Smooth Maximus reportedly gelded after the incident. He was still listed for sale on Tuesday, Sept. 12.
Sheriff’s deputies forwarded their completed investigation to Grayson County District Attorney Joe Brown for review, and the prosecutor determined Manion would not be charged, Bigham said.
Two phone messages left with staff at Brown’s Sherman, Texas, office seeking comment on the decision were not immediately returned.
The NCHA’s Zero Tolerance Policy prohibits members from inhumane treatment of a horse, which includes, “any act which the general public would perceive to constitute inhumane treatment or abuse of a horse.”
It covers activity on show grounds, including the warm-up area, practice pen and other locations on the property.
Manion was cited in the NCHA disciplinary process for violation of the Zero Tolerance Policy’s rules on horse abuse, according to the Sept. 6 NCHA Appeal Committee report detailing the suspension.
He will serve the five-year probation after completion of his suspension. Any violation of NCHA rules during the probationary period could result in an additional year of suspension from membership. Members under suspension cannot exhibit or enter horses in NCHA events.
In addition to hiring Hagan to represent him in the criminal investigation, Manion also retained Fort Worth-based attorney John H. Cayce, Jr., to fight the NCHA suspension.