CHARLESTON — The West Virginia Supreme Court of Appeals ruled that a lower court properly granted a writ on prohibition to stop the dismissal of an animal cruelty charge.
Harlee Beasley was charged with animal cruelty and she moved to dismiss the charge, claiming that West Virginia code does not apply to livestock, like the horses and donkey the state accused her of mistreating.
The Supreme Court affirmed the circuit court's order in granting the writ of prohibition and remanded the case back to the circuit court for further proceedings, according to the Nov. 10 opinion.
Justice Tim Armstead authored the majority opinion.
"The Magistrate Court of Putnam County agreed with Petitioner and dismissed the charge," the opinion states. "After obtaining a stay, the State sought a writ of prohibition in the Circuit Court of Putnam County to prevent the magistrate court from dismissing the charge."
The circuit court granted the writ, concluding that the state code did not apply to livestock only if such livestock are "kept and maintained according to usual and accepted standards of livestock."
"On appeal, Petitioner asks us to reverse the circuit court," Armstead wrote in the unanimous opinion. "However, based on the record before us, the arguments of the parties, and the applicable law, we find that the writ of prohibition was properly granted, and we affirm the circuit court’s order granting the writ and remand this case to the circuit court for further proceedings consistent with this opinion."
A Putnam County humane officer searched Beasley's premises in February 2020 pursuant to a warrant and seized several horses and a donkey that were later examined by a veterinarian who determined they had been mistreated.
Beasley then demanded a hearing and argued that farm animals were excluded from the state code, and the magistrate court dismissed the case and ordered the animals returned.
"Days later, the humane officer and an assistant prosecuting attorney filed a criminal complaint charging Petitioner with six counts of animal cruelty," Armstead wrote.
The magistrate court dismissed the complaint, but stayed the dismissal on the state's motion and the state filed a writ petition with the circuit court seeking to prohibit the magistrate court from dismissing the case.
"Because we hold that § 61-8-19(f) establishes an exclusion for farm livestock only when they are 'kept and maintained according to usual and accepted standards of livestock ... production and management,' and because the circuit court so held, we affirm the circuit court’s May 17, 2021, order granting the writ of prohibition and remand this case to the circuit court for further proceedings consistent with this opinion," Armstead wrote.
West Virginia Supreme Court of Appeals case number: 22-0475
