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No charges to be filed in Indiana zebra’s freezing death

By STAN MADDUX

DELPHI, Ind. — Charges will not be filed for a zebra dying in an Indiana pasture during the late January arctic cold snap.

             Carroll County Prosecutor Nicholas McLeland in his Feb. 5 decision said the zebra had access to shelter on the farm outside Delphi.

There was some doubt whether the metal car port looking shelter was adequate for the -15 to -20 degree temperatures at the time, he said.

             However, McLeland said the state neglect statute as it applies to inadequate shelter for animals is specific only to dogs and cats.

             Another zebra on the property also with access to the same shelter was reported to be near the zebra right before or after it perished.

             McLeland said that zebra survived and, to his knowledge, is doing very well.

“Both animals had plenty of food and water and inadequate shelter alone does not constitute a criminal offense in Indiana,” McLeland said.

A kangaroo, goats and ponies are also kept on the farm and provided shelter.

Except for the deceased zebra, no harm to any of the other animals was reported.

According to authorities, the zebra died after its back hooves got caught in some metal fencing and it was not able to get free. It died from inhaling the bitter cold air.

             A veterinarian with the Indiana State Board of Animal Health ruled the pasture and outdoor fencing were both adequate, McLeland said.

             While the shelter with both sides open provided some degree of protection from the elements, McLeland said the veterinarian felt just one side of the structure should have been open to provide more of a break from the -30 to -40 degree wind chills.

The veterinarian also cited a need for more bedding to provide additional insulation from the cold, he said.

             McLeland said hay for the animals to eat and water for them to drink were outside.

             A bubbler system kept the water from freezing, he said.

He also said the zebras were of normal weight.

“They were well taken care of,” he said.

McLeland said he could have prosecuted the case had the law requiring protection from extreme temperatures for dogs and cats included farm animals.

“I understand people are upset and I join in those frustrations. However, until the legislature changes the statute for the definition of neglect, I will not be able to proceed with charges for matters like this in the future,” he said.

                Denise Derrer, communications director at the Indiana State Board of Animal Health, said a permit is not required to have zebras on a farm as long as they're used strictly for personal enjoyment because they're considered part of the equine family.

“Whether it's a donkey, a mule, a zebra or a horse they fall under the same laws,” Derrer said.

She said zebras that are part of petting zoo or kept for some other for-profit reason would require a permit, though.

Kangaroos also don't require a permit unless their use is for business purposes.

Carroll County Sheriff Tobe Leazenby.said the zebras and kangaroo were on a farm owned by Denise Spencer at 10035 W. 400 North.

He said the investigation shows the animals were for the personal enjoyment of Spencer and her young children.

“They were in essence family pets,” Leazenby said.

He said there were also goats, a pony and other domestic animals on the property.

Zebras are native to Africa so their coats may not b as thick during the winter as that of a horse.

But, they do well in cold climates if they’ve had ample time to adjust to the temperature change, according to Rarity Acres, a zebra farm near Kalamazoo, Michigan.

On its web page, Rarity Acres suggests anyone from a cold weather state purchase zebras from breeders in other cold weather states.

“Herds of zebras that have been bred in colder states for years have adjusted well to the climate. Bringing in a zebra from a warmer state can be super hard on them during the winter months,” Rarity Acres stated.

Some zebras might still require a blanket during winter, though, depending on how well they handle the cold.

According to Rarity Acres, zebras from cold weather climates giving birth have babies who grow winter coats.

 

2/26/2019