Jeff McShan from the Harris County District Attorney's office told The Dodo that Chapa has not been charged with animal cruelty - in Texas, some forms are punishable by up to two years in prison - but added that prosecutors were going to look into it.
"They're going to take [the case] directly to a Grand Jury to decide if he should be indicted. If they find that it's probable cause and they want to add animal cruelty, they can certainly do that," he said.
This isn't the first time Chapa was caught being cruel to horses. As the Daily Racing Form reports, in 1994, he was suspended for using a nail on a horse; in 2007, he was suspended for using an electrical device; and, in 2012, he was fined $100 for whipping a horse in the face.
Chapa's mistreatment of animals extends beyond equines. In 2002, he served 10 days on misdemeanor animal cruelty charges for beating a dog.