led by Rep. Troy Carter, the Democrat elected in a special election to replace Cedric Richmond when he vacated Louisiana’s Second Congressional District to work in the White House. Rep. Carter was joined by two veterans of the anti-slaughter fight– Reps. Brian Fitzpatrick, R-PA, and John Katko, R-NY. While US-based horse slaughtering activities are essentially outlawed across the country, this amendment would halt the export thousands of horses shipped to other countries for slaughter. Halting this trade has long been a top target of Animal Wellness Action (AWA), the Animal Wellness Foundation (AWF), and many other groups.

“Our iconic American equines drove commerce and the development of infrastructure in the first 150 years of the republic, and it’s fitting that the INVEST Act pay a debt to them by halting their ruthless exploitation from kill-buyers who cart them off to Canada and Mexico for butchering.” said Marty Irby, executive director at Animal Wellness Action. Irby was recently honored by Her Majesty, Queen Elizabeth II, for his work to protect horses. “We applaud the Members of Congress who are leading this measure and will continue to bring new and creative solutions to ending the most egregious abuses in the equine world.” said Irby

Currently the slaughter of equine is barred on US soil through a “de facto” ban achieved through the appropriations process. More than 70,000 horses are shipped to Mexico and Canada each year to be slaughtered for human consumption across the globe.

Oregon Senate President Peter Courtney introduces Bill to ban Horse Racing

On June 2nd, Oregon State Senator Peter Courtney (D), introduced a Senate Bill 871 which would eliminate horse racing altogether across the State. Sen. Courtney is a democrat who has represented District 11 since 1999 and serves as the Senate President. He previously served in the Oregon House of Representatives in the 80’s.

The bills summary stated, “Prohibits person from holding, or entering equine in, exhibition of equine racing in this state. Provides that violation is subject to maximum of 364 days’ imprisonment, $6,250 fine, or both.”

Josephine County Commissioners have been quick to react considering that Grants Pass Downs, the only formal live horse racing still operating since the closure of Portland Meadows, is located in their county. Their response involved sending a formal letter to the Oregon Senate Rules Committee.

Josephine County had also just recently signed a 50-year lease with TMB Racing, LLC, the company behind Grants Pass Downs. TMB’s CEO and founder is the well known co-founder of Dutch Bros Coffee, Travis Boersma. Dutch Bros was founded in 1992 by Travis and his brother Dane who died in 2009 from Lou Gehrig’s disease. Dutch Bros famously holds an annual “Drink one for Dane” fundraiser for the Muscular Dystrophy Association.

“I just think that’s totally out of line that they’re even contemplating banning horse racing in the state of Oregon,” said Herman Baertschiger, Josephine County Commissioner. “I think it’s a great thing to do, showing our support for that industry.”

Baertschiger, a Republican, is a former colleague of Sen. Courtney, having served as the Oregon State Senator for District 2 that includes the city of Grants Pass. His final term ended in January of this year after he choose not to run for reelection and now serves the county government.

Commissioner Darin Fowler mentioned the various impacts it would have throughout the county. “With the number of employees it creates and the economy it creates around that, and the permanency of having horses live here all year round. I fully support it (horse racing) and if Herman thinks this is the best tactic, then I’m on board,” Fowler said.

Chair Dan DeYoung, Josephine County Board of Commissioners

Chairman of the Commissioners, Dan DeYoung, read the letter to the other commissioners during a June 9th meeting, with all three commissioners in agreement to move forward in sending the letter. DeYoung spoke with NW Horse Report and expressed his disappointment with Senator Courtney, the Bills only current sponsor.

“I’m disappointed considering how many hoops TMB Racing (Grants Pass Downs) has had to go through following the closure of Portland Meadows.” said DeYoung. “The reality is this thing can happen to anything, and this legislative session is one for the record books.” DeYoung went on to further express the goodwill of TMB Racing in support the county, and what it does for many of the hospitality businesses like restaurants and hotels already hurting from the COVID-19 pandemic and Governor’s lockdown orders.

