Delmar Man Appeals Sentence in Chicken Deaths Case - WBOC-TV 16, Delmarvas News Leader, FOX 21 -

Delmar Man Appeals Sentence in Chicken Deaths Case

Posted:
Joshua Shelton Joshua Shelton

SALISBURY, Md. (AP/WBOC)- A Delmar man convicted of breaking into a chicken house but cleared of other charges in the deaths of 33,700 birds killed after power was turned off, is appealing part of his sentence.

A motion to correct 21-year-old Joshua Shelton's sentence was denied and his attorney is appealing.

Shelton of Delmar was sentenced to 60 days in jail last month after he was convicted of fourth-degree burglary. But Assistant Public Defender René Tywang argues that Shelton's acquittal on animal cruelty and malicious destruction of property charges means he should not have to pay more than $5,000 in restitution to the birds' owner. Tywang says restitution should be ordered "as a direct result of the crime."

It was last August when Shelton was discovered in the generator shed on Mark Shockley's farm in Delmar. Shockley discovered Shelton passed out in the shed in his underwear. He also found the power switches to his chicken houses turned off and over 30,000 chickens dead. Shelton testified in court in April that he had been on the farm drinking with a friend and Shockley's daughter.

Prosecutors expect the sentence to be upheld. 

  • Most Popular StoriesMost Popular StoriesMore>>

  • Two People Critically Injured in Sussex County Crash

    Two People Critically Injured in Sussex County Crash

    Tuesday, April 22 2014 11:24 PM EDT2014-04-23 03:24:31 GMT
    MILLSBORO, De - Delaware State Police say Bank Road in Millsboro is closed following a two-vehicle collision that occurred around 9 p.m. this evening. Police say two people were removed from the scene of the accident and are being treated for critical injuries. Troopers are still investigating this motor vehicle accident in Sussex County.More
    MILLSBORO, De - Delaware State Police say Bank Road in Millsboro is closed following a two-vehicle collision that occurred around 9 p.m. this evening. Police say two people were removed from the scene of the accident and are being treated for critical injuries. Troopers are still investigating this motor vehicle accident in Sussex County.More
  • Convicted Sex Offender Sentenced for Child Porn

    Convicted Sex Offender Sentenced for Child Porn

    A man who previously served four years in prison for possession of child pornography has been sentenced to 15 years on another child porn charge.More
    A man who previously served four years in prison for possession of child pornography has been sentenced to 15 years on another child porn charge.More
  • Mitt Romney Gives to McDonnell Defense Fund

    Mitt Romney Gives to McDonnell Defense Fund

    Wednesday, April 23 2014 1:17 AM EDT2014-04-23 05:17:50 GMT
    Newly released tax records show former Gov. Bob McDonnell's legal defense fund raised nearly $150,000 during the first quarter of this year.More
    Newly released tax records show former Gov. Bob McDonnell's legal defense fund raised nearly $150,000 during the first quarter of this year.More
Powered by WorldNow

All content © Copyright 2000 - 2014 Worldnow and WBOC. All Rights Reserved. For more information on this site, please read our Privacy Policy and Terms of Service