ROANOKE, Va. (WDBJ) – The man and woman charged with animal cruelty after leaving two dogs locked in a hot car last year were found not guilty in a bench trial Monday.
James Lipscomb and Ashleigh Hutton were charged with animal cruelty when one dog died and the other required emergency veterinarian care.
During the trial, Commonwealth’s Attorney Joshua Dietz argued the couple, dating at the time, willingly subjected the animals to abuse by leaving them in the car for nearly 40 minutes while they ate lunch at Texas Tavern in June 2023.
Witnesses called by Dietz testified they could hear the dogs panting from outside the car with no owners to be found, and called for police assistance. Roanoke Officer Gardner testified he put his hand in the car, and could feel no AC, saying the car was extremely hot.
Officer Gardner testified to approaching the defendants after they arrived, saying they argued the car was on. Just a few minutes after they arrived back at the car, they realized Cookie had died. They were arrested at the scene.
A veterinarian took the stand and testified Cookie had died from a heatstroke. She also testified it was clear that Meech, the second dog, showed signs of exhaustion, but was otherwise healthy.
The defense used close friends of Lipscomb to argue he was a good father to the dogs, and treated them with care as if they were his own children.
After closing statements, the judge questioned the defendants’ judgement of leaving two animals in the car, saying, “This is all about unquestioningly poor judgement.”
The judge found the defendants not guilty, saying there was not enough evidence to prove animal abuse.
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