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Attorneys/Judges
| Defense(s): | John Russo | | Judge(s): | Jim Short, Tim Weaver |
Images for this Case
117 sick, injured horses seized
Viola, AR (US)Incident Date: Thursday, Dec 9, 2010
County: Fulton
Charges: Misdemeanor, Felony CTA
Disposition: Alleged
Case Images: 1 files available
Alleged: Rodney Kankey
Case Updates: 5 update(s) available
Just how many days or weeks it has been since 80 to 100 horses have been fed in Fulton County is still unclear, but as of this morning "100 bales of Bermuda grass and a half ton of alfalfa high protein cubes" are en route to help save the starving animals.
The rescue got under way this morning after a search warrant was signed by Fulton County District Judge Jim Short Wednesday night giving permission to seize animals, registration papers, or any other papers or items that may contain information.
The warrant was designated for property belonging to Rodney and Bill Kankey.
The move to take the horses began Tuesday after a Fulton County deputy was called to remove a horse off the highway on U.S. 62 between Salem and Viola.
After securing the horse, Deputy Lance Gray found there was no food, no water and one dead horse in the field, prompting him to further investigate possible animal cruelty.
The horses belong to Rodney and Teri Kankey, who live next door to Bill and Charlotte Kankey, the parents of Rodney.
Rodney Kankey, 49, is currently being held in the Fulton County jail on a $250,000 bond not related to the alleged abuse of the animals. He has been incarcerated since Thanksgiving for terroristic threatening and being a felon in possession of a weapon.
Teri Kankey, who is estranged from her husband, attempted to remove the horses from the property, which is owned by her in-laws, Bill and Charlotte Kankey, but was unable to do so, authorities said.
Gray said he advised Bill and Charlotte Kankey of the law on animal cruelty and that he would be contacting the American Society for the Prevention of Cruelty to Animals and the Humane Society of the Untied States in reference to the horses' welfare.
This morning the rescue mission got under way.
Arkansas State Director Desiree Bender with HSUS, along with three Missouri officials with the ASPCA met with law enforcement officers at the Fulton County Sheriff's Office at 8 a.m. before heading to the property about 6.8 miles between Salem and Viola.
Shortly after Gray and Salem Police Chief Albert Roark served Bill Kankey with the warrant, the team began working to secure the property and take a head count of the animals.
According to Roark, Bill Kankey claimed only four of the horses on the property were his.
Bender said the group would begin by counting the horses and assessing needs, which will be an expensive operation, due to the number of animals involved.
The group began counting, photographing and taking notes on the Kankey premises.
The warrant gave access to the home including all storage areas, rooms, attic, basement, outbuildings, barns, trash containers and the surrounding grounds of the residence, and including any and all vehicles and persons present at the scene.
Bonnie Dean, shelter operations manager and veterinarian tech with the ASPCA, said her job would be to check the animals' medical needs and assess them.
Roark said there would be obvious medical needs, explaining a local veterinarian had suggested they use caution after coming in contact with the animals saying some have been diagnosed with strangles, also known as horse distemper.
A quick count of the lot and barn directly behind Rodney Kankey's home held approximately 95 horses. All food containers were empty and no water was in sight for those housed in the barn. Some stalls contained only one horses while others held several.
Horses left in the barren field did have access to a pond on the property.
Rodney Kankey, authorities said, is a broker for the horses designated for slaughter.
The rescue team said it would be difficult to find placement for such a large number of horses, but the call would go out nationwide to find homes in an "already over saturated market."
The team prepared to search and secure the acreage and find the dead horses "piled at the back of the property."
Roark said he did not know the number of dead horses involved, but they would have to be properly disposed of. Photos of starving and dead horses were also obtained from a concerned citizen.
In addition to the Fulton County charges, Rodney Kankey was recently arrested in Marion County for allegedly stealing a horse and committing other crimes. He posted a $10,000 bond following his arrest. Marion County Sheriff Roger Vickers said Rodney Kankey is charged with felony theft of property, criminal mischief, criminal trespass and harassing communications.
Kankey's arrest stems from an incident in September when he allegedly trespassed on another person's property, caused damage to a gated area and then took a horse that did not belong to him.
Currently no charges have been filed in connection with the animals.
Case UpdatesMountain Home Attorney John Russo is making a third attempt to help his client, Rodney Kankey, regain custody of more than 100 horses seized from his Viola farm in December of 2010 because of animal cruelty allegations.
A motion filed in Fulton Circuit Court on July 28 requests that Judge Tim Weaver reconsider a recent decision regarding custody of the horses, or grant Kankey a new trial.
