Bow-killing veterinarian's motion for new trial denied

Bow-killing veterinarian's motion for new trial denied

Administrative law judges overseeing the case find Kristen Lindsey failed to show good cause.
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Jul 19, 2016

Kristen Lindsey, DVM, the Texas veterinarian infamous for shooting a cat with a bow and arrow, has been denied a partial retrial, according to court documents. In June 2016, Lindsey's lawyer filed a motion for a partial new trial and to strike the testimony of an expert witness who testified on behalf of the Texas Board of Veterinary Medical Examiners (TBVME).Lindsey testifying during her administrative hearing. (Photo courtesy of Alley Cat Allies)

During the administrative hearing, William Folger, DVM, MS, DABVP (feline), feline regent for the American Board of Veterinary Practitioners, was called to discuss the markings of the cat in question and the pain and suffering it had likely experienced. He also testified that he believed the cat was still alive when Lindsey posed for the photo, based on its positioning, local media reported at the time of the hearing. Lindsey had maintained that the cat died instantaneously in her testimony.

The new trial motion asserted Folger was inconsistent in the testimony he presented at the hearing and statements he'd made on the Veterinary Information Network (VIN) website. Folger had also displayed animosity towards Lindsey, comparing her to Hannibal Lecter and calling her a lunatic, court documents state.

On July 18, the administrative law judges assigned to the case denied Lindsey's motion, stating that she had failed to show good cause to grant the motion and that the motion for the partial new trial was premature. "Pursuant to the Administrative Procedure Act, a motion for rehearing must be filed ‘no later than the 25th day after the date the decision or order that is the subject of the motion is signed.’ No decision or order concerning this case will issue until the Proposal for Decision is issued, reviewed, and acted upon by the Board," the order states.

The case involving Lindsey began more than a year ago, and centers around a graphic photo she posted on her Facebook account in April 2015 that bragged about shooting a cat with a bow and arrow.

"My first bow kill ... lol," the post read, accompanying the photo of the veterinarian smiling and holding the cat by an arrow which appeared to be shot through its head. "The only good feral tomcat is one with an arrow through it's [sic] head! Vet of the year award ... gladly accepted."

Though there was a crush of public outrage from all corners of the world, an Austin County grand jury found there was insufficient evidence to charge Lindsey with criminal animal cruelty in connection with her actions. However, the TBVME found her in violation in the Veterinary Practice Act and started the process to revoke her license.

A mediation session aimed at resolving the case was unsuccessful and a hearing before administrative law judges took place on April 25-26, 2016. Testimony was heard from witnesses called by both Lindsey and the TBVME. Following that hearing, just before the June 10 deadline for final arguments, Lindsey filed the motion for the partial new trial.

The TBVME's response to Lindsey's motion called it an "eleventh-hour attempt to discredit a highly reliable, informative expert witness," according to court documents. The board asserted that Lindsey's motion didn't meet the required elements to reopen evidence, that she hadn't shown good cause for partial new trial and that there was no basis to strike Folger's testimony. The TBVME asked that the motion be denied by the administrative law judges overseeing the case.

Michelle Griffin, the TBVME's attorney, tells dvm360 that at the earliest the administrative law judge's proposal for decision could be considered and voted on at the next TBVME board meeting on October 18, 2016. However, the board expects the case will not be heard until the January 24, 2017 full board meeting.

Kristen Lindsey

A very young person who made some very bad choices. It's certainly easy to vilify Dr. Lindsey for these choices. For me, and anyone else who was young and thought they were bullet proof, I can't relate to the gravity and publicity of this particular situation but I can certainly attest to making poor decisions as a young adult, professional or otherwise. Rather than write Dr. Lindsey off as a human being, though, as so many seem to want to do, I would rather hope that she would learn from this experience and go on to continue as a working professional who finds success in her career path. Should she continue her career as a practicing veterinarian? In my opinion probably not; even if she is truly remorseful for her actions they do not appear to be the actions of a true advocate for animal welfare. However, just by graduating veterinary school she has shown that she is intelligent and hard working and should have the opportunity to use those qualities in a productive and meaningful way.

Kristen Lindsey

The solitary fact that this "person" would aim a weapon of any kind at an obvious domestic companion animal is enough to revoke any license regardless of any facet of activity within the practice of veterinary medicine. She gleefully took the life of an animal thus breaking the most important oath of being awarded a license to practice veterinary medicine.
For those who are not familiar with that oath, here it is: "Being admitted to the profession of veterinary medicine, I solemnly swear to use my scientific knowledge and skills for the benefit of society through the protection of animal health and welfare, the prevention and relief of animal suffering, the conservation of animal resources, the promotion of public health, and the advancement of medical knowledge.

I will practice my profession conscientiously, with dignity, and in keeping with the principles of veterinary medical ethics. I accept as a lifelong obligation the continual improvement of my professional knowledge and competence).

Further, this woman should have been (and perhaps still will be) tried for extreme animal cruelty, animal abuse, and callous disregard for life due to intentionally and without forethought taking a life. Whether or not there is a veterinary clinic in this country who would employ this woman is surely doubtful. There is a great deal to say to and about this person and with the hope of thousands around the world, justice will be served when the Texas Board of Veterinary Medical Examiners revokes her license to practice anywhere in the United States. By this action, the TBOVME will not only have established a precedent but will also solidify its reputation by protecting against animal cruelty and presenting a united force against such acts.

Kristen Lindsey

Waiting for Justice for Tiger. Veterinarians do not hunt pets , hold them up with an arrow in it's eye while still alive, and boast about it. Do not ever hire her. People are watching this case.

Liscense should be revoked.

Kristen Lindsey should loose her license and be prosecuted for animal cruelty. She should spend time in prison.