Jackie’s Sentencing Part 3
The judge then said that; ”The court of public opinion moves more quickly than a court of law." He said what was left for him as the judge was that he could impose any lawful fine special assessment fee from $0-$250,000.
I know this is jumping all over the place but from my notes that’s what this hearing was like it was all over the place back and forth, then prosecutor Neff said that the fine of $250,000 just and big enough he said “He made his money from violating federal laws, financial penalty has to have big teeth"
He also felt that the defendant should have five years of probation. This opened up the door for another round of rousing commentaries.
Prosecutor Neff said there was no monitoring of Jackie while he was on federal suspension 2006 to 2011. He was violating even while on suspension. The judge said he believes that Jackie will never do it again, in which prosecutor Neff stated that not only he, but the judge himself has also seen people who they believed would never commit a crime again return time and time again back to the court for violating their probation.
Prosecutor Neff stated he believed that should the five year probation should be violated they will really be able to throw the book at him.
The judge stated that he has been completely stripped by not only the USDA but by the celebration and TWHBEA that he no longer has any connection to horse showing in his future, he kind of felt, five years probation was not necessary with that in place.
Jackie’s attorney, Mr. Greenholtz made a comment that Jackie had made substantial assistance to the government, to which the judge asked prosecutor Neff if the defendant had? Prosecutor Neff said “No he hasn’t.” That really caught Mr. Greenholtz off guard.
The judge asked why is he the big fish?
Prosecutor Neff responded that he is a Hall of Famer, past trainer of the year and is a big enough representative to be made an example for everybody else. He said there’s a difference between education and deterrence. And that the message should be a respect for the law.
Now, this next statement by the prosecution was very interesting to me, he said if the judge was to accept this plea bargain Jackie would now be an admitted felon, and he still had a state court charges pending and would have absolutely no defense in those proceedings as he admitted to the charges.
So, in my thinking, He admitted to transporting sore horses and perpetrating fraudulent official records.
It was at this point, the judge said that he was going to go back into his chambers and come back with a decision on his sentencing.
During this break, I spoke with some reporters, including Mr. Roy Exum and we were all kind of speculating on what we thought might happen and the question that seem to be on everyone’s lips was should he do jail time?
I turned around to see a familiar face that was a blast from the past. It was very apropos that this tall cool, drink of water should be there. Old-timers will know who I’m talking about. They worked the room like they had never left the arena, both of us went over and shook Jackie’s hand and I said to him. “Good luck” he said. “Thank you” graciously. I told him I have nothing personal against him. But what he had done is what I wanted to see punished. He said “I understand."
Here is my commentary on why I felt this way;
These men are important to somebody in this world. As evidenced by the number of people who traveled hundreds of miles to be there to show support for these defendants
Somebody loves these men and has already forgiven them.
Several people were there to see punishment and justice am I not right?
What are we really punishing, these men? Who they are? Or what they represent?
I’ve given this a lot of thought, and I’ve come up with this conclusion, if we are punishing the men, then what they’ve done, is still hanging out there.
However, if we are to punish their acts and their behavior, THAT~~~ is something that we can recognize, and measure in the future to deal with appropriately.
Well, isn’t this what we want to see happen, that these unwanted behaviors to stop?
Then this is what we need to focus our attention on ~~~ the behavior, the illegal acts.
These men soon will be out of our memory. However, we will never forget the indelible images of their behavior and illegal acts.
This is the message we want to send to anyone who is thinking about continuing to abuse horses. That message is ~~~
we recognize the behavior and illegal acts and it is that which we vigorously punish and if you happen to be one that is committing it, You go down with the crime.
I think the prosecutors in the state trial will read over the transcripts of this trial and will fill in any gaps or holes that were exposed here, meaning they will have more leverage, especially with the new Tennessee laws on abuse and soring to impact the rest of the industry that emanates from Shelbyville, Tennessee.
What a federal court was unable to do, the state court will. I have no doubt about that.
So if you are upset because he was not thrown in federal prison, it ain’t over yet.
I think all of middle Tennessee and surrounding states that hold big lick shows are trembling at the thought of being discovered and disclosed what they do to these horses and all the back room corruption that Jackie McConnell has been privy to.
The judge returned to the bench:, called order in the court, called the defendant and his attorneys to the well, he pronounced;
Three years’ probation, $75,000 to be paid to the District Court immediately, there was some discussion from the defendant’s attorneys that he needed to liquidate property in order to get that money. So the judge said he had nine months to pay. 300 hours community service to the USDA, and forfeiture of his 40 foot horse trailer.
Prologue
I had an epiphany on courthouse steps, as I stood and listened to Keith Dane, and Sen. Tydings respond to TV and news reporters.
My job of keeping these issues alive, upfront, and on people’s minds and hearts, was coming to an end for me.
For years, I have advocated the abolishment of pads and chains from the feet of the Tennessee walking horse, was told by people on all sides “That’ll never happen” I’ve tried to compromise, only to have those attempts rejected.
This Humane Society has taken up the gauntlet from the 1986 CNN Investigative Report and breathed, a fresh new perspective on this decades old issue. Now that there is pending legislation to do just that, abolish pads and chains, HSUS is better equipped to see to it’s timely end.
I’m tired.
I would now like to enjoy being in the company of my horses knowing that other horses are not suffering.
My nature and invocation is that I am a care-giver, I care about all things given to us by God, and He has laid this on my heart for many years to be a steward, ombudsman and voice for the horse.
I think now I may be able to rest soon from the task.
I have just ONE more thing to accomplish.
Our breed will not falter because pads and chains are eliminated, quite the contrary, it will grow and flourish to numbers that has never been seen before.
What was done here today, is a victory for all horses. But as humans we must not rejoice at the calamity of these men, they were however, instrumental in bringing us here today.
“Do not gloat when your enemy falls; when he stumbles, do not let your heart rejoice, or the LORD will see and disapprove and turn his wrath away from him. Proverbs 24:17-18
As a breed we can come together like no other time before, those that are in power from the pro Big Lick states, must open up their ranks to breeders, exhibitors and owners from around the world and accept their opinions as being valid and also in the best interest of the breed.
Like many great eras of our past, the Big Lick era has come to its end. Believe it!
I’m proud to be a part of yet another great movement to remove the hard, unforgiving and cruel chains of oppression and bondage from another of God’s creatures.
Instead of finger-pointing in trying to cast blame, we should unfold those fingers and extend our hand towards anyone who loves this horse.
In Closing;
The Bible speaks of the return of Christ in part like this:
(Revelation 19:11-14 KJV
"And I saw heaven opened, and behold a white horse; and He that sat upon him was called Faithful and True,
And the armies which were in heaven followed him upon white horses,
In my simple way of thinking, I just do not see Christ returning on a Big Lick horse that is padded and chained.
Thank you and blessings all of us.
The Preacher