The horses were seized after the Fulton County Sheriff's office obtained a court order, with the help of the ASPCA and Humane Society of the United States.
Following a Fulton District Court trial in January, the ASPCA and Humane Society hoped to hold adoption events to find new homes for the horses, who are doing well after receiving proper food, water and medical care.
Judge Jim Short ruled there was evidence the horses had been abused and awarded the horses to the ASPCA, unless Kankey paid a $50,000 bond and filed an appeal.
While Kankey did not post the required bond or file an appeal within 30 days, the case was on hold because of delays in obtaining the results of a court ordered mental health evaluation.
The mental health evaluation ruled Kankey is competent to stand trial for the criminal charges he faces.
After hearing arguments at a June hearing on the civil case over the horses, Judge Weaver ruled the Sheriff's Department obtained a valid search warrant, after gathering evidence that the horses were being abused by neglect.
Judge Weaver also ruled Kankey had failed to post bond and file a timely appeal, apparently clearing the way for the ASPCA to gain control of the horses and find homes for them.
In his July 28 motion, defense attorney Russo claims that the January decision by Judge Short was unconstitutional, because District Court jurisdiction is limited to civil matters where personal property in dispute does not exceed $5,000 in value.
Because the value of the horses seized from Kankey exceeds $5,000, Russo's motion asserts that District Court Judge Short had no jurisdiction in the case and his decisions are "null and void."
Russo goes on to state, "Where the lower court lacks jurisdiction, dismissal is an appropriate disposition of the case."
Since Russo claims Judge Short's decisions were invalid and Weaver upheld Short's rulings, the new motion asks Weaver to reconsider his decision and, in the least, grant Kankey a new trial over his claim the horses were illegally taken and should be returned to Kankey.
Besides the civil case, a December 6 trial is scheduled for the five felony and 113 misdemeanor criminal charges Kankey faces because of the alleged animal cruelty. | Source: areawidenews.com - Aug 14, 2011
Update posted on Aug 14, 2011 - 11:20AM |
A Fayetteville attorney has filed a complaint seeking $200,000 from Rodney Kankey, his family and, possibly, others for the care of 116 horses seized from Kankey's farm last December.
Attorney W.H. Taylor filed a complaint in Fulton Circuit Court in behalf of the ASPCA (the American Society for the Prevention of Cruelty to Animals) and the Humane Society of the United States.
The two animal protection agencies were called to Kankey's farm on Highway 62-412 in Viola on December 7, 2010.
The Fulton County Sheriff's Department requested assistance in evaluating a large number of horses found on the farm without proper food, water or medical care.
After confirming the horses had been neglected for some time and many suffered from illnesses and injuries, the organizations obtained court permission to seize the horses on Dec. 14 and move them to the old Mountain Home Livestock Auction, where an emergency shelter had been established.
After nearly four months at the shelter, the horses were moved in April to a central Arkansas farm, where they are still being cared for by the ASPCA and Humane Society.
According to Taylor's complaint, "Rodney Kankey has refused to either pay for the costs of the care of the horses or to release ownership of the horses so that the Plaintiffs can find new homes where the horses will receive appropriate care and treatment."
As a result, "the Plaintiffs have been forced to spend in excess of Two Hundred Thousand dollars ($200,000) to care for the horses as of the date of the filing of this action (May 4)..."
The court complaint goes on to claim that Rodney Kankey and his family have been "unjustly enriched," as the animal protection organizations have "provided food, water, shelter, veterinary services, care and other services" to the horses.
The court filing asks "for judgement in a sum in excess of $200,000 to be determined at trial for the costs of care of the horses in question..."
Taylor also asks for the right to place a lien against the Kankey's property if full payment of a judgement is not made.
Besides Rodney Kankey, the lawsuit names Kankey's wife, Terry, his daughter and son, Cheyenne and Colton, and his mother and father, Bill and Charlotte, as defendants.
Also named are 1 to 20 "John and Jane Doe Defendants." They are described as "individuals who may be legally responsible for the care of some or all of the horses in question."
On Jan. 28, District Judge Jim Short ruled, following a trial in his courtroom, that the horses were lawfully taken from Kankey's property because they were not being fed or maintained.
Short ordered Kankey to post a $50,000 appeal bond with circuit court by Feb. 10 or ownership and custody of the horses would go to the ASPCA, which would have the right to find homes for the horses.
Kankey's attorney, John Russo, did not file an appeal until Feb. 25 and the required bond has never been posted.
But the ASPCA and Humane Society still do not have the right to place the horses in new homes.
An appeal hearing has been delayed, as has action on criminal charges against Kankey, because of delays in obtaining results of a court ordered mental health evaluation.
