Men in animal cruelty case ordered to pay county $323,292 in restitution

The three-hour sentencing hearing for Robert and Alan Erickson, which sometimes turned caustic, was before Lewis and Clark County District Court Judge Kathy Seeley, who dismissed the prosecution’s request to sentence the men to 180 days in jail. There will be no early discharge from supervision.

However, they received a six-year deferred sentence in which the Ericksons could not own or care for horses. The horses removed from their property will not be returned and will be given new homes. And there would not be any early release from the six-year deferred sentence.

“This was not a livelihood, this is some sort of odd hobby these fellows had,” Seeley said.

Lewis and Clark Deputy County Attorney Fallon Stanton was pleased with the judge’s decision.

“I am glad we finally have them moving on to a better place,” she said of the horses.

Robert Erickson’s attorney, Carl Jensen, said his client plans to appeal.

During the sentencing it was revealed the Ericksons now had a goat on their property, prompting the judge to say during sentencing, “I’m not going to deal with the goat, I’m sorry.”

The Ericksons ran a Quarter Horse breeding operation that was raided by the Lewis and Clark County Sheriff’s Office on June 1, 2021. Nearly 60 horses were seized by sheriff’s deputies, a U.S. Forest Service ranger and a Department of Livestock employee and relocated to the Lewis and Clark County Fairground.

Lewis and Clark County Sheriff Leo Dutton said earlier the horses are now at various locations.

County-contracted veterinarians determined many of the horses exhibited signs of neglect. One of the horses had to be euthanized while in Lewis and Clark County Sheriff’s Office custody as a result of the neglect.

Equine veterinarian Jamie Clark, who had cared for the horses on behalf of the county, testified Wednesday that her practice discounted the bill 25% for its services. She said $6000 in vaccines and $2000 in supplements were donated by companies to help the horses. Clark also said volunteers donated thousands of dollars worth of their time. She did not think some of the horses would be of high value if sold.

She described some as being “geriatric, unlikely to be useful in any capacity besides a pasture ornament that can be petted and loved.” Clark said many of the horses would likely be sold for about $1,000.

Alan Erickson previously took a deal in exchange for his guilty plea and a jury found Robert Erickson guilty in April.

Robert Erickson, who said his trial “was a whole bunch of lies,” told officials he had substantial assets, but would not disclose a total.

But on Wednesday he estimated the value of the horses taken from his property by the county to be $3 million, noting one of the horses was a prized stud.

Attorney Ellie Boldman, who represented Alan Erickson, said the horses should have remained on the property with the Ericksons and had supervised care. Boldman, a Democratic state representative, said as Montana changes, it is losing its common sense.

“The government did not have the right to do what it did in this case,” she said, adding her client was a man who loves horses.

Another of Robert Erickson’s sons, Clayton, was arrested outside the county courthouse in April on a warrant for a previous DUI. He entered into a deferred prosecution agreement filed April 8. As long as he does not violate the terms of the agreement, the animal cruelty charge will be dismissed in five years.

In 2018, an animal control officer responded to a call about an injured horse caught in barbed wire at an address on Fantasy Road, from which the Ericksons were later evicted, officials said.

The officer reported observing pasture areas that “were poorly maintained with sections of wire and a vast amount of debris strewn on the ground. The pasture was nothing but rock, dirt, and debris with no vegetation anywhere,” the affidavit states.

The court documents go on to detail the ongoing monitoring of the operation by the animal control officer. Horses were found with lacerations, hernias, lower back injuries, cracked hooves and extensive matting.

Seeley said the evidence was presented at the trial and the jury reached its decision. She said she has not heard from one veterinarian supporting the self-serving statements of the defendants.

Seeley said she did not think the Ericksons were bad people at their core, but they were not equipped to care for horses.

Dutton said Wednesday he was happy about the judge’s decision.

“We are pleased this is over,” he said, adding the sheriff’s department had submitted a plan for her consideration.

He also thanked all the people who have helped take care of the horses.

“I’m thankful for the support of volunteers and citizens of this county,” Dutton said.