A Virginia appeals court has overturned the felony animal cruelty convictions of a Franklin County man who fatally shot his two dogs, ruling that prosecutors failed to prove the animals suffered—a key element required for a felony conviction.
In a 2-1 decision issued Tuesday, the Court of Appeals of Virginia reversed the convictions of Terry Eugene Michel, 59, of Ferrum. Michel had been found guilty in October 2023 of two counts of felony animal cruelty for shooting his black Labrador retrievers, Colby and Caleb, in the back of the head on Feb. 7, 2023. He was sentenced to 15 months in jail and has since been released.
The majority opinion stated that because the dogs were killed instantly, there was no evidence they endured pain or suffering, which is necessary to sustain a felony animal cruelty conviction under Virginia law.
In a dissenting opinion, Judge Steven Frucci argued that Michel acted inhumanely by taking the dogs to a remote area, tethering them together, and executing them one by one. Frucci contended that the method of killing demonstrated a consciousness that an inhumane injury would occur.
During the trial, Michel admitted to killing the dogs in an effort to salvage his marriage, claiming that his wife, Rhonda Michel, was unwilling to leave the dogs alone, which limited their ability to spend time together. Despite his intentions, court records indicate that Rhonda Michel filed for divorce in April 2023.
Michel’s defense attorney, Aaron Houchens, argued that his client was experiencing a dissociative event at the time of the killings, stemming from depression and post-traumatic stress disorder related to his 26-year military service. However, the jury was not persuaded by this defense.
The Franklin County Humane Society expressed disappointment with the appeals court’s decision, emphasizing the need for justice in cases involving companion animals.
It remains to be seen whether prosecutors will appeal the ruling to the Supreme Court of Virginia.
