The discovery of a dozen dead horses in Black Forest Friday prompted a criminal investigation by the El Paso County Sheriff’s Office, but there has been no legal recourse to remove the remaining living horses on the property, sheriff’s spokesman Sgt. Greg White said Sunday.

At least 12 horses were found dead, covered with tarps, by a woman renting part of the property on the 5400 block of Burgess Road, off Milam Road.

Another 10 remained alive, the sheriff’s office said.

The cause of the horses’ death, White said, has not been determined and it wasn’t clear if the sheriff’s office would order necropsies for each of the dead animals. According to the legal definition of animal cruelty, the sheriff’s office has no ground to seize the surviving horses, White said.

“The law on animal cruelty is very specific and requires a series of conditions that have to be met to fit the definition of cruelty and neglect,” White said. “The horses have food, they have shelter, and none of them will die today. Because of that, we cannot legally take possession of the horses.”

The sheriff’s office mounted unit is conducting the investigation to determine if anyone will face criminal charges.

“This is a criminal investigation and just because we haven’t arrested anyone, it doesn’t mean we won’t,” White said. “It just means that at this point in the investigation, there isn’t enough evidence or probable cause to do so.”

Mounted unit investigators determined that while the appearance of the living animals was disturbing, none of the horses were in immediate danger and none of them had to be euthanized, the sheriff’s office said.

The owner of the horses, who was not identified, has been cooperative and receptive to working on a plan to continue caring for the horses and improving their living conditions, White said.

“If any of the animals had been in imminent danger, they would have been removed from the property,” White said. “Their owner has provided them with food and water, which they had all along, and is making arrangements to clean up their area and take better care of them.”

News of the horses’ discovery gripped the attention of the Black Forest community, as many people called the sheriff’s office and not only expressed outrage, but offered help, White said.

“We truly appreciate the outpouring of support and concern the citizens have shown in this case and we will make use of their generous offers to help if they become necessary,” White said. “It speaks volumes of the residents of Black Forest and how much they care about their animals and each other.”

Marty Jackson, a board member with the Colorado Horsecare Food Bank, said she called the sheriff’s office Friday offering to provide hay for the horses living on the property, but had not heard back as of Sunday.

The Food Bank provided 60 tons of emergency hay and grain to horse owners affected by the Black Forest fire in June 2013 and about 200 tons of hay to northern Colorado horse and livestock owners after the September floods.

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Contact Andrea Sinclair: 636-0235

Twitter @GazetteAndrea