Commonwealth v. Nygaard, 05-M-703/815 (Fayette District Court July 26, 2005)

Lexington Humane Society (”LHS”) filed an Amicus Curie Brief in a criminal matter to argue for restitution in its favor from the defendant based upon LHS having cared for and boarded (at its expense) several animals during the pendency of the criminal matter which were the basis for cruelty charges against the defendant.  The trial court held in its Opinion and Order entered on August 1, 2005, that Kentucky’s restitution statute permitted restitution only to the “victim” as defined by statute and a third party vendor or payor is not a “victim.”

Restitution/Victim/criminal/animals/cruelty

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