Borell Enters Alford Plea on Cruelty Charges

Charles "Chuck" Borell entered an Alford guilty plea Sept. 29 on nine of 43 animal cruelty charges in Central Kentucky and was sentenced to 179 days in jail, but will not serve that time provided he adheres to conditions of a two-year probationary period.

Borell faced 43 misdemeanor charges of second degree animal cruelty after the horses were found abandoned earlier this year on a farm he leased in Mercer County, Ky. In Mercer District Court Thursday, Borell entered a guilty plea to nine of the charges and the remaining 34 were dismissed.

Under an Alford guilty plea, a defendant does not admit wrongdoing but acknowledges the evidence the prosecution has is sufficient for a judge or jury to find the defendant guilty. The plea agreement does not affect the outstanding charges against Borell's daughter Maria Borell, who also faces 43 animal cruelty charges.

Borell, wearing a dark suit, white shirt, and black/gray tie, sat quietly in the courtroom while his local attorney Larry Catlett, County Attorney Ted Dean, and attorneys for the state and animal welfare organizations worked out final details of the plea agreement.

Borell did not speak during the proceeding, except to respond “guilty” when Dotson asked how he pleaded to the charges.

Additional terms of the agreement between Borell and prosecutors stipulate:

—Forfeiture of Borell’s ownership claim in any of the 43 horses seized from the property;

—Forfeiture of a $4,300 bond that will be applied toward the care of the horses by volunteers and other organizations, estimated to total more than $20,000; and

—Borell agrees not to not own or be caretaker of any animals in Kentucky for two years.

Following the court session, Catlett said his client agreed to the Alford plea because he could not afford to continue to contest the charges.

Borell, Catlett said, relied upon and paid others—whom he did not name—to care and feed the horses, but they did not live up to their responsibilities.

“He feels he is being railroaded,” Catlett said of his client. “He feels the charges are unjust. He wanted his day in court, but the risks were too great.”

Catlett said he visited the farm after being retained by Borell and that the horses’ condition “broke my heart.”

Separately, there is an Oct. 9 hearing in Mercer Circuit Court on a civil suit filed by the Kentucky Department of Agriculture (KDA) and Mercer County Fiscal Court, asking for a determination that the fiscal court owns the horses and may sell, donate, or otherwise transfer ownership of them.

Maria Borell gained prominence late last year when she managed Runhappy’s successful TwinSpires Breeders’ Cup Sprint (gr. I) victory for Jim McIngvale before being dismissed by the owner.

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