After a two-day trial, Howard Richard Van Nostrand, 48, was found guilty of two class six felonies from the incident on Oct. 4, 2014: cruelty or torture to a companion animal resulting in death and intentionally damaging personal property worth more than $1,000.
After the conviction, the jury recommended a sentence of 90 days in jail and two fines totaling $5,000 to Judge Designate Herman A. Whisenant Jr. of the Fauquier County Circuit Court.
“Of course Morgan, to me, is irreplaceable,” Craig LeValley, the dog’s owner, said on the witness stand during the trial. “At this time, there is an empty hole inside my soul.”
From the start, Van Nostrand admitted to shooting two arrows and killing Craig and Karen LeValley’s dog from a tree stand -- but claimed it was self defense.
Van Nostrand waived his fifth amendment right and took the stand in his own defense.
He was sitting in a tree stand with his son, about 15 feet in the air, when he saw the German shepherd walk by, Van Nostrand said. It had its nose down to track a scent, hackles up and ears pointed back in an aggressive, hunting posture -- according to him.
The dog then turned and started walking directly towards them, he said. When it came within four yards, he raised his bow, nocked with a razor-sharp broadhead arrow, and shot the dog.
“I sufficiently removed the threat to my son and myself,” Van Nostrand said on the witness stand. “I was afraid for myself and my son.”
He said the dog’s fur was raised and couldn’t see the collar or any tags. After the first shot, he said the dog flipped over to it's back and was still twitching so he shot it again.
“I was cornered by a dog and I was up in the air,” Van Nostrand said. “I didn’t want to relive what happened when I was 10 years old.”
Later, during the sentencing phase of the hearing, his therapist described a traumatic incident that Van Nostrand had shared with her about being trapped by a German shepherd during a game of hide and seek when he was younger.
After a second shot, Van Nostrand came down from his perch, saw the dog’s collar and called 911.
But one witness, James Pinsky, who was in another tree stand and with the hunting party that morning, testified that a text message from Van Nostrand earlier in the morning said to shoot the dogs.
Pinsky initially texted Van Nostrand about two dogs running through the woods chasing deer and asked if they should shoot the dogs. Pinsky testified that Van Nostrand replied by instructing them to shoot the dogs if they can.
Another article says that Van Nostrand then texted him saying he would "take care" of it.
The commonwealth argued that the first arrow disemboweled the dog, grounds for the animal cruelty charges. One witness said Morgan could be heard howling for 30 to 40 seconds.
According to his own testimony, Van Nostrand said the dog died immediately after the first shot severed its spinal cord.
In closing arguments, the prosecution said that one of the hardest things to prove in this case was intent: was it cruel maiming or was it self defense? Hazel asked the jury to consider the text message and to use their own common sense.
“It comes down to what is reasonable,” Hazel said to the jury just before they left to decide Van Nostrand’s guilt.
Defense attorney, J. Burkhardt Beale, argued that “what is reasonable” would need to be determined for that split-second decision, the moment of action. He also reminded the jury that Van Nostrand’s 10-year-old son was in the tree with him.
“Nobody likes the result in the case,” Beale said. “The dog is dead.”
After about 30 minutes the jury returned with two guilty verdicts.
“I’ve just lost every license in the country,” Van Nostrand, a physical therapist and practicing chiropractor, said to the jury before they recommended a sentence.
In the sentencing phase, jurors heard new evidence forbidden from the guilt phase of the trial by Whisenant. Howard Van Nostrand revealed a surgery he underwent that removed a malignant brain tumor and part of his amygdala, an almond sized organ in the brain.
His therapist, Mary Beth Williams, who specializes in treating trauma, said the amygdala processes emotions and stores emotional memory. The damaged gland can cause problems with modulation and moderation in decision-making.
Dr. Van Nostrand specializes in treating all types of musculoskeletal problems ranging from headaches, neck/low back pain, disc pathologies, extremity problems, and soft tissue issues. He also treats auto accidents, sports related injuries and preventative measures. - Bristow (VA) Physical Therapy website
If he has a mental deficiency, as his therapist claims, how can he be trusted to do medical procedures on people as his job as a chiropractor???
“Mental health has to be taken into consideration,” Beale said to the jury before they left to decide on a recommended sentence.
The jury returned just after 4 p.m. with their sentences: 90 days in jail and a $2,500 fine for the cruelty charge and a $2,500 fine for the destruction of property charge.
Van Nostrand’s bond was revoked and he was taken into custody by the bailiff.
“We’re just glad that Morgan found her justice,” Craig LeValley said after the hearing.
Van Nostrand’s family and attorney declined to comment.
(Fauquier Times-Democrat - Jan 27, 2016)
Look up his Yelp reviews. He is rude and obnoxious to patients, pulls female patients clothes up without their permission, doesn't believe what they tell him, and tells them they need Jesus. I saw a bumper sticker the other day that said, "Lord, Protect Me from Your Followers."
ReplyDeleteThis isn't relative in this case. Grow up
Delete