Kankey is to appear in court again on June 20, at which time the status of the cases against him will be updated.
Besides the civil suit over horse ownership, Kankey faces criminal animal cruelty charges plus charges of assault, terroristic threatening and illegally owning a firearm.
Kankey is currently free on bond. | Source: areawidenews.com - Jun 2, 2011
Update posted on Jun 3, 2011 - 12:43PM |
Following three exhaustive weeks of investigation, authorities arrested Rodney L. Kankey Thursday on five felony charges of aggravated cruelty to a horse. Kankey, 49, of Viola also faces 113 misdemeanor cruelty to animals charges. Each felony charge carries a maximum of six years in prison upon conviction.
Kankey was arrested by Boone County Sheriff's deputies on Thursday and brought to the Boone County Detention Facility where he was being held on the arrest warrant from Fulton County.
"We are actively working on a case against him," Boone County Sheriff Danny Hickman said.
"We responded to a call in the northern part of the county, then, acting on a good investigative work and a tip, my deputies were able to arrest a fugitive," Hickman said of Kankey's arrest.
The affidavit for Kankey's arrest states that on Dec. 7, Fulton County deputy Lance Gray went to a call at Kankey's 6644 U.S. Hwy. 62 home to help people get horses off the highway and back into a corral on Kankey's property.
As Gray did so, he noticed a dead white horse that appeared to have been partially eaten by animals. Gray noted the other horses appeared to be in poor health and that there appeared to be no food, hay or water for the horses, according to the affidavit.
Two days later, authorities went back to Kankey's property and seized 116 live horses. Three dead horses were found on the property, according to the affidavit.
The affidavit states that veterinary Dr. Rhonda Windham performed field necropsies on two of the horses and determined they "starved to death" and that starvation "caused intensive and prolonged pain before death."
The affidavit lists the following information regarding living conditions found when authorities seized the horses and their health:
# No access to sufficient and wholesome food.
# No access to clean water.
# Hazardous conditions present; close confinement left weak and injured or lower ranking horses to be traumatized by the dominant horses inflicting physical abuse by dominant horses kicking, biting and forcing these horses into hazardous materials left on the ground. Lower ranking horses were not able to gain access to what food was available.
# Environmental neglect; debris, rolls of cable, torn fences, rusted metal pieces and other hazards. Terry Kankey (Rodney Kankey's wife) admitted that months ago a three-year-old mare sliced her throat on a piece of metal and subsequently died as a result of the self-inflicted injury due to environmental neglect.
# Herd is suffering as a result of owner's neglect to properly care for the feet of all equines (horses). Lack of care to equine's feet with much of the herd experiencing difficulty walking, or serious hoof conditions. The hoof is the very foundation of the equine animal.
# Herd suffering from varying degrees of strangles; a highly contagious and serious infection in equines. Equines show signs of a generalized infectious process (depression, inappetance and fever), a soft cough and slight but painful swelling of the mandibles, with swelling of the submandibular lymph node. Many of the equines positioning their heads low and extended, so as to relieve the throat and lymph node pain. Classic strangles is a severe infection that can be fatal, usually because of a variety of complications that occur from a lack of medical care.
# Parasite infestation present with abdominal bloating, rub marks on tail and points of buttocks, poor body weight and hair coat.
# Lack of sufficient shelter to block the cold winds in winter.
# Lack of medical care provided to more than 50 percent of the horses that had signs of disease or injury.
Desiree Bender, Arkansas State Director for the Humane Society of the United States, and Kyle Held, Midwest U.S. Director for American Society for the Prevention of Cruelty to Animals, visited Kankey on his Viola Farm in May after receiving numerous complaints regarding the condition of his horses.
Kankey declined to allow Bender and Held on his property to further investigate and declined to take any of their advice regarding the horses and their care, according to Bender.
In late November, the size of Kankey's herd had roughly doubled, according to officials. About that time Kankey was arrested.
According to paperwork filed at the Fulton County Courthouse, Kankey was arrested on one charge of aggravated assault, one charge of possession of firearm by certain person and three charges of terroristic threatening. The charges carry a maximum total prison sentence of 44 years.
Those charges stem from a series of incidents on Nov. 13 and Nov. 25.
The affidavit states Kankey's wife Terry Kankey told authorities that Nov. 13 he threatened to cut off her fingers. Kankey's father-in-law Jerry Dorsey told authorities Kankey called him Nov. 25 and said, "he (Kankey) had bought two .223 rifles and that he was going to shoot Terry from a long distance and then would mutilate her body where no one could recognize her. Kankey also stated to Dorsey that he was going to kill him," the affidavit says.
