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

Delmar Man Appeals Sentence in Chicken Deaths Case

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. 

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