FRANKLIN COUNTY, VA – UPDATE 11/5/25 12:55 p.m.:
Terry Michel will remain convicted of two felony animal cruelty charges after the Court of Appeals of Virginia split evenly on whether to overturn his case.
Michel was convicted of shooting his two family dogs, Colby and Caleb, after initially claiming they had been stolen. The dogs’ bodies were later found, both shot in the head. Michel confessed to killing the dogs, saying he did it to “save his marriage.”
A three-judge panel of the Court of Appeals originally reversed Michel’s convictions in April 2025. The Commonwealth then requested a rehearing en banc, meaning the case was brought before all 16 judges on the court. When the full court reviewed the case, the judges split 8–8. Under Virginia law, a tie vote results in the trial court’s ruling being automatically affirmed, and no new written opinion is issued.
As a result, the earlier decision that would have overturned Michel’s convictions has been withdrawn, and the original guilty verdicts remain in place.
In short, the appeal was unsuccessful, and Terry Michel’s felony animal cruelty convictions stand.
It was a ruling that shocked many — Terry Michel confessed to shooting his dogs in the head, but Virginia’s Court of Appeals said, that wasn’t necessarily a felony.
Now, in a rare move, the full court of appeals is stepping in.
10 News obtained newly filed court documents showing the Commonwealth asked for — and was granted — what’s called a rehearing ‘en banc.’
It pauses the reversal and puts the case back before all 17 judges on the court — not just a panel of three.
According to the court documents, the Commonwealth, through the Attorney General’s office — asked the court to set aside the ruling from April 15th and take another look at the case.
The move comes after months of legal twists — in a case that began over a year ago.
In February of 2023, Terry Michel told police his two labradors had been stolen.
Days later, their bodies were found — both shot in the head.
Michel confessed, saying he did it to ‘save his marriage.’
By June, he was indicted on two felony animal cruelty charges.
A jury convicted him in November, sentencing him to nearly seven years, with just over two to serve.
But in April, a three-judge panel reversed the convictions because, under the law, a felony requires proof that the animals suffered a ‘cruel’ or ‘inhumane’ injury.
The defense said the dogs died instantly — and there was no evidence of prolonged pain or suffering, which would make it a misdemeanor.
That brings us to now - where the full court will reconsider the case, based on the Commonwealth’s petition.
We reached out to the Attorney General’s office, as well as Michel’s attorney, but haven’t heard back.
The court hasn’t announced a date yet for when the full panel will hear the case.