Jalupae the horse was left to suffer by starvation, a judge found Tuesday.

Judge Sue Wishart found two Brentwood Bay residents, Clayton Cunningham and David Whiffin, guilty of causing unnecessary pain and suffering to an animal, as well as improper care of feeding. The case stems from the emaciation and death by hanging of Jalupae, a 27-year-old Appaloosa gelding.

The two convicted men immediately left the Victoria Law Courts after the verdict was handed down.

B次元官网网址淭here is no doubt that people were shocked and horrified to learn how Jalupae died,B次元官网网址� Wishart said in her judgment.

Five people in the courtroom cried as the verdict was read.

Jalupae died as a result of being hanged from a rope tied to an excavator, on Sept. 15, 2009.

Stephen Oulette, a friend of Whiffin, who was present when the horse was hanged, told the court during the trial that the horseB次元官网网址檚 neck snapped and the animal died within a half-second.

The guilty verdicts, however, do not stem from the horseB次元官网网址檚 death.

Wishart said the facts that led her to find the men guilty of causing unnecessary pain and suffering are the same as those in the charge of improper care B次元官网网址� the convicted men failed to feed and properly treat the elderly horse, causing it to suffer. Throughout the summer of 2009, SPCA officers, veterinarians and people responsible for JalupaeB次元官网网址檚 care told both Whiffin and Cunningham on multiple occasions the horseB次元官网网址檚 teeth were in poor condition, meaning the animal couldnB次元官网网址檛 swallow hay.

Veterinarians told both men B次元官网网址� Whiffin, who owned the horse and the property involved, and Cunningham, who was in charge of caring for Jalupae and two other horses on the farm B次元官网网址� Jalupae needed to be on a special diet that was far easier to swallow than hay. In addition, the horseB次元官网网址檚 teeth needed to be floated, or filed. Whiffin said he didnB次元官网网址檛 want to pay for the dental care or for the special food.

The vets, as well as the SCPA constables, offered euthanization options for the horse. The officers ordered that Jalupae either receive proper care, or be euthanized.

On Sept. 15, Cunningham looped a rope around JalupaeB次元官网网址檚 neck, while Whiffin worked the excavator, jerking the bucket to snap the horseB次元官网网址檚 neck. The animal was taken to a hole Whiffin dug earlier, and buried.

The SCPA officers Erika Paul and Lynsay Bailey did not ask for the body to be exhumed, though Whiffin offered the action. Therefore, there is no proof as to how Jalupae died, Wishart said.

Amanda Sather, a member of the activist group Justice for Jalupe, was in the courtroom during the verdict, becoming emotional while the judgment was read.

B次元官网网址淚t was what we were expecting,B次元官网网址� she said of the verdict afterward. B次元官网网址淲hat matters now is the sentence. That means everything. It sends a message to other animal owners.B次元官网网址�

The menB次元官网网址檚 sentencing date has not yet been scheduled.

editor@peninsulanewsreview.com