Episode 21 "Peppy Hoedown - Omak Stampede"

Episode 21 concludes Season 1 of our podcast with the unforgettable story of Peppy Hoedown, a horse who participated in the Suicide Race of the Omak Stampede. We'll hear what happens at the second contempt hearing of Carl Stocker in True Justice and listeners will get a preview of our upcoming Season 2.

Transcript

SPEAKER_01 0:05

The Smoke and Gavble Podcast is now in session. I'm retired Judge Chip Small, presiding over this podcast with my bailiff, Madeline Rose. We welcome you and ask you to join us as we look at our justice system from a unique, candid, and inside view. Maddie, what's on the docket today?

SPEAKER_00 0:23

Judge, our last few episodes have been pretty heavy, so you decided to change things today with the story of Peppy Hodown, a case you had many years ago. Then we'll conclude season one of our podcast with chapter 19 of True Justice and a look at the true crime cases we will cover in season two. So, Judge, who is Peppy Hodown?

SPEAKER_01 0:45

Peppy Hodown is actually a horse.

SPEAKER_00 0:47

A horse? Was it one of your horses?

SPEAKER_01 0:51

No, while we enjoy having many horses over the years, Peppy Hodown was not ours. Peppy was a horse that raced in the famous OMAC Stampede Suicide Race. But before we get into the specifics, I need to tell our listeners that while this story is true, I'm telling it based on my own memory. I may have some of the details wrong, but because of the unique nature of the case, it is one that I'll never forget.

SPEAKER_00 1:16

Okay, well tell us more. What is a suicide race and how did Peppy Howdown end up in your court?

SPEAKER_01 1:22

The suicide race is world famous. Except for safety measures that have been added, the race is run today as it was in 1935. It is a no-holds barred race on a course that starts 50 feet short of a sandy bluff, known as Suicide Hill, on the north bank of the Okanagan River. Horses and riders have that 50 feet to get their horses up to full speed before charging down the steep hill and into the river. They then cross to the south shore and sprint the last 500 yards to the Stampede Rodeo Arena where the crowd waits.

SPEAKER_00 1:56

That sounds crazy and dangerous.

SPEAKER_01 1:59

It is dangerous, that's for sure. But as I mentioned, there are safety measures, including requiring the horses and riders to pass three tests to demonstrate their ability to run in the race and navigate the river. There's a veterinarian exam to make sure the horse is physically healthy, a swim test to ensure horses can cross the river, and the hill test where riders ride their horses off the hill at a controlled speed to prove that the animals won't give way to fear at the brink, which could cause a dangerous pile-up. We're talking about a bluff, but it really looks like a cliff.

SPEAKER_00 2:33

Okay.

SPEAKER_01 2:34

Members of the Confederated Tribes of the Cowville Indian Reservation view the race as reminiscent of their traditions as horse warriors.

SPEAKER_00 2:43

Okay, so where does Peppy Hodown fit in?

SPEAKER_01 2:46

Well, as our listeners may have already guessed, Peppy Hodown was a horse that competed in the suicide race. Unfortunately, he was seriously injured, not on the way down the cliff, but rather as he climbed up out of the river. Apparently he broke his fetlock or ankle bone.

SPEAKER_00 3:04

So then how did he end up in your courts?

SPEAKER_01 3:08

Well, as I recall, his owners lived out of the immediate area, but they did own a small parcel of bare land outside of town. It was reported that they transported Peppy to their land to put him down and bury him. But they didn't have a backhoe to dig his grave. So they attempted to dig the grave by hand. Yeah, unfortunately, Peppy was in severe pain while they were digging, and he let them know it by unworldly screams. It got so bad that they decided to stop digging and put Peppy out of his misery when the grave was only about four feet deep. He dropped into the hole and they proceeded to cover him up as best they could. The problem began after they left to return to their home, which was out of the area, about a half hour and a half away.

SPEAKER_00 3:55

Okay, well, I think that we need a recess. That's that's a lot. So time for a recess, Judge.

SPEAKER_01 4:01

Okay.

SPEAKER_00 4:02

The Smoke and Gavel Podcast is sponsored by Judge Small Books and Gatekeeper Press, a full service publishing company empowering authors with complete creative control, professional guidance, and 100% royalties. Whether you're publishing your first book or your tenth, their team makes a process simple, transparent, and truly author-friendly. Listeners of our show can receive 10% off any publishing package with Gatekeeper Press just by mentioning discount code ChipSmall when requesting a quote or during your free consultation at gatekeeperpress.com. So what was the problem that ended up in your court?

