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☛ Horse with severe injuries photographed at C.T. Bryant training facility 9-1-17

Posted by on Sep 1, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 1 comment

HORSE IN TRAINING WITH NCHA AAAA JUDGE C. T. BRYANT PHOTOGRAPHED WITH SEVERE INJURIES

 

SECOND CELL-PHONE DISCOVERY OF HORSE ABUSE IN AUGUST

By Glory Ann Kurtz
Sept. 1, 2017

For the second time in a month, a prominent NCHA member has been accused of horse abuse – and a cell phone picture has been the compelling evidence.

Last week it was Tommy Manion who shot a tied-up horse with a BB pistol. Last I heard, he has used all his appeals except going to the Appeals Court of NCHA, consisting of five (5) NCHA Executive Committee members and four (4) other members in good standing. He could be suspended from NCHA for life, but that’s probably the least of his problems as he is being investigated by the SPCA and the County District Attorney. Horse abuse is now a federal offense, which includes a severe financial penalty and prison time if found guilty.

Today I received a copy of  four gruesome photos that were on Facebook.The photos were taken by a friend of Marie AuBuchon, Glenrose, Texas, who posted them on Facebook.

Horse in training with C. T. Bryant. He said in an interview that he was trying to get the horse to lower his head. Photo by Marie AuBuchon.

I talked with Marie who said the photos were of “a 3-year-old Futurity colt in training with C. T. Bryant Cutting Horses, Hico, Texas.The grandson of Freckles Playboy belonged to Punk Carter. She said the colt was injured last Friday or Saturday, Aug 25th or 26th, and as of Monday, Aug. 28, no vet has been called .

Marie has a recording of Bryant’s conversation with her, saying he didn’t want to call a vet because he wanted the bicycle chain under the browband sitting right across the top end of the gash as the colt was now trying to escape the chain digging into the wound and  finally keeping his head down.”

Marie’s friend was working at Bryant’s training facility but was fired Monday after she returned from a divorce court hearing and was accused of letting Bryant’s stallion out on Highway 6. Marie said it was impossible for her friend to have let the stallion out as she wasn’t back from the court hearing yet and the timing did not make sense. She was at Bryant’s facility on Monday with her friend when Bryant was talking to her friend.

Bit used on this 3-year-old. Photo by Marie AuBuchon

Marie posted on Facebook that the  second photo was the high-port bit this 3-year-old colt was being ridden in and is still being ridden in. The bicycle chain under the browband sits right across the top end of the gash.

The same colt hanging from the arena fence after he collapsed. C. T. Bryant’s website claims his program emphasizes on highly competitive horses, quality care and attention to customer needs. Is this an oxymoron? Photo by Marie AuBuchon

“The third photo is the same colt hanging from the arena fence after he collapsed after Bryant hammered on him and then beat the colt because he wasn’t performing well,” said Marie.

One response on Facebook was sticking up for Bryant, saying Bryant had told him that  “One of his helpers did that to the horse.”

However, Marie said, “As you can see, there are photos published and additionally I have witnesses to back up what I am stating here.“

Marie said she called Justin Caraway, the Sheriff of Hamilton County who said that he had been out to the Bryant Ranch and said, “There was no ‘probable cause’ for action.”

A call made to SPCA made it clear that SPCA does not work on animal abuse in Hamilton County. AQHA’s Ward Stutz said that Bryant was not a member; however, according to his website, Bryant is standing Royal Caesar Boon and needs to file reports with the AQHA. An E-mail to Director of Judges Russell McCord, President Lewis Wray, Vice President Ron Pietrafeso of the NCHA was answered with a press release that’s on their website:

 

 

NCHA Statement On Horse Abuse

Aug 31, 2017, 17:14 PM by NCHA

In recent days, the NCHA has received reports of horse abuse allegedly occurring on private property, outside the context of NCHA approved or produced shows.

The NCHA wants to make clear that it is strongly committed to protecting the health, safety and well-being of the horse.  To that end, the NCHA has a long established Zero Tolerance Policy which prohibits mistreatment of a horse on the show grounds of any show approved or produced by the NCHA.  The NCHA has in the past, and will continue in the future, to strictly enforce this policy at all NCHA approved or produced shows.  The NCHA urges you to report any kind of horse abuse occurring on the show grounds of an NCHA approved or produced show to the NCHA Executive Director.

The NCHA does not have authority under its rules to police any kind of alleged horse abuse that occurs on private property and not within the context of an NCHA approved or produced show.  However, the NCHA is ardently opposed to mistreatment of a horse in any venue.  Each state has laws that prohibit mistreatment of animals.  Therefore, if you have knowledge of any conduct abusive to a horse that is occurring outside of an NCHA show, the NCHA encourages you to report such conduct to local law enforcement agencies for investigation.

