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New Castle, KY (WDRB) -- A Henry County woman accused of animal cruelty and hoarding hundreds of animals gets another month to avoid any jail time.
Terri Smith wants home incarceration, but the prosecution is pushing for her to serve 60 days in jail as part of a plea deal.
District Judge Diana Wheeler still has to approve the sentence. She is giving Smith another 30 days to come up with a letter from her doctor starting why she can't serve time in jail. Smith's attorney argues she just had gall bladder removal surgery and is recovering from that.
Last month, Smith pleaded guilty to one county of animal cruelty and gave up her rights to hundreds of pets found on her property in December.
The prosecution says about 200 animals were rescued or adopted, six didn't survive, five horses were sold, and another 38 dogs are pending adoptions.
The county has received nearly $1600 from selling those animals that will go towards the $9500 in restitution that she owes.
Judge Wheeler says as she talks to Smiths' attorney, "Every time we come here you're wanting to renegotiate the deal that you all agreed to do. She agreed to pay this restitution. Now, you're saying she can't afford to pay the restitution. Ms. (Virginia) Harrod would have never entered into this recommendation based on our county, the cost these animals have been to our county, if there was never an agreement that restitution be paid. Now, you are saying she can't pay it?"
Smith says to WDRB's Valerie Chinn, "We want to tell, you know, what happened and like I said, it started way back, and he's got proof of that with him." Smith says at this point, she is not willing to share her side of the story.
The defense argues there were enough animals to fully pay for restitution, saying the county sold her pets for much less than market value.
Police say her husband Kenneth Smith killed himself, a few days after officials raided their home.
Terri Smith is expected back in court on June 25th.