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LISBON -- The cruelty to animals case against Heather J. Birkmire in the deaths of five horses at Pure Gold Stables last year is now set for a plea and sentencing hearing at 10:30 a.m. Dec. 29.
Birkmire, 46, Eagleton Road, Lisbon, was present in the Columbiana County Municipal Court building, but did not appear in the courtroom after attorneys for both sides met behind closed doors with Judge Danielle Menning.
Nothing was placed on the record during what was scheduled as a status conference hearing, but when attorneys returned, the case was reset for a plea and sentencing hearing. The jury trial scheduled for Nov. 12 has been canceled. Details of the possible plea were not released.
The state was represented by county Assistant Prosecutor Jennifer Bonish and Birkmire was represented by her defense attorney, Ron Yarwood.
She has remained 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, the former operator of Pure Gold Stables and Equestrian Center, located on state Route 45, in Salem Township, 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.
In response to this case, 79th District state Rep. Monica Robb Blasdel, R-New Waterford, introduced the Ohio Equestrian Protection Act in August to extend the protections created by Ohio's felony animal cruelty law to horses.
According to the press release issued at the time by Blasdel, Ohio's animal cruelty protections would extend to "horses and other equines used in human interaction, including for sport, recreation, lessons, therapy and racing."
House Bill 992 introduced by Blasdel would enact new Section 959.135 of the Ohio Revised Code, creating dedicated protections for equines used in human interaction.
According to the press release, the key provisions of the bill include:
-- A prohibition on knowingly torturing, tormenting, cruelly beating, poisoning, or committing acts of cruelty against an equine, with felony-level penalties for serious physical harm or repeated offenses;
-- A requirement that custodians and caretakers provide adequate food, water, shelter, veterinary care, and safe transportation;
-- Court authority to forfeit equines from convicted offenders and restrict their ability to own or care for equines in the future; and
-- Rules established by the Director of Agriculture governing shelter standards, veterinary care, transportation, and seizure procedures.
Legislative Aide Jack Brinkman, who works for Blasdel, said the bill is still waiting on a committee assignment, which could happen after the mid-term election next week. He said the plan is try to advocate to have the bill's first hearing.