A former Franklin County animal control officer pleaded guilty to 13 counts of second-degree cruelty to animals Thursday in Franklin District Court.
Derek A. Rayborn, 29, of 4010 St. Johns Road, was sentenced to six months in jail by Judge Kathy Mangeot. He will have to serve 30 days, beginning Feb. 1, and the remaining five months will be suspended on several conditions.
Those conditions include that Rayborn not own or have any dogs in his possession for two years; not participate in any kennel clubs or dog-related events; and have no other criminal offenses for two years.
Rayborn also received a $6,500 fine ($500 on each count), but that was also suspended on the same conditions.
In the plea agreement, one count of harboring a vicious animal was dismissed.
Thirteen pit bull dogs were seized from Rayborn's property on Jan. 3 by current county Animal Control Officer Todd Moore. It was the second time in nine months a large number of pit bulls were seized in connection with animal cruelty charges.
A trial was set for Rayborn Thursday on one count each of animal cruelty and harboring a vicious animal " charges stemming from 2007. Then he would have still had to face the multiple animal cruelty charges from 2008 later.
"We were ready to go to trial but Derek, in the last minute, did what he thought was best for his family," said Chris Olds, Rayborn's attorney, after Thursday's plea and sentencing. "He knew the potential was there to face a lot of jail time and he didn't want to take that chance.
"I don't think this was a situation where Derek was intentionally trying to hurt any dogs. I think he had taken in more dogs than what he could take care of. I think he did the best he could."
Olds said Rayborn took in rescue dogs because he was afraid if not they would go to the Franklin County Humane Society's animal shelter, "and possibly have to be euthanized. So I think he was trying to do the right thing but he wasn't able to adequately take care of the dogs he had."
Franklin County Attorney Rick Sparks said he was satisfied with the plea agreement.
"It accomplished the goals I had, which were to punish for the conduct and to ensure to the extent I could that Mr. Rayborn not have any dogs in the future," Sparks said.
Both times the pit bulls were seized from Rayborn, they were boarded at the local animal shelter.
Regina Mitchell, manager of the animal shelter, said she is satisfied with the plea agreement, "as long as (Rayborn) is monitored and abides by the conditions given to him. I feel justice was met for the animals. Franklin County citizens just need to keep their eyes open for this type of activity done to animals. It's especially important for the well being of the animals right now with the weather being so cold."
Mitchell said the shelter is closed today, as it was Thursday, because of the cold weather, "so the animals can all be inside the building with heat and plenty of blankets and food and water. We will reopen on Saturday."
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I am sorry I woke up with the beginning of a migraine
this morning and very little desire to take in
caffeine so I decided to think instead. What was I
thinking about? Funny you should ask because it
affects all of us.
PLAY NICE!
I sat here trying to figure out why it was that with
over 50% of the voters out there owning pets how in
GOD's name we are losing this battle? How are we
losing the rights and privileges that we have enjoyed
for my lifetime? How are we going down the tubes to a
bunch of AR wing-nuts that are most definitely a
minority. HOW??
Could it be that they have lots of money? While money
does play a role (and a significant role too), I do
not think that is it. I have always been taught that
"MONEY is the root of all evil". So it follows that
the wing nuts are about the evilest groups there are
out there, but they are winning. I was also taught
that the best way to kill a weed was to kill the root.
Could it be that they are right? Perish the thought.
Could it be that we do not want this bad enough? Nope
that can not be it because I would die to protect my
animals. I have already been in jail for them, and I
know there are other folks out there just like me that
are willing to do what it takes to stand up for their
rights.
It is not that we are unwilling it must be something
else.
Are we organized? Well, we are not as fine tuned as
the wing nuts but, we still manage to get the word out
and stop some things from passing. So, our
organization could use a little fine tuning but all in
all we are functional.
OK. So money and organization are part of the
equation but they are not the true problems holding us
back. So what is??
Could it be the fact that we are fighting amongst
ourselves? You BET-CHA! BINGO! Give the lady a
cigar! I personally do not care who's private male
parts are bigger than anyone else's, nor do I care
what female thinks she is the Alpha Bitch. We have
got to work together or our boat will most definitely
be sinking. For one group to try and be elitist
because they are the "only group that knows dogs" is
just so much horse poo. Or to be an on-line group
that sensors your folks to the point that if it is not
part of the "leader's thoughts" then it is not allowed
on-line? We do live in a country of FREE speech.
