According to Animal Control Director John Vail, they found "one dead horse and five others in very poor condition."  The horses were seized immediately.  John O'Sullivan, 45, was subsequently charged with felony cruelty to animals. Three of the horses were released to the care of the Grace Foundation's 600-acre ranch near El Dorado Hills. According to Vail the two others were sent to an undisclosed location. O’Sullivan claimed that the horses ate parasites while he was away on an extended stay. While away he said he arranged for neighbors to feed the animals and said they were being cared for. The case has continued on with O’Sullivan facing several felonies, that were plead down to two misdemeanors. On March 19, O'Sullivan accepted a plea bargain allowing him to plead no contest to two charges of misdemeanor cruelty to animals with the understanding that he would get the horses back. In turn O'Sullivan was returned two of his horses, and the Grace Foundation was notified he could come for the three in its care. However, in court on Tuesday the Deputy DA admitted that a mistake was made by allowing O’Sullivan to take custody of the animals as state law says that upon conviction the owners forfeit the right to the animal or animals in this case.

DA Todd Riebe explained, “…the DA's Office and the attorneys for the defendants entered into an agreement which was accepted by the judge that contained a condition calling for the return of the seized horses to the defendants.  That condition is contrary to law.  Penal Code section 597.1(k) says that upon conviction of several sections, including the one that O'Sullivan pled to, the animals are deemed forfeited and become the property, in this case, of Animal Control. The defendants cannot get the horses back under the law.” O’Sullivan's attorney contends that the Deputy DA, didn't mistake the law - she ignored it. In response DA Riebe says, “The mistake was just that--a mistake. 

There was no intention on the part of the DA's Office to knowingly violate the law.  O'Sullivan's attorney's statements that the parties intended on returning the horses even with knowledge that doing so was illegal is not true and unsupported by the facts.” He continues by saying, “The remaining charges were to be dismissed against him and all charges against the co-defendant were to be dismissed.  He was to pay $11,645 restitution to Animal Control for the costs of caring for the horses since the seizure.” Since Richmond ordered that the two horses in O’Sullivan’s custody may remain in his care, O’Sullivan said that the horses will be cared for appropriately. However, his promises did not deter dozens of Grace Foundation volunteers and its director Tuesday from appearing at the court hearing as well as making a public stance outside of the courthouse with signs and comments about their feelings concerning the case. Foundation President Beth DeCaprio told the Sacramento Bee that she was relieved that the horses would remain in her care, but was worried for the other two. "I'm sick for those two horses but I'm thrilled that ours are safe," she said. O’Sullivan, while not in court Tuesday will be present April 27th for his sentencing.