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Case #2836 Rating: 3.3 out of 5
Horse beaten with shovel
Harrington, DE (US)Incident Date: Monday, May 31, 2004
County: Kent
Disposition: Convicted
Defendants/Suspects:
» Robert M Kinsey, Sr
» Robert M Kinsey, Jr
Case Updates: 1 update(s) available
A longtime Clayton horseman faces animal cruelty charges in connection with a June incident in which he and his son allegedly beat a horse at Harrington Raceway.
Robert M. Kinsey Sr., 50, was charged last month with one count of animal cruelty for allegedly striking Sidekick Hanover several times with a shovel while the horse was tied in its stall June 3.
He faces arraignment Oct. 15 at Kent County Court of Common Pleas in Dover.
Attempts to reach him for comment Tuesday before press time were unsuccessful.
His son, Robert M. Kinsey Jr., 24, of Clayton pleaded guilty to animal cruelty last month in Justice of the Peace Court 7 in Dover for allegedly punching the horse, but he is attempting to withdraw his plea.
The Kent County Society for the Prevention of Cruelty to Animals filed the misdemeanor charges in July after reviewing a security tape of the alleged incident in the Harrington Raceway paddock.
The Delaware Harness Racing Commission reviewed the incident in June and fined the younger Mr. Kinsey $100. The commission fined the elder Mr. Kinsey $500 and suspended him for 10 days from racing and breeding activities.
"I'm willing to live by (the Harness Racing Commission's) decision. A 10-day suspension is a major suspension," said Salvatore DiMario, executive director of the Delaware Standardbred Owners Association.
Mr. DiMario said the manner in which the Kinseys disciplined the horse was not appropriate, but added that the shovel used in the alleged beating was plastic.
"A discipline was warranted but his choice of discipline was obviously inappropriate," Mr. DiMario said.
He said the Kinseys' past history with animals has always been positive.
"I'm not aware of any acts of cruelty towards animals remotely close to his in (Robert M. Kinsey Sr.'s) 30-plus years in racing," Mr. DiMario said. "Or of Bobby Jr."
"We were all shocked. We saw the tape (and) it was awful," said John Wayne, executive director of the Harness Racing Commission.
"It was not taken lightly. His actions were based on retaliation due to the horse kicking his wife and he did the wrong thing. He shouldn't have done it."
Mr. Wayne said the commission takes cruelty to animals as a very serious offense.
"Humans do things in life that they are not proud of," Mr. Wayne said. "He made a mistake. I know they love horses or they wouldn't be in business."
According to an affidavit of probable cause, Robert M. Kinsey Sr.'s wife, Louise, was grooming Sidekick Hanover at 8:44 p.m. while the horse was tied in its stall when the horse kicked to the side and caught Mrs. Kinsey on the leg.
A few minutes later, the elder Mr. Kinsey walked up to the stall, "picked up a manure scoop shovel and proceeded to beat the horse in the head with the shovel," the affidavit states.
"The horse backed up as far as possible in the crossties, and Mr. Kinsey Sr. hit the horse five more times about the head and neck area," the affidavit states.
The younger Mr. Kinsey then approached the horse and punched the animal in the face several times with his fist, according to court records.
Betty Thompson, judicial operations manager for the Justice of the Peace Court in Kent County, said Tuesday that Robert M. Kinsey Jr. pleaded guilty Sept. 17 to the animal cruelty charge and was fined $50.
Wilmington attorney Joseph A. Hurley filed a motion Monday to withdraw the guilty plea, which Ms. Thompson would be heard at a later, unspecified date.
"If the motion is granted, Mr. Kinsey Jr. would proceed immediately to trial," Ms. Thompson said. "If it's denied, the guilty plea stands."
Case UpdatesRobert Kinsey Senior and Robert Kinsey Junior pleaded guilty today to animal cruelty. The elder Kinsey admitted that he beat the horse on the head and face with a plastic manure-scooping shovel. His son admitted he punched the same horse, Sidekick Hanover, on the head.
As part of a plea bargain, Kinsey Senior was fined 500 dollars and ordered to pay prosecution costs, undergo a mental health evaluation and to serve six months of unsupervised probation.
Kinsey Junior was fined 250 dollars, ordered to pay costs and sentenced to six months of unsupervised probation.
They each could have been sentenced to a year in prison. | Source: CBS Channel 3 - March 1, 2005
Update posted on Mar 2, 2005 - 1:05AM |
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