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case. He acted too quickly. If he had waited a few minutes longer, the dog might still be alive.”
Doug Baumgardner, Mr. Costello’s attorney, said, “The issue in this case has to do with malice. How did the circumstances appear to the defendant? Mrs. Baldwin said the dogs were out there and killing something. Mr. Costello reported the shooting to the authorities himself. This is a law abiding citizen.”
Judge W. Shore Robertson commented, “This is not an easy case. Venue and malice must be proved beyond a reasonable doubt. Venue and jurisdiction have been proved. The real heart of this case is whether the defendant maliciously shot this dog. In the mind of Mr. Costello, I do not think he had legal excuse to do what he did. I look upon the nature of the call from Mrs. Baldwin. I am going to give Mr. Costello the benefit of the doubt and find him not guilty.”
Also in circuit court last Thursday, a trial date of Oct. 20 was set for James Franklin Butler, 33, of Culpeper. Mr. Butler was indicted in January, 1993, for grand larceny and concealing stolen property. He entered into a plea agreement with the Commonwealth which dismissed his grand larceny charge, but the plea agreement was withdrawn after Mr. Butler was arrested in two incidents since the plea agreement was made.
Sylvia Davis, 44, of Warrenton, and Donna Sue Jackson, 28, of Warrenton, were both accepted into the CDI program in lieu of jail sentences. Both women had been found guilty of check forgery.
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