Judge rules Botetourt County man must give up his dogs

By Scott Leamon
WSLS10 Reporter
Published: July 24, 2008

In a rear civil hearing Thursday evening in Botetourt County Circuit Court, Jimmy Hilliard lost his rights to ten dogs.

Botetourt County animal control officers seized the dogs from Hilliard’s mobile home on July 3rd.

In a Botetourt County General District Court hearing on July 11th, a judge ruled Hilliard neglected three large dogs he kept inside the residence, but did not find enough evidence he mistreated seven small dachshunds Hilliard called his “babies.”

What made Thursday’s hearing rear, if not almost unheard of, was it was a result of Botetourt County assistant commonwealth’s attorney Jill Deegan appealing the lower court ruling.

Deegan admitted she had to some research before confirming it was possible for the commonwealth to appeal a district court civil judgment.

Hilliard represented himself at the hearing, as he did in the lower court.

Circuit court judge Malfourd Trumbo admitted he believed Hilliard loved his animals, but still did not care for them properly.

Trumbo said he might be the result of some sort of generational gap, since animal rights laws have changed so much in recent years.

Hilliard said several times in court he was 75 years old.

Hilliard also said family members made $1,400 in repairs to his mobile home in the Hollins area.

Deegan argued in the lower court hearing a powerful ammonia smell inside the residence was harmful to the animals.

Deegan reminded the court the commonwealth was allowing Hilliard to keep two cats living inside the home.

Hilliard promised to appeal this ruling on up the legal chain.