Midnight heist of rare horse

Ben Hur de Bernaville, a rare French Boulonnais Draft stallion, is practicing on an obstacle course. Ben was at the center of a dispute between Lynn Gennrich, who bought the stallion in 2015 and Olissio Zoppe, founder of Cirque Ma'Ceo, who took the horse in September 2018 to include in his circus. Lynn Gennrich

“HayHutssaveandpreserve thehay.Theykeepthehay weatherprotectedandare horsefriendly.”-CHRISCOX

Gabriela Szymanowska

Under the guise of night, 25-year-old Ian Davis unhooked the latch of a fenced property, slipped a harness over a ghostly white mane and led a 1,600-pound horse onto the roadway, where Davis's sister was waiting.

Gravel and dirt crunched under Ben Hur de Bernaville’s hooves, his pace picking up once he saw the three-horse trailer ahead. With ease, the horse sidled inside, the door shutting behind him.

Ian Davis and his younger sister, Brianna, hopped into the cab of the Ford truck next to their 60-year-old mother, Lynn Gennrich, heading towards Interstate 75 and back home to Minnesota.

A few minutes later, circus owner Olissio Zoppe peered out the window of his home as a gnawing feeling bothered him and looked towards the direction of the paddock where Ben was supposed to be safely tucked away.

Panic struck when he couldn’t see the French Boulonnais draft horse, one of just 550 in the world. Through his neighbor’s trees, Zoppe saw the bright beams of a vehicle’s headlights disappear down the road. He reached for his phone and dialed 911.

Almost three years after that call, Gennrich and Zoppe are still arguing over who owned the horse. Zoppe says the horse was euthanized more than a year ago. Gennrich believes he still might be alive. Since that night in February 2020 — when Gennrich was stopped by deputies before reaching Interstate 75, and arrested months later for grand theft — a felony case ensued before it was dropped. Frustrations remain high for those involved.

At the heart of the case is the question of who really owned Ben Hur de Bernaville and how could the situation have been prevented.

What led up to the night in question

In 2015, Gennrich found herself in northern France looking for a breeder who would sell her a Boulonnais horse which she’d dreamed of owning for 25 years.

After days of searching, Gennrich found a breeder who sold her Ben Hur de Bernaville, affectionately nicknamed Ben. In July 2015, Ben flew to the U.S. and was quarantined in Chicago before arriving at his new home in Wisconsin. In total, Gennrich says she spent some $6,000 purchasing Ben and more than $25,000 getting the horse stateside, according to a Mersant International price list.

Ben Hur de Bernaville performs in a Cirque Ma'Ceo show on January 17, 2020, in Sarasota. Less than a month later, Lynn Gennrich, who has maintained she's always been Ben's owner and agreed for Cirque Ma'Ceos's founder Olissio Zoppe to take Ben to include in his show, came down to Sarasota to take back Ben in the middle of the night. Daniel Wagner

Over the next three years, a bond of love and trust formed between the wily, young stallion and the long-time horse owner and trainer. Ben became a part of Gennrich’s family.

“Ben was the light for her,” Brianna Davis said.

As he was such a rare breed, Gennrich started a Facebook page to advertise when and where people could come to see the stallion at fairs, shows and expos where Gennrich said he won various ribbons, even taking home a Reserved Champion Halter Horse award in his first show. On the days between, Gennrich spent time training Ben, or washing away dirt and mud from the horse’s hide and detangling his voluminous mane — Gennrich’s favorite pastime.

In the summer of 2018, Gennrich met Zoppe for the first time.

Zoppe, 44, a resident of Manatee County, Florida, and owner of the traveling equestrian-themed circus Cirque Ma'Ceo, first learned of Ben after stopping by the April 2018 Minnesota Horse Expo where Ben was showcased, he said. He picked up Gennrich's contact information and later messaged her about coming to see her horses, specifically Ben.

In early September, Zoppe stopped by Gennrich’s farm. The scene he painted for investigators years later was that the property looked “like buffalo had gone through it. Fences were broken, horses were up to their knees in mud,” one report states, while another states the horses were “very low weight, no water present, no hay present, tied up wrong, face rubbed raw, and in terrible condition.”

