Case Details

Horse shot
Warsaw, OH (US)

Incident Date: Friday, May 2, 2003
County: Coshocton
Local Map: available
Disposition: Not Charged

Person of Interest: Francis Hilton

Case ID: 1360
Classification: Shooting
Animal: horse
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Animal was offleash or loose
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A shotgun shooting of a horse on the land of Francis Hilton of 28960 TR 33 in Jefferson Township led to injuries on May 2. The horse was one of three animals owned by the neighboring family of Shelly Kuchinka of 28790 TR 350. The horse got out of a broken fence and ended up on the Hilton property that morning.

According to Estelle Hilton, wife of Francis Hilton, he fired into the trees because the horses were behaving in a wild and threatening manner toward both property and their great-nephew.

The horse, called "Ripper," was treated at the Ohio State University veterinary clinic and has since been returned to the Kuchinka farm.

But the deputies reporting the case, as well as neighbors and the horse owners, thought the shooting unjustified.

Coshocton County Humane Officer Chris Sturtz is concerned that the fact that this case hasn't been pursued as a criminal case might serve as a precedent.

"I don't want people to think this is a license to kill," Sturtz said. "I live on a farm -- we have horses and cattle. I have forgotten to shut a gate before."

Other cases involving animal shootings tend to occur out of sight from the rest of the world, Sturtz said, and therefore there are no witnesses. The animals in such cases are usually dogs. To the owners of such animals, they are never seen nor heard from again, and the owners remain unaware of the animal's fate.

But, Sturtz added, a landowner shooting an animal is not often held liable unless there is evidence. And in most cases, Sturtz said, there are no witnesses.

She said that if the loose animal causes damage to a neighbor's property, the animal owner is financially responsible for that damage. If the animal is shot, the shooter can be held responsible for veterinary bills or compensation for a dead animal.

Kuchinka has said she intends to pursue the case in civil court to recover expenses related to the shooting of her horse.

Although the police prosecutor in the case of the horse shooting on the Hilton property declined to pursue a criminal case, the Humane Society may, by Ohio law, attempt a prosecution of its own, according to Medina County attorney Jeff Holland.

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References

Coshocton Tribune

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