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.