An appeals court has reversed the conviction of Terry Eugene Michel, a Franklin County man found guilty by a jury of killing his two Labrador retrievers in a case followed closely by the community.
In a 2-1 decision, the Virginia Court of Appeals ruled Tuesday that prosecutors failed to prove that Michel acted cruelly — a required element for a felony conviction — when he shot both dogs point blank in the head.
Because the dogs were killed instantly, “the record is devoid of support to show Colby and Caleb endured pain or suffering,” the court wrote in an opinion that referred to the family pets by name.
After the jury convicted Michel of two counts of felony animal cruelty in October 2023, the then 59-year-old Army veteran was sentenced to 15 months in jail. He has since been released and is currently on probation.
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Terry Michel of Ferrum enters the courtroom for a preliminary hearing in Franklin County General District Court in May 2023 in Rocky Mount.
Defense attorney Aaron Houchens said he was pleased with the decision and hoped it would allow Michel and his family to move forward.
“This has been a long process and the toll on Mr. Michel has been severe,” Houchens said. “We hope that today’s decision provides closure.”
During the trial, Houchens asked Circuit Judge Tim Allen to allow the jury to consider a reduced, misdemeanor charge — a request the judge denied.
On Feb. 7, 2023, Colby and Caleb went missing from a Ferrum home they shared with Michel and his wife. Michel called 911 and reported the dogs were stolen by two unknown men after they got away from him during a walk in Rocky Mount’s Waid Park.
Caleb and Colby were reported stolen near the entrance of Waid Park on Feb. 7. They were found dead on the side of a road about 4 miles away days later.
A community-wide search ensued, with flyers and social media posts asking for information. The Franklin County Humane Society held a candlelight vigil for the two black labs, and a $4,000 reward was offered for their safe return.
The two dogs were found dead on the side of Carolina Springs Road on Feb. 14.
During an interview with Franklin County investigators, Michel first said he would never hurt the pets he loved — even though they prevented him from doing anything with his wife, who didn’t want the dogs to stay home alone.
“I didn’t do it to hurt her,” Michel said when asked if he had done it because of his wife. “I did it to save my marriage, and that is the God’s honest truth.”
Michel admitted to using his 9 mm pistol to shoot both dogs in the back of their heads.
A psychiatrist who evaluated the defendant while he was being held in jail before trial told the jury that he showed signs of depression, confusion, anxiety and ongoing post traumatic stress disorder.
Michel “was not in reality the same way a mentally healthy person would be at the moment of the offense,” Sharon Kelley, a professor of psychiatry and neurobehavioral sciences at the University of Virginia, testified during the two-day trial.
Given that the decision of a three-judge panel of the appeals court was not unanimous, prosecutors may decide to appeal the ruling. A call Tuesday afternoon to the Franklin County Commonwealth’s Attorney’s Office was not immediately returned.
In a dissent, Judge Steven Frucci opined that the evidence was sufficient to find that Michel acted inhumanely.
Michel "took the dogs to a desolate, wooded area...tethered them together and executed them one by one,” Frucci wrote. The gunshots “caused both dogs to have their skin ripped apart, skulls split open, and portions of their heads permanently destroyed.”
“The evidence presented was more than sufficient to show that Michel acted voluntarily with a consciousness that an inhumane injury would occur,” the dissent stated.