In those Minnesota and Florida reports, Zoppe told investigators Gennrich begged him to take Ben off her hands. He said she asked for $50,000, then continued to decrease the price before stating, “Come and get him, or I’m gonna put him in the ground,” according to a Minnesota incident report.

Zoppe believed Gennrich would euthanize the horse and since he wanted to include Ben in Cirque Ma'Ceo, he agreed to pay $1,000 which he sent through a Walmart wire transfer about 10 days after visiting Gennrich.

Zoppe, while speaking over the phone with a Sarasota Herald-Tribune reporter, said the horse looked emaciated and that he was underweight by about 500 or so pounds. He also said the horse was aggressive, so much so that Gennrich had been barred from bringing him back to the Minnesota Horse Expo.

Minnesota Horse Expo President and Security Chairperson Darrell Mead said Ben had been unruly during the 2018 expo. At the time, Mead had been the barn manager and told Gennrich she couldn't come back with Ben. Mead described Ben as an extremely powerful animal, adding that for such a horse to be as untrained and hard to handle as Ben, it “was extremely dangerous to have him around.”

Gennrich denied both claims. She said she came to an agreement with Zoppe to have him take Ben so people could see him in the show and learn about the breed. She said she couldn’t travel as extensively as the circus, thus bringing more attention to Ben.

In two conflicting “agreements” written on what appears to be the back of the money receipt, Gennrich agreed to give Zoppe either 25% of the horse with the understanding he would take Ben for the rest of his life, or that she would release Ben to Zoppe’s care and he would have to handle all costs for taking care of Ben, including for feed and vetting.

Gennrich has insisted she gave 25% of ownership to Zoppe, maintaining 75% ownership for herself. In the 2022 and 2023 Directory of Boulonnais Stallions, the annual French registry by the Regional Center for Genetic Resources Hauts-de-France, Gennrich remains the only owner listed for Ben Hur de Bernaville.

Gennrich said the money Zoppe sent her was for a Coggins Test, a blood test to check for transmittable diseases, and a health certificate Ben needed so Zoppe could take him across state lines. In photos attached to the Coggins Test of Ben taken on September 6, 2018, the horse appears to be rather large and in good shape.

She denied any alleged aggression — Gennrich and her friend Pat Colosimo sent photographs of the two training Ben alone, Ben standing next to smiling children and Ben training next to other horses. Colosimo added she trained Ben for months and not once did the stallion attempt to run her over, attack her, bite or kick her.

“I am not sure where this is coming from, but I can guarantee you that Ben has never been a danger to Lynn or anyone,” said Colosimo, who described Ben as being a “perfect gentleman."

Life in the Big Top Circus

Lights panned across the circular tent and staging ring of Cirque Ma’Ceo, painting Ben’s white fur in hues of blues and greens, yellows and reds as he cantered with a performer on his back during a show. Over the next two years,

Recently won ribbons are displayed on the outside of Ben Hur de Bernaville's stall. Lynn Genn-rich came to an agreement with Olissio Zoppe to allow the Cirque Ma'Ceo founder to take her horse to include in his traveling circus so that fans of the rare Boulonnais horse could come see him in the shows. Lynn Gennrich

Zoppe trained Ben to be incorporated into the circus program and featured next to his other horses.

Described on the Cirque Ma’Ceo website as hailing from 8th and 9th generations of bareback riders and equestrian performers, Zoppe said despite the horse’s alleged aggressions earlier, he never had any incidents with Ben.

Mead said when he saw Ben again at the 2021 Minnesota expo after being in Zoppe’s care, he was a “totally different animal.” During his previous stint at the expo, Mead said other horses couldn’t go near Ben in his paddock, but four years later, that wasn’t the case.

Zoppe maintained a connection with Gennrich, who would text Zoppe for updates as to where Ben was, how training was going, and the progress of the programs Zoppe agreed to print about Ben and the rare breed.

Zoppe told investigators he entertained the communication with Gennrich out of kindness, not because of any contractual obligations. Once he felt Gennrich became “too pushy,” the communication between them began to break down. When Gennrich and a family friend came to Ocala in early 2020 for the Greater Ocala Dog Club show — towing her white horse trailer behind her truck for her dogs — Zoppe allowed her to visit his property and see Ben under watchful supervision.