The affidavit also says Kankey allegedly called Christine McFarland Nov. 25 "and stated that Terry Kankey, Christine and her husband Donnie were at the top of his list of people to kill."
Wesley Smith pulled into his mother's driveway on U.S. Highway 62 in Viola Nov. 25 and found Kankey standing by a truck, pointing his finger at him and yelling at him, according to the affidavit.
According to Smith, Kankey then reached into a pocket, pulled out a pistol, and began yelling at Smith that a truck sitting at Smith's uncle's garage was stolen and that Smith "had better start talking."
When Fulton County deputies arrested Kankey on Nov. 25, they searched him and found two loaded pistols, according to the affidavit.
On Dec. 22, Circuit Court Judge Tim Weaver signed an order requiring Kankey to get a mental evaluation in connection with the aggravated assault and terroristic threatening charges.
Kankey was eventually released after his bond was reduced from $250,000 to $100,000. His release came shortly after authorities seized his horses.
Kankey's jury trial date for the violent felony charges has been set for March 8-11.
No trial date has been set for Kankey's felony animal cruelty charges yet.
"The Fulton County 16th Judicial District deputy prosecutor Dwayne Plumlee and the Fulton County Sheriff's Office have been great partners in this case. Their cooperation, professionalism and willingness to help has resulted in one of the largest and most serious animal cruelty cases prosecuted in Arkansas since Act 33 passed," said Bender of the HSUS.
"Animal Cruelty should not be tolerated in any community, and we're pleased that Kankey was held accountable for blatantly neglecting his animals," said ASPCA spokesman Held. | Source: baxterbulletin.com - Dec 31, 2010
Update posted on Jan 1, 2011 - 1:36AM |
Rodney L. Kankey of Fulton County is being interviewed Thursday at Boone County Sheriff's Office concerning a warrant for multiple animal cruelty and neglect charges in Fulton County, as well as an unrelated theft charge in Boone County.
While Kankey was detained in Boone County on the theft charge, Fulton County authorities issued a warrant for five felonies and 112 misdemeanors related to animal cruelty and neglect involving horses. The warrant was faxed to Boone County and served on Kankey while he was detained there.
Earlier this month, authorities seized more than 110 horses from Kankey's Fulton County farm, many of which showed signs of starvation and neglect. | Source: baxterbulletin.com - Dec 30, 2010
Update posted on Dec 30, 2010 - 9:34PM |
More than 100 horses on a farm west of Viola have been secured by the Fulton County Sheriff's Department.
Sheriff's Deputy Lance Gray found many of the horses sick, injured and neglected and without food Thursday. Fulton County District Judge Jim Short authorized the search of premises that belong to Rodney Kankey or Bill Kankey at 6644 U.S. Hwy. 62. Gray told the judge he was dispatched to the area and found several horses loose and on the highway and a dead horse in the area where the horses has been held without food or water, according to a search warrant.
A total of 116 horses were secured.
Officials with the Humane Society of the United States, the American Society for the Prevention of Cruelty to Animals and the Arkansas Livestock and Poultry Commission were called to the scene and were to remain there today assessing the needs of each animal.
Desiree Bender, state director of the Humane Society of the United States, said Thursday's visit to the Kankey place was a second stop there. HSUS was first called to the residence on May 20 after receiving reports of suspected animal neglect. She said she was greeted by Rodney Kankey and access to the animals was denied.
"That usually doesn't happen if a horse owner has health records and everything in order," Bender said. She said she was instructed by Kankey not to come back to the property.
Kyle Held, Midwest U.S. director of American Society for the Prevention of Cruelty to Animals, said many of the horses have "strangles disease" caused by a highly contagious virus that attacks the upper respiratory airways in horses.
Held said the horses graded on the Henneke Equine Body Scoring system found many at the first level.
"At that end of the scale the horse looks like a walking skeleton," he said. The scale rates horse bodies on a scale of 1 to 9. A few horses were rated at the 7-8 area of the scale, he said.
Held noted many horses struggled with untreated leg fractures and many with open, untreated wounds.
In one area of the tract, 67 horses has been held for days or weeks in a fenced area less than six acres in area.
Bender said the horses would be fed and treated at the Viola location until they're well enough to transport to designated rescue farms around the U.S.
Held said he believes a substantial majority of the horses are friendly and well mentally and should recover from their physical ailments to become handsome and healthy animals again.
Although no criminal charges had been filed against the owners of the horses on Thursday, Bender said she believes substantial evidence exists to warrant animal cruelty charges and in some cases animal torture. | Source: baxterbulletin.com - Dec 10, 2010
Update posted on Dec 10, 2010 - 10:16AM |
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