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defendantstatuteappealtestimonymisdemeanor
defendantappealwillmisdemeanor

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Sullivan v. Commonwealth, 280 Va. 672, 701 S.E.2d 61

Facts

The case involved a horse named Dip, owned by the defendant, who was found lying in a pasture for an extended period without receiving necessary veterinary care. Witnesses, including a veterinarian, testified that the horse was emaciated and in critical condition, requiring immediate treatment. Despite being aware of the horse's deteriorating state, the defendant delayed seeking help, leading to the horse's eventual death.

While Brigette Berbes was driving on Interstate 81 in Augusta County about noon on April 10, 2008, she observed a horse lying in a pasture near the highway. The horse was covered with a purple blanket. Ms. Berbes, who was experienced in the care of horses, thought the blanket unusual because the temperature was in the upper 70's at the time.

Issue

Whether the evidence was sufficient to support the conviction of the defendant for misdemeanor animal cruelty under former Code § 3.1–796.122.

Whether the evidence was sufficient to support the conviction of the defendant for misdemeanor animal cruelty under former Code § 3.1–796.122.

Rule

Former Code § 3.1–796.122 provided that any person who deprives an animal of necessary food, drink, shelter, or emergency veterinary treatment shall be guilty of a Class I misdemeanor. Emergency veterinary treatment is defined as treatment to stabilize a life-threatening condition, alleviate suffering, prevent further disease transmission, or prevent further disease progression.

Former Code § 3.1–796.122 provided, in pertinent part, that '[a]ny person who … (ii) deprives any animal of necessary food, drink, shelter or emergency veterinary treatment … shall be guilty of a Class I misdemeanor.'

Analysis

The court applied the rule by reviewing the evidence in the light most favorable to the Commonwealth, concluding that the defendant had indeed deprived the horse of necessary emergency veterinary treatment. The expert testimony indicated that the horse's condition had been deteriorating for weeks, and the court found the defendant's claims of ignorance regarding the horse's health to be incredible. The court determined that the horse was in critical need of care well before it was found down, and that the defendant's failure to act constituted a violation of the statute.

Applying that definition, we agree with the Court of Appeals' conclusion that there was ample evidence to support a finding that Ms. Sullivan deprived Dip of necessary emergency veterinary treatment.

Conclusion

The court affirmed the judgment of the Court of Appeals, upholding the conviction of the defendant for misdemeanor animal cruelty.

For the reasons stated, we will affirm the judgment of the Court of Appeals.

Who won?

The Commonwealth prevailed in the case, as the court found sufficient evidence to support the conviction of the defendant for animal cruelty due to her failure to provide necessary veterinary care.

The court could properly conclude from the evidence that it would have been apparent, over a considerable period of time, that the horse was in need of veterinary treatment to alleviate suffering and to prevent the progression of disease.

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