A representative for Sen. Courtney downplayed the bill to NW Horse Report when reached for comment by indicating it was in “dead committee”. When asked why Sen. Courtney introduced the bill in the first place, he indicated, “No comment”.

Randy Evers, President for Grants Pass Downs, spoke with NW Horse Report to give his reaction, “We appreciate the Senator for the work he has done for Oregon over the years, but we are indeed concerned about his recent introduction of SB871.” Evers further expressed how much the industry standards and safety have improved over the years, as well as how good the sport is for both people and the horses alike.

Evers explained that the horses are carefully screened by veterinarians and are focused on ensuring they are in good health, otherwise a horse will get “scratched” for a race, meaning it won’t complete. “It’s great for the thoroughbreds, instead of sulking out in the far end of some pasture many days, they get excited for the races. It can be helpful to their mental health.” said Evers. “They love to run, they love to compete.”

While Evers expressed that they didn’t believe anything would happen with the bill this legislative session, he said that there was still an underlying concern on why Sen. Courtney had introduced the bill and they were working on finding more information. “We’re optimistic that once we find out what those concerns are that we can sit down with him (Senator Courtney) and his staff and alleviate those concerns.” Evers said.

Evers further went on to praise the efforts of their CEO, Travis Boersma, and their continued vision for supporting their local community. Along other things, this included improvements to various facilities, the new astroturf soccer fields to support youth athletics in the area, likely to the tune of millions of dollars, was highlighted

Olympic equestrian from Oregon City arrested on sex abuse charges

A very prominent equestrian and former US Olympian from Oregon has been arrested on charges of sex abuse over allegations of having sex with his former equestrian student. Richard Fellers, 61, was arrested on Monday morning by Tualatin Police detectives. Fellers is charged with four counts of second-degree sexual abuse.

“Mr. Fellers is an American equestrian who competed in the 2012 U.S. Summer Olympics and is a prominently known competitor/trainer in the equestrian industry,” Tualatin Police said. Fellers is from Oregon City, Oregon. Agents from the FBI appear to have also assisted with the investigation.

NW Horse Report previously ran a previous story in February about the suspension of Fellers and his wife by the US Center for Safe Sport. That investigation appears to have triggered a several months-long investigation involving witnesses from multiple states.

Police had interviewed witnesses from multiple states and determined sufficient evidence existed in order to arrest Fellers for allegedly having a sexual relationship with the the female equestrian student. The minor student of Fellers relocated to Florida in late 2020 after the alleged abuse took place.

The minor student, Maggie Kehring, now 18, provided a statement to NW Horse Report through her attorney Russ Prince in February.

Upon learning of the Grand Jury’s decision this morning, Kehring said, “Though there are things that happened to me that I can never get back, I am relieved and grateful to see that my truth, The Truth, was heard, understood and believed. The power in me has been restored by protecting others and ensuring that no one else will be scarred by this same experience. I am so thankful for the work the Tualatin Police Department and FBI have done on my behalf and the behalf of others in similar situations.”

Russell Prince and Michael Palma of the law firm Palma & Prince stated, “It is our mission to fight for the safety, protections and ethical outcomes for all athletic endeavors. We work as advocates for athletes, coaches and their families; it is all intertwined. If one piece of the wheel is not working, everyone suffers. We are grateful that Maggie Kehring’s unimaginable experience has been brought to light with these charges being filed, but the investigation will continue. Hopefully, Maggie can get back get back to the one thing she loves most – riding horses. In the meantime, Maggie will have no further comment and we would ask that her and her family’s privacy during this difficult time be respected.”

Fellers was booked on the charges into the Washington County Jail by detectives shortly following his arrest. NW Horse Report will continue to follow this story and have additional information as it develops.

Questionable horse sale event fails to obtain State permit, officials refuse inquiry

UPDATE: This story was updated at 10:35am 5/26 to reflect communication with the Fair & Expo made by phone and email after initial publication.