But for someone on a group that is suppose to be
fighting for the good of our animals to kick someone
off for no factual evidence that they did wrong just
the "AR defamation" is not helping us. Yes, this does
and is happening, in fact one site who has been
fighting this battle for a long time went so far as to
kick someone off just because of who their friends
are. They have spouted a lot of AR rhetoric on that
list of late and I truly wonder where the leaders'
head is at to let someone who may not be altogether
with us run the show. To each his own but, to sit
there and allow a one sided battle without giving them
a chance at rebuttal, that is a problem.
I am not saying we will loose the battle what I am
trying to get across is that we have got to start
WORKING TOGETHER!
If you are a cat person, or a lizard person or a snake
hugger or a dog lover, one and all we have to work
together. We have to be big enough to set aside our
differences and our holier than thou attitudes and
work with the other groups that share common goals and
a common enemy. So what if your dogs are AKC prima
donnas and mine are mutts. It should never enter into
the equation. So what if you hate dogs but love cats,
you want to keep them? You work with the other animal
folks.
That is what the ARs have that we do not, a cohesive
group mentality.
If we need to start a group that will meet these
criteria so be it, we can start it. We can "elect"
our head, we can make our rules we can do what needs
to be done to protect our animals.
You rescue folks, still want animals? Then kick in
and start helping. Quit this garbage that "they are
bad because they breed". That is pure and simple AR
hogwash.
Here is some food for thought. How many times has
someone contacted you off the list and started bashing
someone on the list or some thought on the list?
Could be they are AR. I have had several that I have
never heard of contact me in this manner, I read the
e-mail and then delete it. But, then I put them on my
list as a possible mole.
Why do you think that the ARs have gone state to
state? Because we STOPPED them on the national level
and now they have to try and go bits and pieces. No
war is won with a single battle. There are a lot of
little battles that lead up to the big win. If we
work better together we can be winning those battles
and adding to the war.
There are a lot of things I would rather do than fight
to keep my rights to own and breed my animals, like
play with them and improve their housing and play
areas but, until we can win our rights to do that I
will continue to sacrifice a portion of my day to
write those letters, make those phone calls and send
in my faxes. I fight so my grand-daughter will not
have to.
I do not just fight for the dogs, I fight for cats and
rats and elephants, yes, and even those elusive
unicorns.
A lot of folks are not going to like what I have said
today, sorry about your luck. What I have said has
bothered me for a long time and it finally came out.
I feel better, how about you? Think I stepped on your
toes? Well, that happens when you preach to the
choir.
If I am wrong tell me so. If not lets work together
and figure out how to bond all our groups into a whole
instead of pieces here and there. If you don't like
what I have to say, that is fine it is a free country
but, think about it before you hit that delete button.
Who should head up this group? Someone who is not
afraid to say, "Hey here I am and I will fight for
what is right". Male or female does not matter. They
need good organizational skills and an ability to
speak in public. Knowing that this person will be our
"spokesperson" we have to be willing to help them out.
We have to understand that the ARs will go after them
any and every way they can. They will trump up abuse
and cruelty charges against them. They will get their
neighbors to spy on them and trump up charges. Think
not? It happened to me and has happened across our
country to anyone they felt was enough of a threat.
I know there are a lot of folks out there that have
been at this battle a lot longer than I have. I have
even had them tell me that "this is the way I have
fought it for 20+ years". Well, I am not about to
gainsay experience but, if it hasn't worked in 20
years maybe it is time to look at a new tactic. I
have been told "never say anything you can not prove"
that is a good thought. However, HSUS and PeTA are
not using those rules and they are using them to their
advantage. Maybe we need to steal a page out of their
playbook. Get emotional and not just factual. No
don't start your letters to the senators with "My
doggy is the bestest doggy in the world" Prove to
them why you think that way, and why you are so
emotional about it.
Make your legislators understand that this is nothing
more than vigilante justice, and the wishes of the few
being imposed upon the many, and not based in fact.
Make them understand that these rules they are trying
to pass will make John Q Public think he is the new
Animal Cop. There is a reason that police officers go
through rigorous training and psychological
evaluations and have an internal affairs department
for review, so they are suppose to know how to do
their jobs without bringing emotion into it.
Sometimes I think they are a little lax with the
knowledge they have been given and may need a little
re-training, but such is life. When the laws allow
just anyone to come onto your land without a warrant
then that is pure vigilante justice and there is no
basis in fact. Those types of laws allow folks to use
the "law" to forward a personal vendetta. It has
happened more than we will ever know.
We have rights guaranteed under the constitution and
we need to start pushing our legislators and civic
officials to remember what those are and what they
took an oath to uphold. We can also remind them that
we voted them in and we can vote them out.
We need to take the "newbies" under our wing and help
guide them to make them more effective members of our
group. Mentoring will give us our next generation of
help so think about it, before you blow the newbies
off. Take them under your wing.
