Animal cruelty charges dismissed after conflicting testimony, lack of timeline

Two misdemeanor charges lodged against a former Charles City woman have been dismissed after questions arose involving a timeline surrounding the circumstances and conflicting testimonies proved unreliable to support a case to be heard by a jury.

Rhiannon Renee Vitiello, 31, formerly of the 9500 block of Sturgeon Point Road, was acquitted on two animal cruelty charges during Sept. 29 proceedings in Charles City Circuit Court.

Around June 7, 2015, former Charles City animal control officer Brandy Colgin went to Vitiello’s home as part of a welfare check on horses. Colgin and Vitiello engaged in conversation, with the defendant saying that she was caring for the animals and noting the problems of the animals. Colgin asked for veterinarian documentation and Vitiello said she would provide it to her that night, according to the animal control officer’s testimony.

Colgin testified that she made attempts to contact the defendant after the information was not received that night. Colgin obtained a search warrant from the local magistrate and returned to the property the next day, meeting Dr. Carlin Kelly, an equine veterinarian. Two horses were discovered on the property, with Kelly giving ratings that they were in poor condition based on a scale used by veterinarians.

But both Kelly and Colgin’s testimony had conflicting views of the facility itself. While both agreed that pastures seemed depleted of grass, the veterinarian said there was food in the barn for the horses to eat. By contrast, the animal control officer did not have any recollection of food in the facility.

With the jury out of earshot, defense attorney Gary Hershner made a motion to strike, pointing to conflicting views given in testimony. The defense attorney also challenged that his client gave Colgin the opportunity to visit the property in the early months of 2015. But it was an observation by Judge Thomas B. Hoover that raised questions on the strength of the case presented by Commonwealth’s Attorney Rob Tyler.

“How do I know the condition of these horses before they got there?” questioned the judge. “Nobody in testimony has said how long these horses have been there or under the care of the defendant.”

Hoover mentioned a recent trial on the seizure of horses in King William.

“While I didn’t sit on that case, testimony revealed that it would take six to 12 months for a horse to become healthy again,” the judge continued. “There is a time element that is missing here. There’s a gap because the animal control officer went to animal school in March 2015 and came back in June of that year.

“There has been no direct evidence to show how long these animals have been in the defendant’s care,” Hoover said as he wrapped up his comments before dismissing the case. “I don’t know if it’s been two days, two months, or two years. It’s a missing element and I am dismissing the charges.”