Nevada County Superior Court Judge Candace Heidelberger held off Tuesday on ruling whether a Big Oak Valley man will go to trial on seven counts of felony animal cruelty.

After a lengthy preliminary hearing on the evidence against Louis Silva Jr., Heidelberger took the matter under submission and will issue her decision at 9 a.m. Thursday.

Silva allegedly was not caring adequately for a menagerie of animals that included miniature horses, goats, llamas, emus, turkeys and donkeys. Nevada County Animal Control removed more than a dozen animals from his Hutto Road property, west of Penn Valley, in late March and early April.

Animal Control Officer Dan Whitaker testified Tuesday that he went out to the property on March 15 in response to a call about a dead llama. He said he found many animals in a barn that appeared to be in “pretty poor condition,” and found no water or food for any of the animals other that a half-bale of very moldy, wet hay.

He testified that he returned later that afternoon and found a second llama down in the mud.

Sgt. Shirley Falls, the head of Animal Control, testified she went to the scene the afternoon of March 15, and described the animals as emaciated and the conditions as horrendous with animals standing in feces and urine.

Falls testified that Silva showed up but showed no concern for the dead and downed llamas. She later testified that Silva told her he would pick up food on Saturday and “they would be fine until then.”

“My response was that was unacceptable,” she said, adding that she returned the next day and again discovered no food or water for the animals.

The llama that had been in distress the previous day “could barely raise its head” and was bleeding from the eyes, Falls said, noting the decision was then made to dispatch the animal.

Falls and Whitaker both testified that Animal Control had been called out to Silva's property several times in the previous years for complaints of animals without food or water.

Veterinarian Jennifer Mather testified to the condition of the animals that led to six of the counts — the seventh relates to the dead llama, which she did not examine.

Two goats showed signs of gastrointestinal issues, possibly caused by parasites, and one had a severe lice infestation, Mather said. A miniature horse was markedly underweight and was lame in a rear leg, and several llamas were very underweight, she said. The llama that had been euthanized weighed 131 pounds, where even a small female should weigh at least 200 pounds, Mather said.

Mather estimated the weight loss could not have happened in a short period of time, but was due to a lack of adequate nutrition for at least six weeks. She said it was unlikely the animals had gone without food or water for as long as 10 days. She discounted the possibility of oak poisoning, noting she saw no evidence of hemorrhagic diarrhea.

Nevada County Deputy District Attorney Oliver Pong said Silva was criminally negligent and should at least be held to answer on the counts involving two of the llamas, the miniature horse and the goat with lice.

“There was a pattern of lack of care to the point where the animals were wasting away,” he said.

Silva's defense attorney, Stephen Munkelt, said the conduct did not rise to a criminal level, saying “There was no ongoing intentional failure to provide sustenance to his animals.”

To contact Staff Writer Liz Kellar, e-mail lkellar@theunion.com or call (530) 477-4229.