CHICORA — A West Sunbury man accused last year of abusing his horses had the charges dismissed on a seventh attempt at a hearing.

Glen Kleinfelter was charged by state police June 2 based on the eyewitness reporting of Pam Vivirito of Equine Angels horse rescue in Cabot on the condition of eight horses on Kleinfelter’s property. The charge carries a $300 fine.

The case has attracted added attention after Vivirito conducted a similar case against another horse owner March 21. In that case, horse owner Brian Arendosh of Fairview Township agreed to surrender six of his nine horses to Equine Angels.

Arendosh later said he was “railroaded” into surrendering the animals and vowed to fight through the courts to get back his horses. He also has threatened to file a defamation of character lawsuit against Vivirito, something that Kleinfelter did in June.

In the Kleinfelter case, six previous attempts at holding the hearing before District Judge Lewis Stoughton ended with continuances for a variety of reasons.

Vivirito appeared at two earlier hearings that were continued, but it was her failure to appear at Thursday’s hearing to testify that resulted in dismissal of the charge.

Vivirito arrived at Stoughton’s office 10 minutes after the charges were dismissed and after a call from state police Trooper Duwayne Baird of the Butler barracks, who had issued the citation to Kleinfelter.

Vivirito said she was not notified about Thursday’s hearing.

“I’m not a humane agent,” Vivirito said, frustrated that the trooper could not have testified himself in order to make the charges stick.

According to records at Stoughton’s office, a subpoena was sent by regular mail to Vivirito Feb. 19, said Cathy Craig, secretary. If mail is not returned, it is considered delivered, she said.

Other subpoenas were sent to Vivirito for hearings on Feb. 21, Dec. 17, Dec. 10, Sept. 20 and Aug. 13, Craig said. Another hearing was scheduled for Nov. 5, but no subpoena was sent and the hearing was continued, Craig said.

It’s unclear why there were so many continuances.

Vivirito blamed Kleinfelter, but he said there were health problems on both sides.

When Vivirito failed to appear Thursday to be a witness for the state at the hearing, the case was dismissed after a motion by Kleinfelter’s attorney.

“We’re not trained to look at animals,” Trooper Baird said before the hearing. “We recently obtained an officer who is the animal cruelty liaison.”

That officer, Trooper Shawn King of the New Castle barracks, had not been hired when Baird issued the citation, he said.

“No horses were taken (the day the citation was issued.) No way,” Kleinfelter said before the hearing. “I’m a licensed farrier. I had an apprenticeship under a farrier at Penn State.”

He denied Vivirito’s charges and filed a defamation of character lawsuit against her June 8. The suit is still pending and neither Kleinfelter nor his attorney, Thomas J. May, of Butler, would comment.

“He’s 100 percent innocent (on the animal cruelty charge),” May said.

In addition to Kleinfelter and his wife, Ann, five horse owners attended the hearing.

“The three of us are just open-minded,” said Don Clouse of the Oneida Dam area, speaking for himself and two friends. “When is and when isn’t a horse being abused?” he said.

After the charges were dismissed, Clouse also commented.

“I was satisfied with the verdict without seeing the horses,” he said. “I don’t want anyone to mistreat a horse, but I would question her authority.

“I’ve had horses all my life. It just makes me nervous when a person can just come in and take them,” he said.