SPEAKER_01 4:35

Well, sadly, because Peppy was not buried deep enough, the neighborhood dogs dug up his remains. It created a health hazard. When it was brought to the attention of the county, they could only find a mailing address for the property owners, but the health hazard had to be dealt with immediately. Consequently, the county cut the lock off the gate to the property, drove a backhoe in to dig a new grave. They then reburied Peppy in the grave, in the new grave, and sent a bill to his owners for the expense of properly burying Peppy.

SPEAKER_00 5:07

Okay. Is that where you came in?

SPEAKER_01 5:10

Not exactly. From what I remember, when the owners refused to pay, the county sued them in district court to recover the expense. The owners of Peppy Hodown then countersued, claiming emotional distress, in part because they claimed the county hadn't told them which end Peppy's head was buried, so they didn't know where to put the cross on his grave.

SPEAKER_00 5:34

Okay. Well, that seems like a reaching there, especially I don't know. I I mean I need to hear the rest of the story before I comment. So Okay.

SPEAKER_01 5:45

Well, the district court judge entered judgment against the owners and dismissed their emotional distress claim. I mean, but that wasn't the end of it. The owners appealed to Superior Court. For whatever reason, the local Superior Court judge couldn't hear the case. So I was brought in as a visiting judge to hear their appeal. At the end of the hearing, I affirmed the district court's ruling, granting a judgment against the owners, awarding attorney's fees to the county, and dismissing the emotional distress claim.

SPEAKER_00 6:17

Yeah, because I think you said something about a four-foot grave, right?

SPEAKER_01 6:20

Yep.

SPEAKER_00 6:20

And and I mean, even with humans, I we do six feet, so um Yep. Yeah, I mean, just my opinion only. That's not a fact, just my opinion. But yeah, that seems like they might have been a little bit irresponsible in um disposing of their horses' remains.

SPEAKER_01 6:38

There you go. But that wasn't the end of it. It's my recollection that they then sought review of my decision to our Court of Appeals.

SPEAKER_00 6:48

And where'd that go?

SPEAKER_01 6:50

Well, ultimately, the Court of Appeals affirmed my decision and awarded even more attorney's fees to the county.

SPEAKER_00 6:57

Oh, so they just kept racking up the bill.

SPEAKER_01 7:00

Yep. They were persistent.

SPEAKER_00 7:02

You attorneys get expensive. I I mean you you you weren't one for that long, right? Well, how many years were you an attorney?

SPEAKER_01 7:08

Thirteen.

SPEAKER_00 7:09

Thirteen. Okay, that that's actually pretty long. Thirteen years as an attorney and twenty-seven as a judge.

SPEAKER_01 7:13

Yep.

SPEAKER_00 7:14

My goodness.

SPEAKER_01 7:15

I did uh hear by rumor that uh the owners decided to put a cross on each end of the grave.

SPEAKER_00 7:23

Is it still there?

SPEAKER_01 7:24

I don't know.

SPEAKER_00 7:24

I don't know. Yeah, well super fun. Well, I think it's time to continue with true justice.

SPEAKER_01 7:33

Chapter 19. Friday morning, Arnie is loaded for bear. He meets Beverly outside the courthouse to escort her inside. Beverly looks like a nervous school teacher on her first day of school. Dressed in a modest tan blouse and complimentary pleated brown skirt, she warily looks around for Stalker. Arnie tries to reassure her everything is alright. Stocker was served with notice of today's hearing on Monday evening. Again, he has not filed anything in response. Arnie wonders whether he'll even show up. Upon entering the hearing room, Arnie is pleased to see his case is first on the court's docket. Consequently, he leads Beverly to her seat at the council table farthest from the entrance to prevent Stalker from walking past her when their case is called. Soon after they are seated, the bailiff orders All rise. As Arnie and Beverly stand facing the bench, Stalker hastily walks into the courtroom, glowers at them, and goes to the other council table. To Arnie's displeasure, the court commissioner is not the full-time family court commissioner who presided over the last hearing. She must be on vacation, dammit.

SPEAKER_00 8:47

We'll take up on the matter of the Stalker post-disillusion.

SPEAKER_01 8:51

The part-time court commissioner announces. Arnold Adams, representing Beverly Campbell, Your Honor.

SPEAKER_00 8:56

I presume you're Mr. Carl Stalker.

SPEAKER_01 8:59

The Commissioner asks. Yeah. Looking out over a full hearing room, the Commissioner is ready to proceed swiftly.

SPEAKER_00 9:07

The court has reviewed counsel's motion and affidavit, as well as the previous motion affidavit, the court's order, and the clerk's minutes of the last hearing. Is there anything else the court should have reviewed?

