Jackie McConnell gets probation, $US75K fine
Walking Equus caballus trainer Jackie McConnell has been sentenced to 3 years’ probation in addition to fined $US75,000 for Equus caballus soring.
The judgement was handed downwards today yesteryear US District Judge Harry “Sandy” Mattice inwards federal courtroom inwards Chattanooga.
McConnell,60, faced judgement for i admitted breach of the Horse Protection Act, which was the maiden of all accuse inwards a 52-count indictment set against McConnell.
The charges arose subsequently undercover video emerged of McConnell in addition to others soring horses.
McConnell admitted the maiden of all count every bit percentage of a plea bargain inwards which he would avoid jail.
He must study all his dealings amongst horses inwards federal court.
Two employees of McConnell’s stable inwards Collierville, Joseph Abernathy,30, in addition to Jeff Dockery, 54, were also sentenced for their occupation inwards the abuse of horses. Each was sentenced to a twelvemonth of probation. Neither was fined, but they were ordered yesteryear the gauge to write an article on Equus caballus soring.
Soring is illegal nether the 42-year-old Horse Protection Act. It involves the deliberate occupation of chemic or mechanical irritants to sensitize the lower legs of horses to encourage the higher gait so desirable inwards the walking Equus caballus industry.
McConnell has already been banned for life from the grounds of the Tennessee Walking Horse National Celebration in addition to has been removed from its hall of fame.
McConnell, who pleaded guilty inwards May to conspiring to violate the Horse Protection Act, told the courtroom that he took responsibleness for his actions.
Assistant U.S. of America Attorney Steven Neff had before filed a 16-page document explaining the plea bargain made amongst McConnell ahead of the sentencing.
Neff said piece the regime recognised the populace outcry in addition to wish to run across important jail fourth dimension against violators of the Horse Protection Act (HPA), the distressing reality was that the police did non possess important teeth inwards the shape of statutory maximum punishments in addition to sentencing guideline calculations.
Neff said the accuse admitted yesteryear McConnell was the most serious offense amongst which the accused was charged.
He noted that the maximum penalty for the offense is 5 years imprisonment, 3 years supervised release, a $US250,000 fine in addition to whatsoever lawful restitution.
The parties, however, entered into a plea arrangement, agreeing that probation rather than imprisonment was appropriate inwards the case.
“The recommendation for probation rather than imprisonment does non hateful that the U.S. of America supports a judgement inadequate to address the seriousness of the crimes amongst which the accused was charged or the acts which back upwards 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 in addition to appropriate given the defendant’s long-term defiance of federal law.”
Neff noted that McConnell had important assets, every bit the pre-sentence study listed his total cyberspace worth every bit over $US2.2 million.
He noted that McConnell had offended piece nether a disqualification ordered yesteryear the U.S. of America Department of Agriculture (USDA) for the real types of acts which are the dependent area of the criminal case.
Neff said that, until recently, the defendant’s crimes were little-known in addition to regarded, in addition to rarely enforced.
“He operated inwards an surround inwards which leaders of the gaited Equus caballus communities ‘circled the wagons’ in addition to protected those engaged inwards a civilisation of abusing horses in addition to engaging inwards fraud.
“Due to a lack of resources in addition to the inability to engage inwards meaningful enforcement measures, administrative procedures established yesteryear the regime did piffling to curb the practise of soring horses to make the ‘big lick’ gait valued yesteryear judges of gaited Equus caballus competitions.
“The practise of fraudulently identifying trainers of the horses involved inwards the competitions became rampant every bit the accused in addition to others inwards the manufacture attempted to shield themselves from the administrative consequences that did be for transporting, entering, in addition to showing horses which had been sored.
“The defendant’s history of violating the Horse Protection Act dates dorsum to 1979 in addition to includes 4 periods of disqualification resulting from violations of the Horse Protection Act.
“Despite repeated citations, fines, a five-year USDA disqualification, in addition to multiple Equus caballus manufacture organisation imposed suspensions, the accused has continued his long-standing practise of soring horses inwards violation of the Horse Protection Act.
“Most recently, he had his trainer’s license suspended from Oct 2006 through Oct 2011. Despite this suspension, he was cited for violating his interruption in addition to fined inwards 2009.
“However, the accused continued to educate 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 beast cruelty nether Tennessee law.
“Not exclusively did he commit these acts, but the accused directed others to violate the police in addition to oversaw a criminal venture 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 belatedly August through early on September, 2011, were disqualified subsequently 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 in addition to used yesteryear the accused during the Celebration, which yielded numerous chemicals that have got been laboratory analyzed in addition to determined to comprise mustard crude in addition to hydrocarbons consistent amongst kerosene or diesel – all substances prohibited nether the Horse Protection Act in addition to used to motility painful burns on horses’ legs.
“The legs of all twelve horses transported to the Celebration yesteryear the accused were swabbed, laboratory analyzed, in addition to tested positive for chemicals prohibited yesteryear the Horse Protection Act.
“Furthermore, during an beast welfare inspection of the defendant’s barn on March 1, 2012, 8 of the 26 horses inspected yesteryear a USDA veterinary medical officeholder in addition to 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 potent chemic odor consistent inwards type in addition to odour amongst wrappings removed from the horses he had trained in addition to 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 every bit good pocket-sized for the direction of other unremarkably used drugs such every bit antibiotics. Analgesics are given to sored horses to mask hurting responses in addition to to conceal the soring itself during inspection.
“A search of the defendant’s truck revealed a set of grossly overweight leg chains, also called “action devices,” that had lately been used in addition to were silent covered inwards grease.
“These facts request that the accused continued his 30-year practise of soring horses in addition to took steps to conceal his criminal activities.”
Neff said wealthy in addition to influential owners similar or so of those who patronized the defendant’s preparation concern for a long catamenia 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 publish of violations reflected inwards the administrative tickets in addition to suspensions that he, his employees, in addition to the owners themselves received for soring over the duration of the catamenia inwards which he trained their horses.
“Nevertheless, they continued to pay him large amounts of coin to move on 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 inwards lodge to larn ribbons in addition to trophies in addition to brand important profits from the sale of entitle horses in addition to breeding fees, despite the fact that many of the horses won because trainers similar the accused cheated.
“The buy in addition to resale of Tennessee Walking Horses, therefore, is fraught amongst fraud when based upon results which are skewed because they are artificially-enhanced in addition to 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 move extremely hard to detect an equine veterinary inwards Tennessee to show virtually soring practices, lest he alienate his clientele who follow these practices of soring in addition to lose their business.
“The goal final result is that soring continues unabated, in addition to its victims – the horses – are paying an enormous price.”
Neff noted that the probationary judgement would run across McConnell lose his correct to vote, handgrip populace office, serve on a jury, possess a firearm or ammunition in addition to 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 in addition to abide by inwards the community.
“The defendant’s life work, business, reputation, in addition to accolades have got all been stripped every bit a final result of this prosecution in addition to his guilty plea.”
Neff had urged the courtroom to impose a heavy fine.
He said the prosecution of McConnell in addition to others, along amongst the publicity surrounding the release of the surreptitious video produced yesteryear the Humane Society of the U.S. of America in addition to used every bit evidence inwards this case, had helped expose the widespread cruelty against Tennessee Walking Horses in addition to opened the eyes of the acre to the job for i of the maiden of all 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, in addition to the beginnings of a stop to the illegal practices of soring.
“There has also been give-and-take that set down in addition to federal legislators are discussing strengthening the existing laws.”
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