FRANKLIN COUNTY, Va. – A recent ruling made from the Virginia Court of Appeals has overturned the conviction of Terry Eugene Michel, who was previously found guilty of felony animal cruelty for the shooting deaths of his two dogs, Colby and Caleb. The court’s decision, issued yesterday, April 15, 2025, highlighted significant errors in the trial court’s interpretation of animal cruelty laws.
Hailey, the manager of the canine department for the Franklin County Humane Society, expressed her dismay at the ruling. “Caleb and Colby (the dogs) definitely suffered at the hands of someone who was supposed to love and care about them, and we believe it’s a great injustice. Caleb and Colby deserve justice, and we hope that the fight continues to get them the justice they deserve,” she said.
In November 2023, a jury convicted Michel on two counts of felony animal cruelty, sentencing him to over six years in prison. The case stemmed from an incident in February 2023, when Michel confessed to killing his dogs, claiming he did so to “save his marriage.” The dogs were found shot in a wooded area, and a veterinary necropsy confirmed they died from gunshot wounds.
One of the dogs, Caleb once lived at the Franklin County Humane Society before being adopted. She emphasized that the court’s decision does not account for the emotional trauma the dogs likely experienced. “It is absolutely gut-wrenching and heartbreaking to think that we were trying to do the best by him, and the absolute worst possible scenario happened to him. It is absolutely heartbreaking,” she added.
“I think maybe the death was immediate, but their emotions and worry and confusion beforehand—there’s no way they didn’t suffer, and it wasn’t cruel. It was a cruel act to do that to them, to kill them ultimately,” Hailey stated.
Court’s Findings
The appellate court found that the trial court erred in its application of Virginia Code § 3.2-6570, which defines animal cruelty. The law distinguishes between misdemeanor and felony offenses based on the severity of the actions taken against the animals. The court noted that the trial court failed to recognize that the term “kill” was not included in the felony statute, which instead referred to “inhumane injury” and “serious bodily injury.”
The court emphasized that for a felony conviction, the prosecution must prove that the defendant acted “cruelly” or inflicted “inhumane injury.” In this case, the evidence presented did not support the claim that Michel’s actions caused pain or suffering to the dogs, as they died instantly from the gunshots. The veterinary expert testified that the dogs did not suffer prior to their deaths, which undermined the prosecution’s argument for cruelty.
Stay with 10 News for the latest updates in this evolving case.