Gennrich says she was frustrated with Ben’s overall condition, so she went to see an attorney. Days later, her children booked a flight to Tampa, Gennrich picked them up at the airport, and they found themselves parked on the road next to Zoppe’s home.

Conflicting police reports, statements and the unusual case that followed

Police reports, a 911 call recording, and statements from Zoppe, Gennrich and her children paint a conflicting, and at times, murky picture of the battle over ownership of the rare and expensive horse.

By the end of the February 8, 2020, traffic stop in Manatee County, Ben was returned to Zoppe’s property and Gennrich would return home to find out months later there was a warrant out for her arrest.

Gennrich and her children claim that during the traffic stop, Gennrich proved proof of ownership to the deputies, but once Zoppe arrived at the scene and spoke to a higher-ranked deputy, they were threatened with an arrest for trespassing and would have their truck and trailer impounded if they didn’t return Ben to Zoppe.

In an initial report, a deputy wrote when Zoppe arrived at the traffic stop, he said he didn’t have any type of ownership paperwork for Ben but had taken care of him for over a year and incurred costs for his rehabilitation and training. The deputy added Zoppe didn’t have a receipt for the

$1,000 he wired Gennrich.

Gennrich showed deputies ownership papers on her phone and numerous books listing her as Ben’s owner, the initial report states.

More than a month later, when Detective Darren George took over, he noted Zoppe “was able to provide clear and articulated details about the entire situation and history” and emailed proof of payment, text messages and before/ after photographs of Ben.

George’s report doesn’t include any documentation from Gennrich, including the proof of ownership she showed the deputy at the scene. It’s noted that he called the listed number for Gennrich, which eventually went to a full mailbox, prompting him to request local law enforcement to respond to her last known address, only to find Gennrich had moved.

Gennrich’s attorney, Andrew Mallory, believes the Manatee Sheriff’s Office didn’t do enough to get her side of the story.

"We believe all the deputies involved investigated this case thoroughly and came to the correct conclusion," Manatee County Sheriff's Office spokesperson Randy Warren said in response.

A year later when Gennrich filed a theft report about Ben with the Mille Lacs Sheriff's Office in Minnesota and an investigator reached out to Zoppe, the circus owner told the investigator Ben was advertised in the local paper and that authorities knew Ben belonged to him.

Gennrich was charged with third-degree grand theft, and a warrant was issued for her arrest. She returned to the area to go through the arrest process, before making bail and proceeded to go through three different attorneys in the case.

Her children are confused why only their mother was charged, especially since Ian Davis said he’d been the only one to step foot on the property that night to take Ben. The case dragged on for over a year.

Mallory said that just days after he turned in a subpoena in March 2022 to have Zoppe come in for a deposition, Zoppe went to the prosecutor to urge him to drop the case.

Questions arise about what happened to Ben Hur de Bernaville

Gennrich and Zoppe’s contentious relationship indicates they don’t agree on almost anything, including whether Ben is dead or if he might be alive and hidden away.

When Mallory learned Zoppe said Ben had been euthanized and wanted to drop the case, he refused to tell Gennrich without written proof. He knew if it was true, it would devastate his client.

Yet, Mallory felt that something was off with the timing of Zoppe coming forward when he did.

According to a vet report from the case, Ben appeared to be exhibiting symptoms of colic in November 2021. Colic is severe abdominal pain in a horse’s gastrointestinal tract or other abdominal organs, said Whitney VanWinkle, a veterinarian with Gulf Coast Equine Veterinary Services.

In Ben’s case, based on evaluation and severe pain level, it was presumed Ben had a “strangulating small intestinal lesion” and surgery was recommended, but with a poor prognosis, the report stated. Instead, humane euthanasia was pursued, according to the report.

Gennrich, those close to her, and Mallory suspect Ben may still be alive, as it felt suspicious to them that Zoppe waited four months to tell anyone. Gennrich added she had people who knew of Ben reach out to her after the 2022 Minnesota Horse Expo claiming they’d seen Ben at the show and heard the announcer say his name, although these reports could not be independently verified.

Gennrich said she continued to find mentions of Ben in online advertisements in various publications and on the Cirque Ma'Ceo Facebook page, as well as professional photographs of Ben, as if he was still in the show months after the reported euthanization.

