Gardner gets year in jail; plans appeal

Slick Gardner was sentenced to one year in jail Wednesday after a judge rejected his last-minute attempt to withdraw no-contests pleas of felony animal cruelty and grand theft involving wild horses on his Buellton ranch.

Defense lawyer Steve Balash immediately filed a notice of appeal with the court on Gardner's behalf.

The 57-year-old rancher was led away from court in handcuffs, but Balash said his client would soon be free on $50,000 bail, pending the appeal.

Gardner previously agreed to return more than 150 horses he allegedly stole from Carrie and Mary Dann of Nevada and pay about $30,000 restitution to several parties he allegedly defrauded, said Senior Deputy District Attorney Mag Nicola.

The more than two-hour court hearing Wednesday began with Gardner attempting to withdraw his plea on grounds that he was not consulted on which horses would be removed from his ranch.

Since the Dann horses have been mixed in with about 300 other horses on the ranch, neither side is completely sure exactly which horses the women originally owned.

Gardner testified on the stand Wednesday that 11 horses seized last week from the ranch actually belonged to his girlfriend, Melinda Darway.

Nicola, who said he was skeptical that the horses belonged to Darway, said the woman could take legal action against the county if she chose. However, he argued, contested facts about the seizure was not grounds for withdrawing the plea.

Superior Court Judge Art Garcia agreed, and denied Gardner's motion.

Before sentencing, Gardner made a short statement regarding his animal-cruelty conviction.

"Everyone looks at the treatment of animals differently," Gardner said. "I did what I believed was the best thing for those horses."

Nicola expressed surprise that Gardner did not express remorse for the theft conviction, which involved his failure to reimburse the Dann sisters for transportation of the horses from Nevada to California.

"He's not a truthful person and he's a thief," Nicola said.

The judge sentenced Gardner to the maximum jail time allowed by the settlement. He also fined Gardner $1,000 and forbid him to possess wild horses or a checking account during his probation.

However, Gardner was permitted by the judge to keep an undisclosed number of domesticated horses on his ranch, which is reportedly in foreclosure.

Since the settlement, more than 130 Dann horses have been - with the Danns' permission - placed on area ranches by the local nonprofit group Wild Horses in Need, said spokeswoman Gail Page.

Gardner continues to pay the estimated $700-a-day bill to care for the other horses on his ranch, with some help from donors, according to Balash.

Santa Barbara County Animal Services is assisting Gardner in finding places for more than 200 horses for adoption to qualified people, Nicola said, and he hopes to have all of the wild horses removed by winter.

The 2,000-acre Gardner Ranch, located off Highway 246, was searched twice in September 2003 by county animal services, sheriff's and district attorney's investigators. During the searches, 167 horses considered neglected or malnourished were seized and sent to several area ranches. About 100 of those horses also allegedly belonged to the Danns, Nicola said.

Gardner has appealed those seizures, and a hearing is set for Monday in Superior Court Judge Rodney Melville's courtroom. If the confiscation is determined to be proper, Gardner would be liable for $200,000 in costs accrued by the county, Nicola said.

* Staff writer Quintin Cushner can be reached at 739-2217 or by e-mail at qcushner@pulitzer.net.

Oct. 14, 2004