Gerri Butler, 61, was charged in May with 29 counts of animal neglect/cruelty, three counts of not having a dog’s rabies vaccine and three counts of not having county dog tags. Amherst County deputies removed 12 horses, three dogs, three cats and a donkey from her property at St. Mary’s Road in Lowesville.
While contractors used heavy equipment to remove refuse and trash, they discovered two decomposing horses, according to the Amherst County Sheriff’s Office.
Three horses also had to be euthanized for medical reasons, the Sheriff’s Office said in May.
Thursday morning, Butler was set to have a preliminary hearing in Amherst General District Court. During that hearing, a judge would consider the evidence and deem whether prosecutors had enough evidence to move forward.
Butler and the arresting officer appeared in court Thursday.
Shortly after Judge Joseph Serkes called for Butler’s case, Assistant Commonwealth’s Attorney Tim Griffin informed the judge that his office would nolle prosequi the charges.
Nolle prosequi is a legal term meaning the prosecution would not pursue the charges.
Following the brief hearing, Griffin declined to discuss what led to that decision. Nolle prosequi differs from dismissing charges in that the prosecution may pursue the charges later, he explained.
Griffin declined to say whether his office anticipates taking up the charges again.
According to online court records, Butler faced 18 charges in 2011 for failing to vaccinate and properly tag her animals. Court records show all of those charges were dismissed.
In Virginia, animal cruelty qualifies as a Class 1 misdemeanor and can result to up to a year in jail upon conviction.
(NewsAdvance - November 6, 2014)
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