The criminal case involving animal cruelty charges against Versailles, Ky., resident Xavier McGrapth will proceed to trial after a proposed settlement was rejected by the owners whose horses suffered—and two died—under McGrapth's care.
A Jan. 17 motion filed by McGrapth's attorney Braxton Crenshaw indicated a settlement through mediation may still be achieved prior to the Feb. 4 trial date.
"Defendant, Xavier McGrapth, by and through counsel, and hereby requests that this honorable Court continue the trial date currently scheduled in this matter for February 4, 2022, and for the Court to order the Parties to mediate. The Defendant is of the opinion that the Parties may be able to reach an agreement as to a resolution of this matter outside of a trial," states the Jan. 17 motion submitted to Bourbon District Court Judge Mary Jane Phelps.
A pre-trial conference to address the motion is scheduled for Jan. 26.
McGrapth faces second-degree animal cruelty charges after Bourbon County sheriff's deputies discovered last March nearly a dozen malnourished horses and two dead on a farm he leased off Brentsville Road outside Paris, Ky., for a boarding and training business he named Whispering Creek Thoroughbreds.
According to public records, the sheriff's office was contacted by one of McGrapth's clients, Alyssa Evans, who said there were two dead horses in a paddock on the property. Deputies found the dead horses March 19 along with 23 others, of which 11 were determined to be malnourished or severely malnourished.
McGrapth voluntarily went to the Bourbon County Sheriff's Office April 13 where he was interviewed and subsequently arrested. McGrapth has pleaded not guilty to the charges and is out on a $2,000 bond.
According to some of the horse owners, the Bourbon County Attorney's Office had proposed a settlement of 360 days in jail with McGrapth to serve 180 days and the balance to be probated over two years on the condition that McGrapth has no new offenses, has no contact with horses or animals, and does not work in an animal-related occupation, and makes restitution to the victims.
The approximately 15 owners who had horses with McGrapth rejected the settlement and the offer was withdrawn. New York owner/breeder Blaine Gerow is among the owners who are most interested in seeing the case go to trial.
"Xavier doesn't own anything and he has no money, so I don't know that restitution means much," said Gerow, who estimates the neglect of his now 4-year-old racehorse Kastanyas cost him $15,000-$20,000 to restore her health and that doesn't account for the training time lost.
"What's more important is that other people involved in this be held accountable," he said. "These horses were not hidden away on a farm somewhere. A lot of people knew about these horses and it was months when these horses weren't being fed."
Depending on the outcome of the trial, Gerow said many of the owners have not ruled out pursuing a civil case.
