Although Kelly maintained that he did not know the mare belonged to someone other than Wright, he and Gunn were charged with horse stealing. When it was later revealed that Kelly was still imprisoned at Beechworth Gaol when the horse was taken, the charges were downgraded to "feloniously receiving a horse". Kelly and Gunn were sentenced to three years imprisonment with hard labour. Wright escaped arrest for the theft on 2 May following an "exchange of shots" with police, but was arrested the following day at the Kelly homestead and received eighteen months for stealing the horse.