Grim picture of McConnell’s soring practices described
Prosecutors have got painted a grim painting of soring as well as the practices used yesteryear Jackie McConnell inwards seeking probation as well as a heavy fine against the walking Equus caballus trainer.
Assistant U.S. of A. of America Attorney Steven Neff has filed a 16-page document explaining the plea bargain made amongst McConnell ahead of the September xviii sentence.
Neff said piece the authorities recognised Earth outcry as well as wishing to encounter important jail fourth dimension against violators of the Horse Proection Act (HPA), the sorry reality is that the police clitoris did non possess important teeth inwards the cast of statutory maximum punishments as well as sentencing guidelines calculations.
McConnell faces judgement on i accuse of conspiring to violate the Horse Protection Act, the firstly accuse inwards a 52-count indictment against him. The human activity bans the practise of soring, the operate of chemic as well as mechanical irritants to sensitize the lower legs as well as encourage the high gait so desirable inwards the walking Equus caballus industry.
The indictment followed the filming of clandestine footage yesteryear the Humane Society of the U.S. of A. of America of McConnell as well as others involved inwards abusive preparation practices.
Neff said the accuse admitted yesteryear McConnell was the most serious offense amongst which the accused was charged.
Neff noted that the maximum penalty for the offense is 5 years imprisonment, iii years supervised release, a $US250,000 fine as well as whatever lawful restitution.
The parties, however, entered into a plea arrangement, agreeing that probation rather than imprisonment was appropriate inwards the case.
“The buy as well as resale of Tennessee Walking Horses, therefore, is fraught amongst fraud when based upon results which are skewed because they are artificially-enhanced as well as non the production of the natural abilities of the horses.
“The recommendation for probation rather than imprisonment does non hateful that the U.S. of A. of America supports a judgement inadequate to address the seriousness of the crimes amongst which the accused was charged or the acts which back upward the factual footing to which he agreed.
“The United States’ seat is that a important judgement to the extent permitted yesteryear law, inside the confines of the defendant’s guilty plea, is both warranted as well as appropriate given the defendant’s long-term defiance of federal law.”
Neff said he wanted the courtroom to impose the maximum term of 5 years’ probation as well as a important fine.
“The accused has important assets, every bit the pre-sentence written report lists his total cyberspace worth every bit over $US2.2 million.
“The courtroom should impose weather condition of probation requiring the accused to divest all activities relating to the training, exhibition, transport, sale, as well as contact amongst horses to ensure compliance amongst the terms of probation for the entirety of the court’s supervisory jurisdiction over him.
“These requirements are especially of import inwards low-cal of the defendant’s long as well as entrenched history of non-compliance amongst the HPA.
“Preventing recidivism is of item importance inwards this case, especially given the defendant’s history of violating federal laws aimed at protecting horses.
“It is especially noteworthy that the accused committed these crimes piece nether a disqualification ordered yesteryear the U.S. of A. of America Department of Agriculture (USDA) for the really types of acts which are the acre of study of the criminal case.”
Neff said that, until recently, the defendant’s crimes were little-known as well as regarded, as well as rarely enforced.
“He operated inwards an surround inwards which leaders of the gaited Equus caballus communities ‘circled the wagons’ as well as protected those engaged inwards a civilisation of abusing horses as well as engaging inwards fraud.
“Due to a lack of resources as well as the inability to engage inwards meaningful enforcement measures, administrative procedures established yesteryear the authorities did piddling to curb the do of soring horses to create the ‘big lick’ gait valued yesteryear judges of gaited Equus caballus competitions.
“The do of fraudulently identifying trainers of the horses involved inwards the competitions became rampant every bit the accused as well as others inwards the manufacture attempted to shield themselves from the administrative consequences that did be for transporting, entering, as well as showing horses which had been sored.
“The defendant’s history of violating the Horse Protection Act dates dorsum to 1979 as well as includes iv periods of disqualification resulting from violations of the Horse Protection Act.
“Despite repeated citations, fines, a five-year USDA disqualification, as well as multiple Equus caballus manufacture organisation imposeds suspensions, the accused has continued his long-standing do of soring horses inwards violation of the HPA.
“Most recently, he had his trainer’s license suspended from Oct 2006 through Oct 2011. Despite this suspension, he was cited for violating his intermission as well as fined inwards 2009.
“However, the accused continued to develop horses for other individuals, using illegal methods of soring such every bit applying caustic chemicals to horses’ pasterns, every bit good every bit committing diverse acts of brute cruelty nether Tennessee law.
“Not solely did he commit these acts, but the accused directed others to violate the police clitoris as well as oversaw a criminal company centered on so doing.
“Evidence of his actions was captured via video recordings.
