James G. Militello Jr. and Kelly D. Militello both were charged in May 2013 with felony animal cruelty, after a miniature fallaballa horse named Star Baby in Kelly's care required surgery.
According to witnesses and trial testimony, Kelly Militello left a halter on Star Baby's head that was too tight, and the animal's skin began to rot and grow around it. A veterinarian was called in to surgically remove halter that had become embedded about an inch.
The charges against the pair eventually were reduced to misdemeanors. After a bench trial for Kelly that spanned intermittently through August through October, she was found guilty of neglecting an animal owner's responsibilities.
McHenry County Judge Michael Feetterer sentenced Kelly Militello to a year of conditional discharge, ordered her to pay a $250 fine and complete 75 hours of public service at an animal shelter or similar facility.
A "conditional discharge" means that as long as Kelly Militello doesn't get herself arrested in the next year, the crime will be erased from her criminal history -- as though it had never happened. As though this little horse didn't suffer day in and day out while this halter grew into its face while Kelly and her husband sat inside their house watching TV. Guess it pays to be married to a "prominent husband".
The horse's condition was discovered in February 2013 by Carol Swinford, of Hebron, who gave the horse to Kelly Militello. Kelly Militello that month had traveled to Missouri to care for her ailing father, testimony revealed. In her absence, James Militello fed and watered the horses before eventually calling the Swinfords to retrieve them.
In his ruling, Feetterer also determined that James Militello, a prominent attorney in Crystal Lake, had no role in the crime. Charges against him were dropped.
"Aside from caring for the horses while the defendant was in Missouri, Mr. Militello had absolutely nothing to do with the horse's care. Treatment of Star Baby was the defendant's sole and exclusive responsibility," the judge said.
Kelly Militello's attorney Hank Sugden indicated he would appeal the verdict.
A restitution hearing for Swinford's veterinary bills has been set for Jan. 26.
(NW Herald - Dec 5, 2014)
Earlier:
- New York: James Militello Jr. and his wife Kelly Militello appear in court on charges of animal cruelty
- New York: Kelly Militello and James Militello Jr. left neglected a miniature horse so badly that its halter grew into its face. They've just had their felony animal cruelty charges reduced to misdemeanors
