No charges after woman kills six horses roaming free on road near Mount Vernon
Jul. 13—MOUNT VERNON — Authorities have determined there was at least $34,000 in damages when a woman was driving and struck six horses that were scattered in the roadway.
The Davison County Sheriff's Office investigated the crash, which occurred at 4:44 a.m., north of Mount Vernon on June 30. A report, filed Wednesday, July 12, says six horses died, but no criminal charges are being pursued.
According to the crash report, Jeanett Wesley, of Armour, was traveling north on 397th Avenue, in a 2017 Chevy Trax. Due to darkness, the report says she was unable to see the horses that were outside of a fence and on the road. Wesley, who was wearing a seat belt, struck the group of horses, one of which went through the passenger-side of the windshield and ended up inside the vehicle.
Wesley sustained minor injuries and was transported to Avera Queen of Peace Hospital in Mitchell after her vehicle ended up in the ditch.
Five of the horses died instantly, while another had to be euthanized from injuries sustained in the crash. Eric Kobernusz, owned five of the horses, and another horse was being boarded by Kobernusz for a different person.
Authorities determined the horses were valued at $19,000 and the vehicle was worth $15,000.
According to a
frequently asked questions document
on agriculture law from the South Dakota Attorney General's Office, the state's "open range" laws that allowed livestock to roam freely were repealed in 1980.
"The owner of a domestic animal is not 'liable for damages for an injury resulting from its being so at large unless he has knowledge of vicious propensities of the animal or unless he should reasonably have anticipated that injury would result from its being so at large on the highway,'" the document says. "Courts look to the facts of each case and consider '[t]he character of the road, the kind of traffic thereon, the time of day, and all other pertinent facts and the surrounding conditions' to determine whether the farmer or rancher 'should have reasonably anticipated the danger.'"
Whether the animal's owner is liable for damages caused by cattle on the road "is dependent on the type of road, the kind of traffic, and whether the farmer or rancher knew the livestock were likely to be on the road," the document says.