“Additionally, 2 horses brought yesteryear the accused to the National Walking Horse Celebration, held inwards slow August through early on September, 2011, were disqualified afterwards beingness found to have got been sored inwards violation of the Horse Protection Act.
“A federal search warrant was executed at the staging barn owned yesteryear i of the defendant’s horse-owning clients as well as used yesteryear the accused during the Celebration, which yielded numerous chemicals that have got been laboratory analyzed as well as determined to incorporate mustard crude oil as well as hydrocarbons consistent amongst kerosene or diesel – all substances prohibited nether the Horse Protection Act as well as used to drive painful burns on horses’ legs.
“The legs of all twelve horses transported to the Celebration yesteryear the accused were swabbed, laboratory analyzed, as well as tested positive for chemicals prohibited yesteryear the Horse Protection Act.
“Furthermore, during an brute welfare inspection of the defendant’s barn on March 1, 2012, 8 of the 26 horses inspected yesteryear a USDA veterinary medical officeholder as well as an independent equine veterinary were found to live sore yesteryear both veterinarians.
A search of a dumpster behind the defendant’s barn had yielded numerous plastic wrappings emitting a rigid chemic odor consistent inwards type as well as aroma amongst wrappings removed from the horses he had trained as well as entered into the Celebration that tested positive for prohibited chemicals the previous August.
The dumpster also contained numerous hypodermic syringes similar inwards type to those used to administer painkillers to horses.
“These syringes had volumes likewise small-scale for the management of other usually used drugs such every bit antibiotics. Analgesics are given to sored horses to mask hurting responses as well as to conceal the soring itself during inspection.
“A search of the defendant’s truck revealed a gear upward of grossly overweight leg chains, also called “action devices,” that had lately been used as well as were soundless covered inwards grease.
“These facts dot that the accused continued his 30-year do of soring horses as well as took steps to conceal his criminal activities.’
Neff said wealthy as well as influential owners similar about of those who patronized the defendant’s preparation line concern for a long menses of fourth dimension knew or should have got known that he was utilizing soring practices.
“This would have got been self-evident from the large seat out of violations reflected inwards the administrative tickets as well as suspensions that he, his employees, as well as the owners themselves received for soring over the duration of the menses inwards which he trained their horses.
“Nevertheless, they continued to pay him large amounts of coin to proceed the preparation fifty-fifty piece he was federally disqualified from doing so.
“This demonstrates that the credence of soring is so steeped inwards the civilisation of gaited Equus caballus competitions yesteryear owners that it is perfectly acceptable to violate federal police clitoris inwards monastic say to teach ribbons as well as trophies as well as brand important profits from the sale of entitle horses as well as breeding fees, despite the fact that many of the horses won because trainers similar the accused cheated.
“The buy as well as resale of Tennessee Walking Horses, therefore, is fraught amongst fraud when based upon results which are skewed because they are artificially-enhanced as well as non the production of the natural abilities of the horses.
“The individuals who buy these horses, therefore, would live victims of fraud themselves unless they were aware of the illegal preparation practices.
“The accomplish of soring so permeates the manufacture that it has teach extremely hard to observe an equine veterinary inwards Tennessee to bear witness nearly soring practices, lest he alienate his clientele who follow these practices of soring as well as lose their business.
“The destination resultant is that soring continues unabated, as well as its victims – the horses – are paying an enormous price.”
Neff noted that the probationary judgement sought would encounter McConnell lose his correct to vote, grip world office, serve on a jury, possess a firearm or ammunition as well as other related privileges of US citizenship.
“These formal consequences be inwards add-on to the ‘unofficial’ consequences the accused faces such every bit loss of reputation as well as honour inwards the community.
“The defendant’s life work, business, reputation, as well as accolades have got all been stripped every bit a resultant of this prosecution as well as his guilty plea.”
Neff said the i expanse of the illustration where the courtroom could promote honour for the police clitoris was inwards the arena of fiscal penalties.
“The courtroom has the mightiness to impose an extensive fine nether the statutory system – upward to $US250,000 – as well as the U.S. of A. of America urges the Court to exercise its ascendency inwards this expanse to the utmost.”
Neff said the prosecution of McConnell as well as others, along amongst the publicity surrounding the liberate of the video produced yesteryear humane society as well as used every bit evidence inwards this case, had helped expose the widespread cruelty against Tennessee Walking Horses as well as opened the eyes of the land to the occupation for i of the firstly times since the statute was enacted inwards 1970.
“That resulted inwards several consequences, including the withdrawal of major corporate sponsors, disruption of ill-gotten fiscal gains based on violations of the law, as well as the beginnings of a stop to the illegal practices of soring.
“There has also been give-and-take that nation as well as federal legislators are discussing strengthening the existing laws.”
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