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LISBON -- A new pretrial has been scheduled at 11:30 a.m. Aug. 31 in the case against Heather J. Birkmire, who's accused of cruelty to animals in the deaths of five horses last year at Pure Gold Stables in Salem Township.
"I did receive a sizable amount of discovery I'm trying to go through. I'm asking for more time," Birkmire's defense attorney Ron Yarwood said.
The state did not object to the continuance during a pretrial hearing Wednesday, with Columbiana County Assistant Prosecutor Jennifer Bonish acknowledging there was a very large discovery in this case and the defense would be asking for a continuance.
She said the state had no objection to that and added there may be some negotiating in that time before the next pretrial.
Discovery is the information or evidence the prosecution may use against a defendant. Yarwood said he received a flash drive from the state and he's been going through the information, but needs more time to go through it and review it with his client.
Birkmire, 46, Eagleton Road, Lisbon, wasn't brought into the courtroom for the brief hearing, but was present in the Columbiana County Municipal Court building. She's been out of jail under a $5,000 recognizance bond, with a condition of bond that she's not allowed any contact with any livestock or companion animals.
During arraignment in May, she entered a not guilty plea to five counts of cruelty to animals, a second-degree misdemeanor, and four counts of disposition of dead of destroyed animals violation, a fourth-degree misdemeanor. She had been indicted by the Columbiana County Grand Jury, with the case transferred to Municipal Court since all the charges were misdemeanors.
The felony law known as Goddard's Law only pertains to companion animals, such as dogs or cats, which is why the charges aren't felonies. By law, the definition of a companion animal doesn't include livestock, such as horses.
Birkmire, now the former operator of Pure Gold Stables and Equestrian Center, located on state Route 45, was there when a county sheriff's deputy showed up regarding a complaint of animal abuse.
The indictment alleged all the incidents related to the charges occurred from May 1, 2024 to Oct. 26, 2025, and for the cruelty charges, that Birkmire "did torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water."
The other charges dealt with how the bodies of the deceased horses were handled, with four of them found in a round pen in varying stages of decomposition, with some covered by blankets and others confined in stalls on Oct. 27, 2025.
According to a previous press release by Columbiana County Prosecutor Vito Abruzzino, "necropsy results confirmed evidence of dehydration and starvation. The skeletal remains of a fifth horse were also recovered from a burn pit on the property."
A necropsy was not able to be done on the skeletal remains of the fifth horse.
According to Abruzzino, 570 days in the county jail is the maximum penalty Birkmire may face if convicted on all counts and if the terms for each count are ordered served consecutively.
The possible penalty for the second-degree misdemeanor cruelty to animals charge is up to 90 days per count and a fine of up to $750 per count, or up to 450 days in jail and $3,750 in fines if sentenced to consecutive terms. For the fourth-degree misdemeanor, the possible penalty is up to 30 days in jail for each count and a fine of up to $250 per count, or up to 120 days in jail and $1,000 in fines if ordered served consecutively.