Neglect of 12 miniature horses, one pony - Nickelsville, VA

Friday, Jul 28, 2006

A Nickelsville man charged with 13 misdemeanor counts of cruelty to animals involving miniature horses and ponies pleaded guilty to four counts during an Aug. 10 appearance in Scott County General District Court.

Grover Junior Kegley, 40, of Route 1, Box 522, Nickelsville, was charged July 28 with the counts dealing with 12 miniature horses and one pony discovered during the execution of a search warrant on his property in the McConnell Hollow community.

He entered the guilty pleas shortly after Judge Larry Lewis convened the court at 2 p.m. on Aug 10. Kegley's fate on the additional nine charges will be decided by Lewis after he reviews briefs filed by attorneys on both sides. He is expected to render a decision on final charges Sept. 5 at 9 a.m.

Scott County Assistant Commonwealth's Attorney Dan Fellhauer represented the commonwealth while Kegley is being represented by Norton attorney Carl McAfee.

During the trial, Scott County Animal Control Officer Rick Barger testified he had received a complaint July 27 of a pony that was suspected of living in a horse trailer for as long as two years.

Barger stated he observed the pony in the trailer putting his nose through the slats and found other miniature horses on the same property in need of medical attention. He added that he obtained search warrants and notified the state veterinarian's office and the Commonwealth's Attorney's office.

The animal control officer explained that the pony in the trailer had apparently not been taken out the trailer for some time. He said grass had grown up around the horse trailer, which featured plywood walls.

A search of Kegley's property revealed a total of 13 horses in various stages of health. Three miniature horses were very emaciated, Barger testified, and one had trouble walking.

Local veterinarian Dr. David Redwine examined one of the horses at the site after it fell down. The same horse was examined a couple of days later by veterinarian Dr. Bill Fuller after it suffered from seizures. Redwine looked at all of the horses as they were loaded into horse trailers to be taken off the property.

All of the horses are currently in the custody of members of the Scott County Regional Horse Association. One of the horses has died since it was removed from the property. The others remain in fair to good shape.

Barger said Kegley did not make any statements when he was formally charged.

Under cross examination by McAfee, Barger agreed with Redwine's report but he believed the horses provided their own care. He also said several of the horses appeared to be in a little better shape but one had terrible problems with its feet.

Redwine, who was the next witness for the commonwealth, said some of the horses in the third field looked better than others. He described them as strong but hard to restrain. To his recollection, he said grass food was available for the horses but couldn't say if he saw grain bins or pans.

In reference to the pony in the trailer, Redwine described the horse as having adequate body condition, which he said wasn't fat or thin and referred to it as free spirited, rather than wild. But the feet of that animal could possibly require long-term care, the veterinarian explained, because it had long, overgrown hooves.

Redwine said he tried to make his report as complete as possible and including all aspects whether good or bad in it.

Judge Lewis asked if the case only involved the seven horses in the larger field would Redwine have found anything wrong. Redwine said, no, he wouldn't have.

Dr. Fuller testified that he knew Kegley but had not previously treated any of these horses. He, too, described three very emaciated horses that he has examined on two different occasions. One of the three died and one other, Fuller said, is still very thin and weak.

As for the cause of death of the horse, Fuller described it as very thin and weak but wouldn't say emaciation was the cause of death.

After one of the other horses has been undergoing treatment on its hooves, it is moving around much better, he testified.

David Finch, whose brother is a neighbor of Kegley, testified that he had never seen one of the small horses outside of the field. He also described the horses as skinny and weak, which were fed rough hay in the winter.

Finch also said he never saw Kegley caring for the animals.

McAfee explained there was not sufficient evidence based on Redwine's veterinarian report to convict his client on the nine charges. Fellhauer countered the evidence was there for a conviction sufficient for the seizure of the animals.

The commonwealth asked for Kegley to be found guilty on all 13 counts, for all 13 horses to be seized and Kegley ordered to never own horses again. Judge Lewis explained he wasn't sure by state law, if he could give that order and specified both attorneys to file briefs on all positions, both civil and criminal with their justifications for their position.

Cruelty to animals is a Class 1 misdemeanor, punishable by a maximum sentence of 12 months in jail and a $2,500 fine.

Case Updates

References

• Scott County Virginia Star - Aug 17, 2006

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