An attorney for a man charged with animal cruelty for allegedly kicking a horse says the animal was injured by falling into an empty swimming pool.

Attorney Russell Uselton says 24-year-old Justin Williamson of McAlester, Okla., is innocent and that the horse is faring well. A preliminary hearing for Williamson has been continued until Nov. 21.

Authorities charged Williamson with the felony and say he kicked the horse in the head and ribs after the animal fell into the pool at the local Elk’s Lodge. The animal had escaped from a nearby stockyard.

According to affidavits filed by sheriff’s deputies, Williamson tried to retrieve the horse and witnesses said he began kicking the animal after it would not get out of the pool