In additional incident report documents, a log was sent to investigators from the vet which shows two entries listing Ben Hur de Bernaville as receiving two doses of a euthanasia solution. The specifics of the type of solution were not included.

Zoppe questioned why he should have had to inform Gennrich about Ben’s death, since up to that point in the eyes of the law and his own, Ben had been his horse.

“It’s a very sore subject for me,” Zoppe said. “He was very dear to me. I loved him, and he was a very special horse.”

He said he didn’t see a point in continuing to fight since Ben was gone, so he let Gennrich off the hook.

In an MSCO action memo, the prosecutor stated, “the victim requested that the state dismiss the case in order for the deposition to be canceled.” Since the case was in part for a jury to decide who owned Ben, and Zoppe no longer wished to have that question answered, the state dropped the case on March 24, 2022.

"He was very dear to me. I loved him and he was a very special horse." Olissio Zoppe, owner of Cirque Ma'Ceo.

Gennrich reached out to the Manatee County Sheriff’s Office again in November 2022, prompting a review by a lieutenant. Part of the report found that while there are third-party advertisements that include Ben for shows after his death, those didn’t prove he was still alive.

Up until February 13, 2023, over a year after Ben was allegedly euthanized, a Herald-Tribune reporter found Ben was still advertised on the front page of the Cirque Ma’Ceo website with a small blurb about the rare horse breed directly under the tickets section.

Zoppe said it was difficult for him to change the home-

Equestrian law attorneys weigh in

Historically, Florida has been home to large horse populations with states like Kentucky and California, and there have been enough disputes that the legislature passed a “Bill of Sale” rule to help avoid unwarranted confusion.

John Londot, an attorney with Greenberg Traurig, P.A., said the rule states during a sale or purchase of a horse, there must be certain language included in the written bill of sale. This includes the purchaser, owner or duly authorized agent's name and signature, information about the horse and two statements confirming the owner is legally conveying the title to someone else, and the purchaser acknowledges that any warranties or representations should be stated in writing.

While Florida’s bill of sale does not apply to the dispute between Gennrich and Zoppe, as the exchange happened in Minnesota, it was designed to prevent such misunderstandings. Londot urged that no matter where a sale or purchase of a horse might take place, it’s beneficial to write out the terms.

Londot said that simply because Zoppe was taking care of Ben for two years, that in itself would not constitute ownership. He added the cost of care, the $1,000 wire transfer, and the “agreements” would all be considered evidence for a jury to decide ownership in a civil trial.

Avery Chapman, of Chapman Law Group PLC and Equine Law Group PLC, said in this case it’s clear that Zoppe owned Ben and Gennrich was wrong for taking the horse.

There was a sale between Gennrich and Zoppe that didn’t include reservations of rights, Chapman said. He added there was specificity as to what was sold, a $1,000 transfer, a receipt of that transfer which was provided to law enforcement, and Gennrich gave Zoppe the horse, establishing the documented transaction between the two.

Chapman said the biggest problem, and what many people struggle with when selling horses, is that the transactions are poorly documented. In some cases, that leaves room for people to attempt to change their minds or their stories.

The best route Gennrich could have taken was going to see an equine law attorney first, not taking the horse in the middle of the night, Chapman said.

The aftermath and fallout

In a victim impact statement to police, Zoppe said he now lives in fear of his horses being stolen and developed a loss of sleep, fear and paranoia.

“She should be happy I dropped the charges,” Zoppe said, adding that he should have pursued the charges despite Ben’s death.

Gennrich’s children and close friends say the experience has deeply affected her — the same joy and passion she once had for her horses have fizzled.

“It broke her, it really did,” Brianna Davis said. “There’s no other way to put it. I’ve seen the light and the passion for the horses go out for her because of what he did to her.”

She added the experience has traumatized all of them, especially having to put her mother on a plane to go turn herself into police custody.

Gennrich said she had an attorney lined up to pursue a civil case in 2020, but then the pandemic hit, and the courts closed. Since then, she doesn't have the means to pursue a case now despite how deeply she says the situation has affected her.

“I don’t trust anyone anymore,” Gennrich said.