Tour business owner apologizes after horse dies

By Kathy Helms
Diné Bureau

FORT DEFIANCE — One of 25 horses confiscated Feb. 15 from a horse tour business at Canyon de Chelly in Chinle died sometime between Wednesday night and Thursday morning and another may have to be put down as a result of infection.

Navajo Nation Resource Enforcement was to file 20 additional charges of animal cruelty Friday in Window Rock District Court against Justin Tso, owner of Justin's Horse Rental , according to Ranger Joe Watchman. In a telephone interview Thursday, Tso said he went to court in Chinle on Wednesday and was sentenced to 180 days' probation on a charge of animal cruelty.

The first horse rescued, known as No. 1, was transported to Thoreau Thursday where he was laid to rest at the local landfill, according to Watchman, who said he had suspected that No. 1 might not make it, "because he had been laying down a lot when I was over at Justin's. I noticed that when they would feed him, he would be the one just laying down. He wouldn't even eat the feed.

"When we took him over to our place, (Fort Defiance impound) it was the same thing he was just laying down while all the other horses were eating, so I think he was about ready to call it quits. He died either last night or early this morning," Watchman said Thursday. The horse was estimated to be about 12 years old.

Elaine Leslie, assistant superintendent at Canyon de Chelly National Monument, said she was surprised that only two animals had had problems so far. "Those horses were just in terrible, terrible shape. It's completely neglect, irresponsible behavior. It's appalling behavior," she said.

Navajo Nation Veterinarian Scott Bender, who initially examined the horses before they were removed from the canyon, described No. 1 as a "walking skeleton" with a neurological problem possibly related to sucking on lead batteries found in the corral as a means of getting salt. Dr. Bender said it was possible the horse was additionally suffering from lead poisoning.

The No. 14 horse apparently developed an infection after someone from Justin's gave it a shot of antibiotics and hit a bone, according to Watchman. "The bone is kind of infected, it's got a real bad abscess. They have to X-ray it and see how good a condition it is," he said. If the news is not good, more than likely, No. 14 will be put down.

Justin apologizes
Justin Tso said Thursday that news of the horses has traveled worldwide. "It's been on the Internet all over the world, and people have been calling me from New York and Austria," expressing their feelings. But he said he doesn't feel bad about having to field those calls, "because I'm guilty. Part of it's my fault, knowing that these horses should have been fed properly."

But Tso, who also owns race horses, said he has been away from home for awhile. "I've been just traveling here and there, and my boys have been trying to get these horses fed up. When I came back, the Navajo Ranger told me what had happened and that he would seize all the other animals. So that's what happened.

"Deep inside my heart, I would like to apologize to the whole world animal lovers and people that own horses, people that show care and love for animals, from small to large," Tso said.

The Park Service at Canyon de Chelly is willing to work with Tso to help him get back on his feet. "I just have to do some fund-raising. I'm down to zero now. My finances are zero, to be honest. No business for the past year because of what is going on overseas and all that"

When he goes to court again, Tso said, "I'm going to beg the judge from the bottom of my heart if he could give me another chance and start all over again. I do it all by myself. It's tough as heck sometimes. I just need to learn to control that thing and make sure that they stay fit and are enjoyed by people that come by to ride. I'm willing to work hard and do things the right way."

Not all of the horses were at the corral when the animals were seized by authorities. The Park Service's Leslie said, "We know there are horses out there about. I'm not saying he intentionally moved them before the Rangers got there, but there are certainly other Justin horses out there. And I think Chief Butler and those guys are working with him to try to figure that out right now.

"Our federal law enforcement ranger here at the park discovered them over the weekend, and consequently contacted Justin," Leslie said.

Tso said he did move some of the horses. "Everything that was there at the stables was taken. I got some that came in later and I took them up to my sister's house. They're OK, they're not boney," he said. "I told Joe (Watchman) about it."

Cleanup stalled
Leslie said the Park Service at Canyon de Chelly is following through on some commitments it made toward assisting with cleanup of the corral. "We started that, but the weather has just been terrible. It's so muddy and thick, and a mess down there. It's really difficult.

"I also was trying to figure out how to properly dispose or compost the horse manure, so we've been working on that. We also put together a lot of resources for him to get insurance.

"We put together quite a package of things he has to do before he can get a permit again, and he hasn't followed through on any of those to date. He's not going to get a permit until he meets the qualifications," she said.

The Park Service also is updating its horse management plan, according to Leslie. "He will have to follow those guidelines as will any other equine service just like any guiding practice here. So until he meets all of those qualifications, he will not have a business up and running. But we're working with him very closely," she said.

PETA steps in
People for the Ethical Treatment of Animals (PETA), an international organization dedicated to protecting the rights of all animals, sent an urgent plea Feb. 23 to Apache County Attorney Criss Candelaria, urging him to vigorously prosecute Tso.

They also asked that Tso be required to undergo psychological evaluation followed by mandatory counseling. PETA urged authorities to seize any other animals currently in Tso's custody and to prohibit him from owning or harboring animals.

Because Justin's is located within the sovereign nation of Navajo, Candelaria's office has no jurisdiction. A spokesman at the county attorney's office said PETA was informed Wednesday of Apache County's lack of jurisdiction in the matter.

The federal Park Service said there are no federal charges pending against Tso regarding animal cruelty.

"We were here to support the Navajo Nation. They're doing the charges," Leslie said.

Leonard Butler, director of Resource Enforcement, said the horses are still in impound in Fort Defiance.

Regarding PETA's complaint, Chief Butler said, "Apache County doesn't have jurisdiction. It's either federal or it's Navajo Nation.

"But no matter the situation, with the letters and everything, I guess it's just mainly publicity for the animals that PETA wants here," he said.

According to Rangers, the horses are eating around four bales of hay per day. Anyone who would like to donate salt blocks, grain or hay to help defray costs, is asked to call Resource Enforcement at (928) 871-6701.