The Virginia Court of Appeals has denied Hillsville dog breeder Junior Horton’s appeal of 14 counts of animal cruelty.

Horton, owner of Horton’s Pups, was found guilty of 14 counts of animal cruelty, 25 counts of neglect and one count of failing to obtain a license tax by Carroll County General District Court Judge Edward M. Turner III on May 15, 2008. The case stems from November of 2007 in what was described at the time as the largest puppy mill rescue in the nation when Horton released more than 700 dogs to authorities.

During Horton’s trial, Animal Control Officer Terry Woods testified that he and Dr. Kathy Davieds, a veterinarian, visited Horton’s dog kennel on Nov. 1, 2007, where Woods had approximately 1,080 dogs in a kennel licensed for 500. Dr. Davieds testified that the cage bottoms were made of wire mesh and lacked a solid platform for puppies to stand and lie on. She also testified the size of the wire mesh was so large that it permitted the entire limbs of dogs to pass through the wire. Davieds examined several animals and testified to conditions needing medical attention. She also testified to the sanitation of the cages.

After speaking with Woods and Davieds, Horton agreed to keep 200 adult dogs and release the remaining animals to a rescue group. Woods returned to Horton’s kennel on Nov. 6, 2007 and Horton turned over about 800 dogs to a rescue group, which were then transported to a staging area and examined by a veterinarian or vet technician.

Any dog deemed to need immediate attention or deemed too sick to travel was referred to Dr. Heather Brazzell, another vet. Brazzell testified that eight dogs suffered from life-threatening conditions and six more suffered from conditions resulting in pain and suffering. She explained in detail the surgeries, medications, and treatments for these 14 dogs.

Two other vets testified that the animals didn’t have life-threatening conditions.

Dr. Nash Williams provided routine care for the dogs and testified that when he visited Horton’s kennels, the kennels were clean and the dogs were healthy. Williams then reviewed photographs of the 14 dogs and explained why he believed the dogs didn’t have life-threatening conditions, although Williams admitted he hadn’t been to Horton’s kennel in about 10 months and he didn’t examine the dogs.

Dr. James Adams, another veterinarian, visited Horton’s kennel about two weeks prior to Horton’s trial and testified the kennel was in excellent condition, was clean and well-ventilated. Adams assisted at the staging area, but he didn’t remember examining the 14 dogs. After reviewing the photos, Adams testified that certain conditions were either not life threatening or were old injuries.

According to the Virginia Court of Appeal’s denial opinion, Virginia Code states “Any person who deprives any animal of necessary food, drink, shelter or emergency veterinary treatment shall be guilty of a Class 1 misdemeanor.”

In determining the weight to be given the testimony of an expert witness, the opinion states the fact finder may consider the basis for the expert’s opinion. The credibility and weight of witness’ testimony is determined by the fact finder, the opinion said.

“The trial judge heard the testimony of the witnesses and observed their demeanor. At the conclusion of the trial, the trial judge reviewed the evidence and determined that the testimony of Dr. Davieds and Dr. Brazzell concerning the condition of the 14 dogs was more credible than the testimony of Dr. Adams and Dr. Williams,” the opinion stated. “The trial judge stated that Dr. Davieds and Dr. Brazell examined the 14 dogs and could touch, feel, see, and hear the dogs. The trial judge noted that Dr. Adams admitted it was difficult to diagnose an animal from a photograph. A rational fact finder could have found that (Horton) failed to provide the 14 animals with the necessary food, drink, shelter, or emergency medical treatment required by Code. The Commonwealth’s evidence was competent, was not inherently incredible, and was sufficient to prove beyond a reasonable doubt that (Horton) was guilty of 14 counts of cruelty to animals.”

Commonwealth’s Attorney Gregory G. Goad said he was pleased the Virginia Court of Appeals denied the petition for appeal.

“The trial court was correct in finding him guilty on all counts,” Goad said.

Horton lost a previous appeal last August in Carroll County Circuit Court. He can still petition an appeal to a three-judge panel of the Virginia Court of Appeals by March 24.

Warrants were served to Horton on 15 new charges on Feb. 13 after an unannounced inspection on Jan. 27. The new charges were 12 counts of animal neglect by a dealer, maintaining more than 50 adult dogs, failing to maintain adequate records on the dogs, and failing to have certificates that the dogs are healthy enough for breeding.

As of Jan. 1, 2009, commercial dog breeders in Virginia were no longer allowed keep more than 50 dogs over the age of one year. If Horton’s appeals continue to be unsuccessful, he won’t be able to possess breeding dogs by law because the new law bans anyone with animal cruelty convictions from breeding again.

“As long as he is continuing to appeal, then that will not take effect,” Goad said. “ This is the first step in the appeal process. He can petition for a three-judge panel, then to the Virginia Supreme Court.”