Motions To Dismiss And Join Felony Animal Abuse Case Decided Tuesday

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The trials for two Cavour men charged under South Dakota’s felony animal cruelty law will be conducted together.  A prosecution motion for joinder of the two cases was granted by Circuit Judge Jon Erickson Tuesday in Huron. Beadle County Deputy States Attorney Dan Nelson argued the evidence to be used in the prosecution of the men would be the same, and having two trials using the same evidence would not be the best use of the court’s time. Defense attorneys for 67-year-old Dennis Kerney and 35-year-old Justin Murray opposed the motion. Murray attorney Gina Rogers argued that her client did not allegedly harm the Appaloosa horse at the center of the case and that combining the two would be unfair to Murray. Kerney attorney, Aaron Pilcher supported the opposition to the joinder motion. Pilcher also asked for the case against Kerney to be dismissed. He says what his client is alleged in doing falls under an exemption to the felony animal cruelty law passed by the 2014 state Legislature. He says what happened falls under the usual and customary practices portion of the law. Erickson told Pilcher it is up to a jury to decide if the alleged incident falls under that section of the law and denied the dismissal motion. The trial for the men is set for June 10th.