PRESS RELEASE
TO: ALL NEWS MEDIA
FROM: HOLLEY CARNRIGHT, DISTRICT ATTORNEY
DATE: JUNE 2, 2016
The
Appellate Division, Third Department has today unanimously affirmed the January
15, 2015 conviction of David Moors for the crime of aggravated cruelty to
animals.
On
January 23, 2014, the defendant was charged by an Ulster County Grand Jury with
the class E felony of aggravated cruelty to animals pursuant to §353-a(1) of
the Agriculture and Markets Law for his intentional and senseless killing of Clara,
a companion animal, with a bow and arrow.
He was found guilty following a non-jury trial in the Ulster County
Court (Williams, J.) and sentenced to six months in the Ulster County Jail,
five years probation, 250 hours of community service, required to surrender his
weapons and his New York State hunting license as a condition of his probation
and ordered to pay restitution. Following
sentencing, the Appellate Division stayed the execution of the judgment and the
defendant was released pending appeal.
On
appeal to the Appellate Division, Third Department, the defendant challenged the
legal sufficiency of the evidence and argued that the sentence was unduly harsh
and excessive.
Those
claims, however, were rejected by the reviewing court.
In
its decision, the Court found adequate proof to support the conclusion that
defendant carried out his killing of Clara, a two and one-half year old
Australian Shephard/Wire Hair terrier mix, in an especially depraved or
sadistic manner by shooting her in the abdomen with an arrow that was likely to
and did prolong her suffering. The
matter is now remitted back to County Court and the defendant will be remanded
to the Ulster County Jail to begin serving his sentence.
On
appeal, the defendant is represented by Cynthia Feathers, Esq. of Glens Falls. Assistant District Attorney Joan Gudesblatt
Lamb, Esq. handled the appeal for the District Attorney’s Office.
