A Swoope man was sentenced today to one year in jail, with six months suspended, for an animal cruelty case dating back to July.
Cody Lee Frost pleaded no contest to the animal cruelty charge against him in Augusta County Circuit Court this morning. According to court records, the charge was downgraded from a Class 6 felony to a misdemeanor.
Court records show there will also be 12 months of supervised probation to begin upon Frost’s release. AFP was told the jail time may be amended to home confinement with an ankle monitor.
The charge stems from a case where a local animal rescue group got a call last summer about a four-month-old pit bull, Koi, that had been severely burned and was initially considered likely to die from the injuries.
The caller reported that she had been to a home in Augusta County and encountered a dog that had something wrapped around its jaws to keep it from barking, had burns all over its body and was confined to a crate.
Because the caller had been to the home and had a connection to the family, she worked with Dogs Deserve Better Blue Ridge to have the owner surrender the puppy so that it could get proper veterinary care.
While DDBBR does its best to work with pet owners on education and improving conditions for pets, this was an instance of animal torture, and ethically, the organization had to report the situation to law enforcement.
Initially, Frost and a live-in caregiver were both potentially facing charges. However, Frost, who is disabled, was ultimately the only one to face charges in the case.
Under a relatively new law in Virginia, Tommie’s Law, animal cruelty, even when it doesn’t result in the animal’s death, is a felony offense.
The Virginia law went into effect July 1, 2019, and applies to anyone who “tortures, willfully inflicts inhumane injury or pain,” or “cruelly and unnecessarily beats, maims or mutilates any dog or cat.” The person may be found guilty of a Class 6 felony punishable by up to five years in prison and a fine of up to $2,500.
The bill was unanimously approved by Virginia’s House of Delegates and Senate before advancing to then-Gov. Ralph Northam for his signature.
Tommie, after which the bill was named, was a pit bull who was tied to a pole and set on fire in Richmond. The case was widely discussed in animal rescue circles because the perpetrators of this awful act would only face a misdemeanor charge if the dog survived.
The discussion led animal advocates and lobbyists to team up to work with legislators on a bill that would strengthen the sentence of someone who committed a serious crime against a dog or cat. In the case of Tommie, he died five days later from the injuries he sustained in the attack.
This is the first case that DDBBR was involved with that Tommie’s Law applied to and resulted in a felony charge.
DDBBR founder Kimberly Hawk said she is “happy with the outcome” of the court case involving Koi.
Because of the new law, she said, prosecutors were able to negotiate a tougher penalty. Before the law, Hawk said, people who faced similar charges often didn’t get much more than a slap on the wrist.
When Koi was surrendered to DDBBR last July, he required fluids and pain medicine. He had severe burn wounds and a pelvic fracture.
Court testimony from the defendant’s attorney allegedly sought to downplay the injuries, saying that the burns that Koi received were accidental after an attempt to kill fleas on the dog by pouring hot water on the animal.
According to Hawk, the plea deal does not allow Frost to own any additional companion animals in the future, and he must pay more than $4,000 in restitution for the veterinary care that Koi received.
“I don’t think that would have happened without Tommie’s Law,” said Hawk. “I’m glad we did get justice for Koi. If we wouldn’t have gotten him when we did, he most definitely would have died.”
After extensive treatment at Westwood Animal Hospital and Veterinary Emergency Services and water therapy, Koi is now a happy dog living with his foster mom (who has plans to adopt). His foster mom is a vet tech from VES who cared for his injuries.
“He’s (Koi) beautiful now. He’s so healthy looking now,” Hawk said. “He’s incredibly bonded with his foster mom. She did such a great job with him … it’s a happy ending.”
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Crystal Graham