 

Bryant is a AAAA NCHA judge and according to his website has been a horseman his entire life and has been involved with such legends as Matlock Rose, John Carter, Don Dodge, Sonny Rice, Stanley Bush and Pat Patterson. He has judged such major events such as the NCHA Futurity in 2014, NCHA Super Stakes, NCHA Derby, Western Nationals, Pacific Coast,  Augusta Futurity, Reno, Las Vegas, Memphis, Arizona and the Southern Futurity.

 

 

 

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☛ Manion appealing to NCHA Appeal Board 8-28-17

Posted by on Aug 28, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 0 comments

TOMMY MANION APPEALING HIS ANIMAL-ABUSE CASE TO NCHA APPEAL BOARD

By Glory Ann Kurtz
Aug. 28, 2017

For all of you wondering what is happening in the Tommy Manion animal-abuse case within the NCHA, the Executive Committee evidently found him guilty as, according to a Facebook posting by NCHA Vice President Ron Pietrafeso, Manion then appealed to the Grievance Committee.

After the Grievance Committee heard the case, they obviously also found him guilty as now Manion is appealing that decision to an Appeal Board which is included in the 2017 NCHA Rule Book.That Board is appointed by the NCHA President and will have a minimum of five (5) and a maximum of nine (9) members. Each member must be in good standing of the NCHA. A majority Of the committee members shall constitute a quorum for hearing purposes.

Click for NCHA Rule Book on Special Hearing Committee>>

 

Background of the case:

For those of you who don’t know the background on this animal-abuse case, I previously wrote an article stating that on Saturday July 15, Tommy Manion, a top Non-Pro, shot a tied-up unruly stallion multiple times with a BB pistol at an NCHA cutting at Whitesboro, Texas. A member took a video of the event and called NCHA’s Director of Judges Russell McCord, who told him, “to do whatever it took to stop it and and make the person shooting the horse leave,” which the caller did.

I talked to several witnesses who all told me that Manion not only shot the stallion with a BB pistol but at one time had the pistol under a jacket draped over his hand, dropped it on the ground and bent over to pick it up – all of which is shown on the video.

The shooting was definitely against the NCHA’s highly advertised ZERO tolerance “horse-cruelty” policy.

After receiving and confirming the reported horse abuse by Manion, I reached out to Rick Dennis, a Threat Assessment/Risk Analyst who is also a former Drug Enforcement Agent, for clarification of penalties resulting from Manion’s actions – for Manion, those who witnessed the event and the NCHA committees that are now determining Manion’s fate.

Essentially, Rick informed me there are two laws in play here, one Federal, the other state, as well as two NCHA rule infractions.

The Federal Law:

There is a little-known Federal Law entitled 18 USC 4 – Misprision Of A Felony, which specifically states:  “Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.” Animal abuse is now a Federal Felony with hefty fines and prison sentences.

The State of Texas law:

Also, the State of Texas Animal Cruelty Law, which rates animal abuse as a Felony, states those prosecuted could be punishable by two years in a state jail and/or a $10,000 fine.

Therefore, since the NCHA has already been notified of the animal cruelty case, along with being supplied with a video of the act, Manion has placed the association in a precarious spot, as whoever doesn’t report this gross violation to law enforcement in accordance with the provisions set forth in the USC 4 Code -Misprision of a Felony – is in direct violation of the federal law and could be subjected to arrest and prosecution themselves at a later date.

This includes Russell McCord, who received the phone call, as well as the Executive Director and the entire Executive Committee who met after being informed of the incident and who determined their association’s punishment for the offense – and possibly even the lawyer who was informed of the infraction and gave the Executive Committee advice, as well as show management.

Difference of penalties between NCHA and governmental agencies:

The other curious nature of Manion’s act is the two violations in the NCHA Rulebook pertaining to animal abuse and cruelty and how they differ from Federal and State laws.

More specifically, the NCHA Rulebook states “if show management or a judge at any NCHA-approved or sponsored event discovers inhumane treatment or abuse of a horse, they may immediately bar the responsible party and contestant’s horse from further competition in the event and the judge will give a score of zero. The Executive Director must be notified within seven (7) days of the closing date of the show involved and the complaint will be referred to the appropriate NCHA Committee for investigation and consideration. Note: the Federal law says “as soon as possible It must be made known to some judge or other person in civil or military authority under the United States and (the person) is to be fined or  imprisoned for not more than three years.”