A horse sale event set for May 29th in Oregon appears not to be moving forward at the Deschutes County Fair & Expo after the event organizer, Phillip Metcalf (aka Royce Bisio), failed to submit an application and meet the other requirements required by State law. Among those requirements was a obtaining a $25,000 irrevocable line of credit or bond along with employing a deputy state veterinarian for the sale.

As NW Horse Report had previously reported, serious questions were being raised by local equestrians who thought Metcalf’s history of “unethical” and unfair trade practices was being legitimized by contracting the use of facilities from the County. During NW Horse Reports investigation, it was discovered that County officials with the Fair & Expo Center actually signed contractual agreements with Metcalf’s purported business, despite the fact the business didn’t actually exist according to the Oregon Secretary of State.

County officials initially claimed that the contracts were with Mr. Metcalf personally, although the records provided to NW Horse Report appeared to tell a different story and show that officials were attempting to correct the contracts with Metcalf with the guidance of the county attorney.

Other members of the community were also up in arms about how Deschutes County could contract with an individual who also had outstanding arrest warrants. Metcalf’s recent arrest by Redmond Police was recently reported regarding new charges for DUI and driving well suspended, as well as an outstanding warrant, all of which were unrelated to the allegations of unethical business practices.

Phillip Metcalf and his purported business “High Desert Select Horse Sales” was scheduled to hold a horse consignment sale on May 29th at the Deschutes County Fairgrounds.

On May 25th, NW Horse Report reached out to the Deschutes County Fair & Expo Center for additional comment after it was determined that Metcalf had not summitted a required application for a “One-Day Horse Sale” permit with the Oregon Department of Agriculture (ODA).

Starting last month, we began to reach out to ask the ODA if a permit had been issued to Metcalf or any one purported businesses.

“To date, ODA has not received an application for a temporary horse sale under any of the mentioned names, or for that location.” said Andrea Cantu-Schomus, Director of Communications for the Oregon Department of Agriculture.

She further indicated that the ODA verifies the registrations of businesses on applications with the Oregon Secretary of State to ensure they are in active standing.

Despite having no response to our request for comment and bringing the ODA’s statements to the attention of Fair & Expo officials, within hours a post was made on a newer more recently created Facebook page that showed a logo for a “HighDesert Select Horse Sales”, the most common tradename being used by Metcalf.

“We had to postpone sale till July or August will know when soon” the post said. Another post later in the evening said: “No horse Sale May 29th moving it to July or August thanks will be posting dates soon”.

Metcalf has created and removed numerous Facebook pages over the last several months with the same or similar business and event names. According to Facebook, the most recent page was created on May 7th. It was not immediately clear if the new claims of rescheduling the sale were related to possible communications from Fair & Expo officials who have yet to respond to NW Horse Report’s recent request. A post for the event on the Fair & Expo website which was still present yesterday morning was suddenly gone by the afternoon.

Previous claims made by Metcalf indicated over 53 people had already registered for the event, raising serious questions and concerns brought forward by those who have claimed to have been defrauded by Metcalf. Metcalf further claimed on Facebook that the event would have about 200 horses present for the sale.

Upon being reached by phone for comment shortly after the publication of this article, Fair & Expo Director Geoff Hinds, refused to make any comment and hung up. Hinds did not answer any questions that asked about any recent contact with Metcalf and the current disposition about the event.

Hinds did reply to our email from the day before without directly answering any of the questions: “Deschutes County Fair & Expo does not have an active contract for any current or future events with Mr. Metcalf at this time.” said Hinds.

A previous statement made by the Press Secretary for the Oregon Secretary of State, Aaron Fiedler, does provide Oregonians with a way to report and file complaints regarding issues of unfair trade practices and consumer protection. “Speaking generally, Oregonians who have specific complaints about individual businesses would be directed to the Oregon Department of Justice Consumer Protection team” said Fiedler.

Our previous reports on this ongoing story can be found here.

