Terry Eugene Michel v. Commonwealth of Virginia, 0338243

Background

Michel confessed to taking his two jointly owned Labrador Retrievers to a wooded area, tethering them, and shooting each in the head; he later moved the bodies and called 9‑1‑1 claiming theft.
Necropsy by a veterinary pathologist concluded both dogs died from ballistic trauma consistent with a point‑blank or very near gunshot and that death was "immediate and instantaneous."
Michel was indicted on two counts of felony animal cruelty under Va. Code § 3.2‑6570(F); at trial the Commonwealth presented the necropsy, Michel’s recorded confession, and other corroborating evidence.
Trial court denied Michel’s motions to strike and refused requested instructions that would have allowed the jury to convict of the misdemeanor alternative in § 3.2‑6570(A); the jury convicted Michel of two Class 6 felonies and he was sentenced.
On appeal the Court of Appeals reversed: it held § 3.2‑6570(F) unambiguously requires proof that the defendant’s conduct caused pain or suffering (i.e., acted “cruelly” or inflicted an "inhumane injury"), and the record—given the expert testimony of instantaneous death—failed to prove those elements.
A dissent argued the evidence was sufficient and that an inhumane immediate killing can fall within § 3.2‑6570(F); the panel nevertheless reversed the convictions on majority grounds.

Issues

Issue	Commonwealth's Argument	Michel's Argument	Held
Whether § 3.2‑6570(F) reaches instantaneous killings of companion animals (i.e., whether elements "cruelly" or "inhumane injury" require proof of pain or suffering)	The statute is unambiguous and proscribes the defendant’s conduct here; subsections differ only by victim class, not by requiring proof of pain beyond causation of death.	"Kill" appears explicitly in misdemeanor § 3.2‑6570(A) but is omitted from felony § 3.2‑6570(F); F requires cruelty or inhumane injury that results in death, so instantaneous deaths should fall under the misdemeanor, not the felony.	Reversed: § 3.2‑6570(F) requires proof that the defendant acted "cruelly" or inflicted an "inhumane injury"—terms the majority reads to demand some showing of pain or suffering; expert testimony of instantaneous death left no evidence of such suffering, so Commonwealth failed to prove F’s elements.
Sufficiency of the evidence to sustain felony convictions under § 3.2‑6570(F)	Evidence (confession, scene evidence, necropsy) supports a rational jury’s finding of willful, inhumane, or cruel conduct causing death of companion animals.	The necropsy showed instantaneous death with no physical suffering; that negates the "cruelly"/"inhumane" elements required for the felony.	Held for Michel: evidence insufficient to prove the cruelty/inhumane‑injury elements of the felony.
Trial court’s refusal to give instructions offering misdemeanor alternative and related mental‑state instruction	(Respondent) Trial court did not err; Felony instruction was correct and supported by evidence.	Michel requested instructions allowing the jury to convict of misdemeanor killing and to resolve grade doubt in favor of the defendant.	Majority declined to decide whether misdemeanor is lesser‑included offense (resolved on narrow grounds) and found the court erred by not presenting the statutory elements properly given the insufficiency of evidence for felony elements; declined to remand for retrial on felony counts.

Key Cases Cited

Creekmore v. Commonwealth, 79 Va. App. 241 (Va. Ct. App. 2023) (de novo review applies to statutory interpretation)
Mollenhauer v. Commonwealth, 73 Va. App. 318 (Va. Ct. App. 2021) (interpreting "cruelly" to require infliction of pain or suffering)
Pelloni v. Commonwealth, 65 Va. App. 733 (Va. Ct. App. 2016) (discussion of "companion animal" definition and willful infliction standard)
McGowan v. Commonwealth, 72 Va. App. 513 (Va. Ct. App. 2020) (standard for sufficiency review)
Vasquez v. Commonwealth, 291 Va. 232 (Va. 2016) (any rational trier of fact standard for sufficiency)
Morgan v. Commonwealth, 301 Va. 476 (Va. 2022) (presumption that Legislature’s different word choices are intentional)
Turner v. Commonwealth, 295 Va. 104 (Va. 2018) (stare decisis considerations in statutory construction)
White v. Commonwealth, 293 Va. 411 (Va. 2017) (doctrine of judicial restraint—decide on narrowest grounds)