While the NCHA disciplines animal cruelty by offense with a fine ($1,000 to $10,000), probation and/or suspension, the State of Texas Animal Cruelty Laws say that the perpetrator could be punished by two years in a state jail and/or a $10,000 fine.

Also, the NCHA should make sure that the abused animal is made available as soon as possible to a licensed veterinarian for any damage that has been done, especially since the person who described the incident to me said the when the BBs hit the stallion, he crouched and his body shook in fear.

What has been done?

According to a notification on the NCHA website, the NCHA has fulfilled its obligation to satisfy the Misprision of a Felony law by submitting a complete evidence package in this matter to the District Attorney in the county where the animal abuse violation occurred.

The notification further stipulates the District Attorney has provided the evidence to the Sheriff’s Office in this county for investigation as well as referral of criminal charges (where warranted).  Further, I’ve learned the SPCA is also investigating this matter.

Notwithstanding, there are two motivating factors: 1) The ZERO Animal Abuse policy rule violations of the NCHA and 2) Criminal charges (where warranted).  Each entity operates separate and apart from each other. In other words, the NCHA has to make a decision and law enforcement has to make a decision. The incident becomes problematic for the NCHA due to existing membership rules and member opinion.

In my opinion, the NCHA should be commended on the “fast track” this incident has been placed on and a final decision should be determined on prima facia evidence (only) and regardless of Manion’s financial affiliations with the NCHA. After all, a rule violation is a rule violation. Evidence is evidence. A decision should be made on the facts of the case, and the facts alone.

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☛ Kountz pleads guilty for animal cruelty 8-18-17

Posted by on Aug 18, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ABUSE, HORSE LAWSUITS, LAWSUITS & INDICTMENTS, WHO, WHAT & WHERE | 0 comments

DAYLE KOUNTZ  PLEADS GUILTY FOR ANIMAL CRUELTY CASE

 

OWNER OF BOZEMAN, MONTANA’S  KOUNTZ ARENA CHANGES PLEA

Aug. 18, 2017

Dayle Kountz, right, owner of Kountz Arena, appearing in Gallatin County Court. Photo by Bozeman Chronicle.

According to a Aug. 17 article in the Bozeman Chronicle, Dayle Kountz, the owner of Kountz Arena in Bozeman, Montana, is set to change his plea of animal cruelty to a felony  charge of animal cruelty for failing to provide appropriate medical care for his stallion Young Doc Bar. Kountz and his lawyer are deciding whether he will plead guilty or no contest to the charge but he will be entering a plea next Wednesday, Aug. 23, in Gallatin County District Court before Butte-Silver Bow Judge Brad Newman, whois overseeing the case.

The plea comes as part of an agreement with the Gallatin County Attorney’s Office, which will dismiss the additional counts of aggravated animal cruelty and felony animal cruelty that Kountz has been charged with. The state will recommend Kountz receive a two-year suspended sentence to the Montana Department of Corrections and serve no jail time. However, his lawyer said they will be asking for a deferred sentence.

Kountz, who had previously been convicted of a misdemeanor cruelty to animals in Gallatin County in 1999, was charged at a March 2015 horse show at his Kountz Arena in Bozeman  when it was reported that a horse was missing a foot, lying in his own feces and suffering in a small stall. The Gallatin County Sheriff’s Office responded, finding the horse named Young Doc Bar – as well as a calf suffering from seizures

Kountz told investigators that the horse was injured in December 2014 when the horse accidentally got his leg caught in a corral panel. He said he sought medical advice and followed treatment recommended by a vet. The animals were euthanized and the sheriff’s office closed the case with a warning; however, several witnesses who were at the arena on the day of the horse show came forward and provided photographs and information the sheriffs officer further investigation.

Therefore, about two months after the show, the county attorney’s office charged Kountz, who sought to have his upcoming trial moved out of Gallatin County, claiming that “inflammatory” editorial and social media attention to the case made it so Kountz would not receive a fair trial. Several news outlets, multiple TV stations, a Facebook page called “Justice for Young Doc Bar” was created and a petition Change.org lobbied for Kountz to be prosecuted; however, Judge Newman denied the request, saying that while news and social media accounts of the case had been “extensive,” it didn’t show widespread community prejudice against Kountz.

However, a felony charge is a very serious crime. A person who commits a felony, upon conviction in a court of law, is known as a convicted felon or a convict. In a move seen as a big win for animal rights activists, the FBI has added animal cruelty to its list of Class A felonies, alongside homicide and arson.