US Forest Service will more than halve Oregon Ochoco wild horse population

Wild horses in Oregon dash on the high desert on the Warm Springs reservation below Mount Jefferson’s peak. Officials are planning to reduce the size of a herd in Oregon that lives in the Big Summit Wild Horse Territory of the Ochoco National Forest. (Alan Berner / The Seattle Times, 2009)

Associated Press – The U.S. Forest Service will reduce the wild horse population east of Prineville to a level that horse advocates say could lead to the herd’s elimination.

The most recent count of wild horses on the Big Summit Wild Horse Territory of the Ochoco National Forest puts the population around 130, but the Forest Service estimates it at closer to 150, Oregon Public Broadcasting reported.

The management plan approved Friday will decrease the herd to 47-57 horses total over the next five years. Officials say “excess” horses will be captured and relocated to corrals where they will be put up for adoption.

“We want to make sure that we manage this herd for its genetic viability,” said Kassidy Kern, public-affairs officer for the Ochoco National Forest and Crooked River National Grassland. “We want to make sure it’s a healthy herd.”

The agency will use contraception and sterilization to keep the wild horse population down and will use genetic analysis to guide future management of the herd. The Forest Service said it will not euthanize horses as part of this plan.

Oregon City equestrian coach fined $2,000 after found guilty of violating ethics laws

An equestrian coach with Oregon City High School has finally settled with the Oregon Government Ethics Commission after finding her guilty of four separate violations under Oregon ethics laws. Concluding the nearly year-long investigation, Angie Wacker, the OCHS equestrian coach since 2014, a “Final Stipulated Order” was accepted by the Commission on April 30th. She and other district officials are still part of other ongoing probes, including one from the Oregon Department of Education.

In the order with the OGEC, Wacker agrees to settle with the State agency, waiving any future right to a contested case hearing or judicial review. Wacker faced a maximum of $20,000 in civil penalties, $5,000 per violation. She additionally could have been ordered to “pay a monetary forfeiture equal to twice the amount of financial gain…”. The order went on saying: “By entering into this Stipulated Final Order, Angie Wacker will not pay a forfeiture, as authorized by ORS 244.360.”

“The Commission contend[ed] that results of the investigation, if submitted through exhibits and testimony at a contested case hearing, would establish a preponderance of evidence in support of a post-hearing order to find two violations of ORS 244.040(1) and two violations of ORS 244.120(1)(c).” an except from the order. Those violations were for Conflicts of Interest and Use of Official Position for Financial Gain.

The first story about Wacker and the ethics violations was broke by Oregon City News in early February. Shortly after NW Horse Report ran a similar story which also brought to light reports of alleged check fraud.

The commission had also determined that Wacker operated her business, Wacker Performance Horses, without being unregistered for over a decade with the State of Oregon. The business was formally registered by Wackers husband shortly after the OGEC started its investigation.

Wacker’s primary defense for her actions was positioned around following all of the OHSET guidelines for equestrian coaches. OHSET’s Executive Director, Candi Botham, told NW Horse Report and the OGEC that it would be reviewing it’s own policies and guidance to ensure it was in accordance with Oregon law.

The entire affair which expanded to issues of bullying and unreported injuries has now lead to several more investigations by multiple state agencies into school district officials, including from the Oregon Department of Education and the Teacher Standards Practices Commission. The school district had also refused to provide public records to Oregon City News related to a 2019 vote to retain Wacker, prompting an order from the Clackamas County District Attorney for the release of the records.

The Oregon Government Ethics Commission then turned it’s attention to the school board itself for an illegal vote that should not have been held in an executive session pertaining to keeping Wacker as a coach. It was discovered that Wacker had written most of the investigative report provided by the OCHS Athletic Director, Andy Jones, to district officials and the school board.

In the midst of Oregon City School Board elections, renewed attention to the boards previous illegal vote is prompting statements from multiple candidates and incumbent board members.

The OGEC has yet to respond to a request for comment about the final order and settlement with Wacker.

