| Case ID: 12996 |
| Classification: Neglect / Abandonment |
| Animal: cow |
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Wednesday, Sep 5, 2007
County: WytheCharges: Misdemeanor
Disposition: Acquitted
Person of Interest: James Michael Taylor
It was the case of the skinny cows. The animals' body mass or lack thereof was at the heart of an animal cruelty hearing held Monday in Wythe County General District Court.
Arrested last September, James Michael Taylor of Austinville was accused of starving 16 cows and two bulls on his Pauley Flatwoods Road hobby farm. He was facing 18 counts one for each animal of animal cruelty, a misdemeanor that carries a possible one-year jail sentence and fines. After hearing the evidence, though, a judge found him not guilty of all the charges.
Wythe's animal control officer charged the 50-year-old Taylor after a local veterinarian examined the animals and recommended an "intervention" on their behalf, according to Monday's testimony. The cattle's condition came to light after the Sheriff's Office got a report that the animals were in the road.
Showing photographs he took of the Holstein-Angus cattle, Dr. Thomas C. Lavelle said many of the adult animals appeared to be physically wasting and suffering from lack of nutrition. On a scale of one to 10 with 10 being the best body condition, the affected animals had scores of one and two, Lavelle said. While the cattle had enough water, they didn't appear to have any feed or hay the day Lavelle visited, he said.
"These pictures are pretty dramatic," he said.
Animal Control Officer Danny Blanchett also used photographs to illustrate what he said were animals with ribs and backbones showing. Their condition was poor due to lack of nutrition, he testified.
Both Blanchett and Lavelle said the calves on Taylor's farm appeared to be in good shape compared to the adults. Taylor's hogs were in "super good shape," he added.
Responding to the prosecution's allegations, Taylor's attorney, Dwight Compton, chalked up the cattle's condition to the summer drought, their advanced age and the fact that some of the older heifers were nursing.
He put on two witnesses who said they helped Taylor feed the cattle and a third who regularly sold Taylor hay. The defense also offered its own photographs showing pellet-filled bins along with feed bills from Southern States.
Compton had his own veterinarian testify that he saw hay and grain on the farm when he visited in August. Asked about the cattle's condition using a body condition scale of one to five, Dr. Larry Taylor gave Taylor's cattle twos and threes.
Taylor's girlfriend, Elizabeth Crockett, said most of the cattle were 16 years old and were more like pets than livestock. She said the summer drought kept the animals from getting the grass they needed.
Since Taylor's Sept. 5 arrest, all 26 cows on the farm were sold at market, she said. Half the herd was sold the day of Taylor's arrest.
In summarizing his case, Compton said his client didn't intentionally deprive his cattle of adequate nutrition.
"This man had food on the premises," he said. "
They were almost pets; they were getting old."
Countering, Deputy Commonwealth's Attorney Lee Harrell pointed out that Compton's own witness, Dr. Taylor, said the cattle could have been brought back to normal weight with proper feeding.
"The pictures speak for themselves," he said, adding that animal husbandry requires responsibility. "They were improperly fed, and that's all there is to it."
Before announcing his decision, Judge J.D. Bolt agreed that it would be easy to say the animals were deprived of food by looking at the photos, and said Taylor obviously had too many cows for the pasture he had.
The judge also pointed to the Southern States bill and testimony showing Taylor had been trying to feed the cattle.
"Good luck to you sir," he said, after finding Taylor not guilty of all 18 counts.
References
- Southwestern Virginia Today - Jan 18, 2008
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