Cases of animal cruelty fall into four categories — neglect; intentional abuse and torture; organized abuse, such as cock and dog fighting; and sexual abuse of animals — and the FBi is now monitoring them as it does other serious crimes. Also, starting Jan. 1, 2016, data is being entered into the National Incident-Based Reporting System or NIBRS, the public database the FBI uses to keep a record of national crimes.

It is felt that the FBI’s decision will not only be a way to stop cases of animal abuse but also can help to identify people who might commit violent acts. According to the Christian Science Monitor, psychological studies show that nearly 70 percent of violent criminals began by abusing animals and keeping statistics on such cases can help law enforcement track down high-risk demographics and areas.

In some states, those committing multiple felonies can be double billed or double-sentenced and can receive 20-40 years in prison.

Some of the information in this article came from the Bozeman Chronicle.

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☛ New Congress to introduce new SAFE Act, banning horse slaughter 8-7-17

Posted by on Aug 6, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, WHO, WHAT & WHERE | 0 comments

NEW CONGRESS TO INTRODUCE NEW SAFE ACT TO BAN HORSE SLAUGHTER IN 2017

Aug. 6, 2017

The NEW Safeguard American Food Exports (SAFE) Act, which would prevent the horse slaughter industry from establishing operations in the United States and prohibit the export of American horses for slaughter abroad, was introduced in the Senate on Aug. 2, 2017. These House’s version of the bill was introduced earlier this year.

The bill already has bipartisan support; however, it’s vital that past co-sponsors sign on again. Also new members of the House and Senate need to be educated about the issue of horse slaughter and the importance of finally banning horse slaughter once and for all.

The fight to ban horse slaughter through a federal bill is now a decade old and each year that passes without a ban sees more than 100,000 American horses shipped over our borders to be butchered for human consumption.

Advocates are asking that you email your U.S. Representatives and Senators, urging them to cosponsor and support the SAFE Act.

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☛ Tommy Manion on camera shooting stallion with BB pistol 7-20-17

Posted by on Jul 20, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, EQUI-VOICE, FROM THE EDITOR, HORSE ABUSE, INDUSTRY NEWS, REINING NEWS, RICK'S CORNER, WHO, WHAT & WHERE | 28 comments

TOMMY MANION CAUGHT ON CAMERA SHOOTING AN UNRULY STALLION WITH A BB PISTOL AT AN NCHA-SANCTIONED SHOW

 

BESIDES NCHA SANCTIONING, COULD HE AND/OR NCHA EXECUTIVE COMMITTEE MEMBERS BE GUILTY OF STATE OR FEDERAL LAWS VIOLATIONS?

By Glory Ann Kurtz
July 20, 2017

I have now heard from a credible witness, that they knew the well-known Non-Pro who was at an NCHA Cutting in Whitesboro, Texas, on Saturday, July 15, and shot a tied-up unruly stallion multiple times with a BB pistol. Another witness had taken a video of the event and it was soon in the hands of the NCHA. The witness assured me that the Non-Pro  in question was NCHA Non-Pro Tommy Manion, who at one time had the pistol under a jacket draped over his hand and dropped it on the ground and bent over to pick it up – all of which is on the video.

After receiving and confirming the reported horse abuse by Manion, I reached out to Rick Dennis, a Threat Assessment/Risk Analyst who is also a former Drug Enforcement Agent, for clarification of penalties resulting from Manion’s actions – for Manion, those who witnessed the event and the NCHA. Essentially, Rick informed me there are two laws in play here, one Federal, the other state, as well as two NCHA rule infractions.

There is a little-known Federal Law entitled 18 USC 4 – Misprision Of A Felony, which specifically states:  “Whoever having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.” Animal abuse is now a Federal Felony with hefty fines and prison sentences.

Click for Misprision Of A Felony>>

Also, the State of Texas Animal Cruelty Law, which rates animal abuse as a Felony, states those prosecuted could be punishable by two years in a state jail and/or a $10,000 fine.

Click for Texas Animal Cruelty laws>>

Therefore, since the NCHA has already been notified of the animal cruelty case, along with being supplied with a video of the act, Manion has placed the association in a precarious spot, as whoever doesn’t report this gross violation to law enforcement in accordance with the provisions set forth in the USC 4 Code -Misprision of a Felony – is in direct violation of the federal law and could be subjected to arrest and prosecution at a later date. This includes Russell McCord, who received the phone call, as well as the Executive Director and the entire Executive Committee who met last night after being informed of the incident and determined their association’s punishment for the offense – and possibly even the lawyer who was informed of the infraction and gave the Executive Committee advice, as well as show management.

Difference of penalties between NCHA and governmental agencies:

The other curious nature of Manion’s act is the two violations in the NCHA Rulebook pertaining to animal abuse and cruelty and how they differ from Federal and State laws.

