Assistant District Attorney Overrules Deputy in Animal Cruelty Case

After their Miniature Schnauzer was clubbed nearly to the point of death by a Frontier Communications Technician, a Jackson County Deputy told the Raricks, and their neighbors, that the Frontier Tech would be charged with "Cruelty to an Animal".

Saturday morning, the Raricks learned that that Deputy's decision was overruled by a Jackson County Assistant Attorney. No one from the District Attorney's Office has yet spoken to the Raricks, or any of the witnesses.

According to the Deputy, the ADA essentially said that the Frontier Technician's actions did not constitute a crime.  At question is how the ADA could make this determination without speaking to the Raricks and their neighbors.

The Raricks recently moved into their cabin, and don't yet know any of their neighbors personally. If these completely impartial witnesses to the assault are to be believed, then it certainly appears to a layperson that the NC "Cruelty to Animals" Statue should apply?

http://asci.uvm.edu/equine/law/cruelty/nc_cruel.htm 

ARTICLE 47. CRUELTY TO ANIMALS.
14-360 Cruelty to animals; construction of section.
(a) If any person shall intentionally overdrive, overload, wound, injure, torment, kill, or deprive of necessary sustenance, or cause or procure to be overdriven, overloaded, wounded, injured, tormented, killed, or deprived of necessary sustenance, any animal, every such offender shall for every such offense be guilty of a Class 1 misdemeanor.

(b) If any person shall maliciously torture, mutilate, maim, cruelly beat, disfigure, poison, or kill, or cause or procure to be tortured, mutilated, maimed, cruelly beaten, disfigured, poisoned, or killed, any animal, every such offender shall for every such offense be guilty of a Class I felony. However, nothing in this section shall be construed to increase the penalty for cockfighting provided for in G.S. 14-362.

(c) As used in this section, the words "torture", "torment", and "cruelly" include or refer to any act, omission, or neglect causing or permitting unjustifiable pain, suffering, or death. As used in this section, the word "intentionally" refers to an act committed knowingly and without justifiable excuse, while the word "maliciously" means an act committed intentionally and with malice or bad motive. As used in this section, the term "animal" includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and Mammalia except human beings. However, this section shall not apply to the following activities:
(1) The lawful taking of animals under the jurisdiction and regulation of the Wildlife Resources Commission, except that this section shall apply to those birds exempted by the Wildlife Resources Commission from its definition of "wild birds" pursuant to G.S. 113-129(15a).
(2) Lawful activities conducted for purposes of biomedical research or training or for purposes of production of livestock, poultry, or aquatic species.
(2a) Lawful activities conducted for the primary purpose of providing food for human or animal consumption.
(3) Activities conducted for lawful veterinary purposes.
(4) The lawful destruction of any animal for the purposes of protecting the public, other animals, property, or the public health.

The Raricks and their neighbors are going to request a meeting with the Jackson County ADA first thing Monday morning.