I think I am done now. I will not apologize for the
length of this rant. I will hope that my "words of
wisdom" may strike a chord with whomever it needs to
and go from there.
Sandi
77.
Posted by shenron28d February 2, 2008
i am a small dog person and but for the matter of fact is .. the darn guy there that is the one who done this to those dogs and to my voice my thoughts to this is that him being cruel to those dogs maybe the dogs need to turn around and give him the electric chair and zap him a few time or more to see how it feels when dogs and or cats and other animals are put down animals have the same feelings as us humans ... if i was one of those dogs .. i would probably turn into cujo and go mad dog on him for what he done to the other dogs and who knows what else he had done to other animals too .. i really dont care what people think if you dont agree with me or not .. i think he needs to be put in to a circle and with some really mad dogs and let them tear him to shreds .. to show what he has done to them .. there ... i said my peace .. dont like it .. you should have never read this in the first place ..
76.
Posted by angelgirl February 1, 2008
Mr. Rayborn, excuse me for mispelling your name. Really don't care about your name just the abuse those poor animals suffered. They suffered much more than the punishment you received. People who abuse animals are capable of any any type of criminal behavior. It is quite obvious that you would be a good candidate for a psychological evaluation. You are one sick individual. And Mr. Dumburn I doubt that you have ever been allowed to play golf at the club with Mr. Sparks or anyone for that matter. And by the way I did not attend high school in Franklin County. And by the way can you even look at yourself in the mirror? Probably to ashamed.
75.
Posted by Tamed-Shrew February 1, 2008
"How could the news stations alter pictures to make it look worse than it was."
Actually, it's really easy, even without image-editing programs like Photoshop. Sometime, take a picture of yourself with only overhead lighting available and with the camera slightly tilted upward. You'll look 10 pounds heavier and 15 years older. That's why are driver's license pictures always look so bad! :)
I agree with ema -- let it all go. Whenever these discussions go from talking facts to spelling-grammar analysis, it's a sure sign that the ranting should quit.
74.
Posted by ema February 1, 2008
Enough already!! Can we let this thing go. No one is going to change anyone's mind.
73.
Posted by loverotties February 1, 2008
I would just like to say to Derek I passed by the house that these dogs were kept at, at least two times a week and those dogs deserved better then what you were giving them. Why do you think that pits deserve to have a log chain on there neck how would you feel if you had one on your neck. How would you feel if you had to live in a barrel. Your attorney said that it was a mistake well people learn from there mistakes if it was truley a mistake why did it happen twice and why did you get more dogs if you knew you could not handle them. These dogs DID NOT deserve what happend to them while they were in your care and I dont care what people say or what you say I seen those dogs and they were starved and mis treated.
And to Elaine I know for a fact that those pictures were not altered to make it look worse then it was. How could the news stations alter pictures to make it look worse than it was. Stop
and think about it. In my oppinion he should of had to serve the whole six months or more, there is no excuse for what he did.
72.
Posted by kentuckycat1 February 1, 2008
Derek, this is my real name. Might want to check the spelling of onoray, while you are calling people out about spelling.
71.
Posted by D-Rex February 1, 2008
Posted by angelgirl January 30, 2008
It appears from Mr. Rayburn's comments that he is mad because he was caught abusing his dogs. Thus he feels the need to bash our prosecutor, humane society and the citizens of Franklin Co. Obviously in his delusional mind, by making these derogatory comments it makes him appear like a "great humanitarian" and a model citizen. Oh an innocent one at that. Take your light punishment and relocate to Shelby Co.
Reply:
First off learn how to spell, or look off the article, the Name is RAYBORN not burn, second off you need to improve on your reading retention skills!! I NEVER blasted Rick Sparks, I said I like him so much I would go golfing with him!! You have to like someone to golf with them because your going to be spending about 2 hours to play through 18 holes. He's a very nice individual!! I may not like his job, but he himself is a good guy!! Second off if you are who I think you are... Which you may not be do to the fact some people are scarred to say their real names and prefer to hide behind a keyboard... (which I'll give Mrs. Mitchell credit, atleast she had the GUTS to use her real name)
Anyway, I remember when you we're to onoray to shower, and change your clothes walking around with poop stains in your pants as a teenager!! I may be wrong but I am pretty sure that is you! So before you act holier than thou, take a look in the mirror.
--Derek
PS Regina, ya I can always use help moving!
70.
Posted by kentuckycat1 January 31, 2008
hear ya Angel Girl, so true, so true.
As far as the person making the comment about animal rights wingnuts, they have rights too, and they should. they feel things, like the other person, that stated they feel the collar around their neck and such. Dogs are just like people and should be treated as such. :)
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