More specifically, the NCHA Rulebook states “if show management or a judge at any NCHA-approved or sponsored event discovers inhumane treatment or abuse of a horse, they may immediately bar the responsible party and contestant’s horse from further competition in the event and the judge will give a score of zero. The Executive Director must be notified within seven (7) days of the closing date of the show involved and the complaint will be referred to the appropriate NCHA Committee for investigation and consideration. Note: the Federal law says “as soon as possible It must be made known to some judge or other person in civil or military authority under the United States and (the person) is to be fined or  imprisoned for not more than three years.”

Click for NCHA Standing Rule 35>>

While the NCHA disciplines animal cruelty by offense with a fine ($1,000 to $10,000), probation and/or suspension, the State of Texas Animal Cruelty Laws say that the perpetrator could be punished by two years in a state jail and/or a $10,000 fine.

Also, the NCHA should make sure that the abused animal is made available as soon as possible to a licensed veterinarian for any damage that has been done, especially since the person who described the incident to me said the when the BBs hit the stallion, he crouched and his body shook in fear.

On May 15, 2015, Rick Dennis wrote an article addressing this very problem called “Horse Abuse Part IV.” There are many good and devoted trainers in this industry; however, unfortunately we do have our share of abusive Open and Non-Pro trainers that should be removed. Click here for a copy of this article.

What’s the  hurry?

Why did the NCHA Executive Committee jump on this animal abuse case so quickly. I feel it is because they just tried to strengthen their animal abuse penalties due to the fact that PETA might come down on them and the sport of cutting if they waited. A smart move!

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☛ From the Editor 7-20-17

Posted by on Jul 20, 2017 in BREAKING NEWS, COW HORSE NEWS, CUTTING NEWS, FROM THE EDITOR, HORSE ABUSE, INDUSTRY NEWS, MAJOR EVENTS, REINING NEWS, SALES INFORMATION, WHO, WHAT & WHERE | 0 comments

FROM THE EDITOR

By Glory Ann Kurtz
July 20, 2017

Yesterday I sent out a notice in “Latest News” that a “well-known horse owner shot a tied-up unruly stallion multiple times with a BB pistol at an NCHA cutting in Whitesboro, Texas. An update to that information is that the show was held on Saturday, July 15, rather than July 8. Also, that well-known horse owner is a top non-pro. NCHA’s Director of Judges Russell McCord was called and told what was going on and he told the caller to do whatever it took to stop it and make the person shooting the horse leave, which he did.

A bystander did take a video of the shooting which is now in the hands of the NCHA, and I understand that they have initiated the process against the person that did the shooting, as it is definitely against’ the NCHA’s highly advertised zero tolerance “horse-cruelty” policy. Still no mention of that person’s name but I do know that that person is a Non-Pro and a large advertiser in the Cutting Horse Chatter, giving the NCHA some hard choices.

I was given the name of the perpetrator; however, that person who told me about the shooting was not at the show and heard the information from someone who was. I would like to hear it from anyone who was present at this cutting who knew who the shooter was. I will not reveal your name. Call me at 940-433-5232 or 940-393-1865 or e-mail me at glory.kurtz@gmail.com. Since the NCHA has taken action, If that person’s name is not revealed sooner, I’m sure the perpetrator’s name will show up eventually in the Chatter under “Suspensions,” or possibly (but hopefully not) under “Probations.”

NCHA SUMMER SPECTACULAR NEWS:

The second go-round of the Open Classic/Challenge was completed yesterday, with those 26 scoring a 435.0 and above, advancing to the finals. Jon Burgess, riding Littlemak (Starlights Gypsy x Just a Swinging), owned by Anderson Cattle Co., Victoria, Texas, topped the two go-rounds with a 440.5 total score.

Grant Setnicka, not only finished a close second by scoring a 440.0 riding Ichis My Choice (Cat Ichi x My Little Abra), owned by J Five Horse Ranch Mgmt, LLC, Weatherford, Texas, but was the only rider to qualify three horses for the Finals. Also tying for second with a total score of 440.0 was Ed Flynn, riding Play Miss Boonsmal (Peptoboonsmal x Play Miss) for Danny R. Jones of Canada. The Open Classic/Challenge Finals is scheduled for Saturday,July 22, following six sets of the NCHA Derby Amateur and UnlimitedAmateur first go-round.

The Non-Pro and Limited Non-Pro in the Classic/Challenge  go-round is being held today. Also, don’t forget that the Western Bloodstock Summer Spectacular Sale,with 145 consignments, will be held Saturday, July 22, in the Watt Arena, starting at 9 a.m.

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