A Hanover County judge yesterday dismissed a felony animal-torture charge, saying that the death by neglect of a pit bull puppy did not meet the statutory burden of willful infliction of injury.
But Hanover General District Court Judge Peter Trible agreed that prosecution evidence that Donald T. Morris has engaged in felony dogfighting was sufficient to take the case to a grand jury next month.
Morris, 42, a county employee and former high school football standout, offered no evidence yesterday at a preliminary hearing that saw a parade of prosecution witnesses who testified that a search of Morris' Needstan Lane property last May turned up items typically used to train dogs for fighting.
In addition, some of the full-grown pit bulls recovered there and at another nearby property showed scars consistent with fighting, as well as broken teeth and heavily trimmed ears. Medications and underground magazines used by dogfighters also were recovered.
A pit bull puppy whose condition was so deplorable that it had to be euthanized was not the victim of willfully inflicted injury, Trible ruled. The animal was covered with ticks, was dehydrated, had a severely low body temperature and was filled with worms, experts testified.
Animal-control officers testified that Morris acknowledged the animals were his; Morris' lawyer, Craig Evans, argued there was no direct evidence that his client had engaged in dogfighting or had trained the animals for fighting.
Hanover Assistant Commonwealth's Attorney Stephen B. Royalty said Morris' treatment of 21 dogs found on two properties clearly showed evidence of his involvement in dogfighting. The condition of the puppy showed neglect to the point of deliberate injury, Royalty said.
Contact Bill McKelway at (804) 649-6601 or bmckelway@timesdispatch.com.
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