Woman convicted of horse neglect faces new probation terms, avoids jail time

An Oregon women who was convicted in early 2020 over one of the largest cases of horse neglect in recently memory narrowly avoided having her probation revoked. Gwenyth Davies, 50, appeared back in Lane County Circuit Court on Monday to explain why her probation shouldn’t be revoked. The plea deal that resulted in the original probation terms, which were set for the maximum duration of 5-years, was the result of her guilty plea for 11 counts of second-degree animal neglect.

The original probation terms required Davies to make monthly payments for restitution to Lane County, Sound Equine Options, and the Oregon Humane Society. She was also required to send photos of the several horses that she was allowed to keep under the agreement.

Jacob Kamins, the State’s special Animal Cruelty prosecutor handling the case, said had only made a single $200 payment early on and was inconsistently sending photos to investigators with Lane County Animal Services. Kamins also confirmed to NW Horse Report that Davies was no longer represented by a private attorney and instead a public defender. It was reported by this publication recently that Davies’ attorney was granted a motion to be released as her defense counsel.

Davies admitted in court to the probation violations and agreed to make a lump sum payment of $500 by next month. She additionally indicated she will be leasing one of her three horses to someone else for a period of at least 18-months, saving her about $140. The new probation terms also now only require Davies to make a payment of $140 towards her nearly $48,000 owed in restitution.

While prosecutors have previously indicated the reason for the plea deal was due to a current possible loop-hole in animal neglect laws regarding “livestock”. Kamins had previously explained that the probation terms would ensure Davies was kept in check with her care of horses and that Davies could face further action for violation of those terms.

Davies is also required to have the horses seen by a veterinarian by August. She also appeared to be facing a residential eviction process based on court records for which a hearing is scheduled for May.

Horse-trader behind questionable contracts with Deschutes County, arrested on new charges and warrant

Phillip Royce Metcalf, 48 (shown in a previous arrest photo from 2018), was again arrested for issues related to probation violations, as well as new charges of DUI and driving while suspended.

An Oregon horse-trader who had outstanding warrants and is the subject of questionable contracts with the Deschutes County Fair & Expo for his bogus “horse sale” business, was again arrested by police in early April for the unrelated warrant, as well as new charges for DUI and driving while suspended.

Public Information Officer for Redmond Police, Lt. Jesse Petersen, just confirmed the information for NW Horse Report. “On April 1, 2021, 48-year-old Phillip Metcalf was arrested for Driving Under the Influence of Intoxicants, Driving While Suspended, and a Crook County warrant.  Mr. Metcalf was issued citations in lieu of custody.” said Petersen.

He went on to state that the case has been referred to both the Deschutes County District Attorney’s Office and Crook County District Attorney’s Office for review, but declined to provide additional details. “Due to this being an active ongoing investigation no further information will be released.” said Petersen in ending his statement to NW Horse Report.

Metcalf has recently been the source of uproar by many equestrians over his unfair trade practices and what others described as “unethical” business practices. This resulted in the recent discovery that the Deschutes County Fair & Expo Center had actually contracted with Metcalf’s purported business that didn’t actually exist according to the Oregon Secretary of State. The fake business name Metcalf is promoting under is High Desert Select Horse Sales, but he has used others including Metcalf Horse Sales.

Our previous stories regarding Metcalf can be found here.

Case of Strangles reported in Snohomish County, Washington, second time in 2021

The Washington State Veterinary Office has reported a case of equine strangles out of a farm located in Snohomish County located in Washington, just north of Seattle. This is the second case reported so far this year in Washington State.

No additional details were provided about the facility, but the report did confirm that eight other horses were exposed and that the facility is under quarantine at this time. The State Veterinary Office has not responded to a request for comment or additional information on the type of facility.

In February, the attending veterinarian for a property in King County, Washington, had confirmed a case of strangles that infected a 10-year-old Paint gelding. That horse had clinical signs on February 15th that included fever, nasal discharge, and a swollen submandibular lymph nodes. 10 other horses had been exposed in that case after the gelding had been transported to the private boarding facility a couple weeks prior.

We will update this story if a response and additional detail is provided by the State Veterinary Office.