Judge overturns conviction of Mass. man who ran over duck; prosecutor won’t appeal

By AP
Wednesday, March 10, 2010

Conviction vacated for Mass. man who ran over duck

NEW BEDFORD, Mass. — A judge has overturned the verdict against a Massachusetts man convicted of running over a duck walking her ducklings across a mall parking lot, and prosecutors say they will not appeal.

Joshua Linhares, of Acushnet (uh-KOOSH’-neht), ran over the duck at the Dartmouth Mall in June. He was sentenced to one year of probation in December after being convicted of animal cruelty.

The Standard Times of New Bedford reports that the judge who presided over the trial vacated the verdict last month after hearing from Linhares’ lawyer, who argued that evidence did not prove that Linhares intentionally ran over the bird.

Bristol District Attorney Samuel Sutter said Tuesday his office will not appeal because of financial constraints.

Information from: The Standard-Times, www.southcoasttoday.com

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