SPEAKER_01 9:18

Stalker is silent. Has your honor had the opportunity to review the entire court file in this matter? Arnie asks, hopefully. I have not, the commissioner says impatiently.

SPEAKER_00 9:29

You may proceed, Mr. Adams, and be brief. As you can see, we have a full docket this morning.

SPEAKER_01 9:35

Reluctantly, Arnie quickly summarizes the history of the protracted dissolution and how, since the entry of the decree and the final parenting plan, Carl Stocker has essentially done whatever he wants. Arnie asked for severe and immediate jail sanctions and expresses the belief that jail is the only way to get Stalker to follow the court's orders.

SPEAKER_00 9:57

Mr. Stalker, what do you have to say for yourself?

SPEAKER_01 10:00

I wanted to follow the court's order, but I didn't have time to tell the court that the girls and I had a fishing trip planned for last weekend. They had been looking forward to it for weeks, he lies. Your Honor, that is simply not true, Arnie protests. Further, there is no evidence offered to support such a ridiculous fabrication. Counseling has been this court's order for years, and yet the girls have not spent one minute in counseling since the decree was entered. Fishing is no excuse. I didn't want to disappoint my girls, Stoker stubbornly claims.

SPEAKER_00 10:36

Mr. Stalker, it is clear to the court that you understood the court's orders. You willfully failed to follow them, and regardless of whether this fishing trip was already in the works, it was your duty to reschedule it and follow the court's orders. That was a decision you made on your own. The court hereby finds you in the contempt of court again and sentences you to thirty days in jail. However, the court will suspend the jail time provided you pay the $1,000 fine previously suspended, make certain your daughters visit their mother the next five consecutive weekends beginning this evening, and schedule their counseling to begin next week.

SPEAKER_01 11:09

Starker appears unrepentant and glares at Arnie and Beverly. If looks could kill, they would have died right then.

SPEAKER_00 11:17

The court is signing the order, entering a judgment against you in the amount of $1,000, payable immediately to Miss Campbell, ordering the counseling and the additional visitation, and imposing a 30-day jail sentence, which is suspended on condition you fully comply with the order. Next case.

SPEAKER_01 11:35

Outside the hearing room, Stalker steps into Arnie's face. With the smell of liquor on Stalker's breath, he declares, Good luck trying to collect, counselor. He smirks and walks away. Standing behind Arnie, Beverly whispers.

SPEAKER_00 11:50

I told you so.

SPEAKER_01 11:52

Arnie bristles. Turning toward Beverly, he tells her, Miss Campbell, I assure you that this isn't over. Listeners, you've now heard how the second hearing with Stalker went. What will Carl Stalker do next? I'm afraid you'll have to wait until season two of the Smoke and Gabble Podcast to find out.

SPEAKER_00 12:11

Unless you buy the book.

SPEAKER_01 12:13

That's true. In season two, we will begin with episodes about the case of State vs. Jack Owen Spillman, known to you true crime buffs as the werewolf butcher. We hope to include an interview of the father of one of his victims, and possibly other interviews of those who were involved in his arrest and prosecution. I will also share my views of the other two evil people I've encountered during my career. Not surprisingly, one of these is Mr. Spillman. We have another Winanchee Sex Ring trial to present, one that was covered by the international media, and we have a murder for hire aggravated murder case that I presided over.

SPEAKER_00 12:54

Well, Chip, that was a really fun first season, and I look forward to the second one.

SPEAKER_01 12:59

I do too, Maddie. I think uh this is the start of something big.

SPEAKER_00 13:03

Well, we're gonna have a good summer break here, and hopefully people have binge watched to get to this point now. And I uh I definitely can I can promise the listeners that really juicy true crime stories are coming up if you haven't already felt that way.

SPEAKER_01 13:21

And and we will be back in just a few weeks.

SPEAKER_00 13:24

Oh no, no, no, no. In a few months.

SPEAKER_01 13:27

No.

SPEAKER_00 13:28

Okay, guys. Well, we'll see what happens. That that's to be determined. I guess you will we'll leave you on the edge wondering when season two is coming around.

SPEAKER_01 13:37

Thanks for listening today. We hope you enjoyed this episode of the Smoke and Gabble Podcast. We look forward to returning in a few weeks with season two.

SPEAKER_00 13:46

Or a few months after vacation.

SPEAKER_01 13:48

To learn more, visit judgesmallbooks.com. Don't forget to like, subscribe, and share to stay connected. Also, don't hesitate to send us questions and tell us to start in a few weeks instead of a few months. Until next time, God bless.

SPEAKER_00 14:04

Or ask him some questions to keep him busy. God bless.