DEMAND JUSTICE FOR BUDDY!

Virginians for Animal Welfare

Alert     11/16/09      November Court Watch Short notice, but try to get to the jury trial on Tuesday, 11/17/09, at 9:30 am in Gloucester.  Defendants are John McGill and Melissa McGill. There is also a trial that same day in Frederick County at 3 pm.  Defendant is Linda McLaughlin. Try to attend the trial of Donald Morris in Hanover County on Thursday, 11/19/09.  Dog fighting is involved. As a follow up to the recent alert about King George County (Silent Witness - The Trial is Over) there will be action in King George General District Court for Iris Hedrick on 11/18/09 at 10 am.  It is possible a suspended sentence will be revoked. There are two sentencing cases.  In Sussex County, John Boudiette will be sentenced on 11/18/09 at 9 am, and in Spotsylvania County, Robert Ward will be sentenced on 11/30/09 at 9 am. Please check the day before with the clerk's office to make sure the proceeding is still scheduled, and let the prosecutor know you will be there.  Even if you can't attend, you can show your support with a call or e-mail to the prosecutor. Here is the list of cases for November followed by details of each case, some with updates already available and entered.   11/3/09 Tuesday - 9 am Kenneth Samuels Westmoreland County General District Court anticipated action:  hearing 11/6/09 Friday - 10 am Justin Bindel Staunton General District Court anticipated action:  case continued or dismissed 11/9/09 Monday - 9:30 am Donna Renk Virginia Beach Circuit Court anticipated action:  trial 11/10/98 Tuesday - 9 am Michael Gibson Fauquier County Circuit Court anticipated action:  civil seizure hearing 11/10/09 Tuesday - 1 pm Patricia Cohan-Kinlaw Southampton County General District Court anticipated action:  show cause hearing 11/12/09 Thursday - 1:30 pm David W. Robinson Henrico County General District Court anticipated action:  trial 11/13/09 Friday - 11 am Melvin Boone Cheri Campbell Anthony Eldridge Kelvin Thompson Adam Webb Powhatan County General District Court anticipated action:  possible trial 11/16/09 Monday - 9:30 am Patti Wheeler Chesterfield County Circuit Court anticipated action:  Grand Jury proceeding 11/16/09 Monday - 1:30 pm William Travis Williams Bedford County General District Court anticipated action:  preliminary hearing on dog fighting charge 11/17/09 Tuesday - 9:30 John McGill Melissa McGill Gloucester County Circuit Court anticipated action:  jury trial 11/17/09 Tuesday - 3 pm Linda McLaughlin Frederick County/Winchester General District Court anticipated action:  trial 11/18/09 Wednesday - 9 am John Boudiette Sussex County Circuit Court anticipated action:  sentencing 11/18/09 Wednesday - 10 am Iris Hedrick King George District Court anticipated action:  possible revocation of suspended 2007 sentence 11/19/09 Thursday - 1:30 pm Donald Morris Hanover County General District Court anticipated action:  trial 11/20/09 Friday - 11 am Nancy Sorrell Mackall Orange County General District Court anticipated action:  trial NOTE:  died 11/3/09 11/20/09 Friday - 11 am Melvin Boone Kelvin Thompson Powhatan County General District Court anticipated action:  arraignment on failure to appear charges 11/24/09 Tuesday - 1 pm Patricia Cohan-Kinlaw Southampton County General District Court anticipated action:  arraignment 11/30/09 Monday - 9 am Robert James Ward Spotsylvania County Circuit Court anticipated action:  sentencing _______________________________ 11/3/09  Tuesday         9:00 a.m. Westmoreland County General District Court Courthouse; 111 Polk Street; Montross, VA  22520 Clerk:  Jane Branson  804-493-0105         fax:     e-mail:  jbranson@courts.state.va.us Prosecutor:  Deputy Commonwealth's Attorney Joshua Boyles  804-493-0114         fax:     e-mail:  jboyles@westmoreland-county.org Defendant:  Kenneth Elwood Samuels Original Charges:  (in General District Court)           three Class 1 misdemeanor charges under 3.2-6570 - cruelty to animals            generally (one charge has a 3/14/09 arrest; two have 3/17/09 arrests)           two Class 3 misdemeanor charges under 3.2-6504 - abandonment of            animals (one charge has a 3/14/09 arrest; one has arrest on 3/17/09)           three unclassified misdemeanor charges under 3.2-6554 - not disposing            of dead companion animal (one charge with a 3/14/09 arrest and two with            3/17/09 arrests) Current Charges: (in Circuit Court)           one misdemeanor charge of failure to obey court order - under 19.2-306 Background:  A notice in the Northern Neck News of 3/18/09 indicated a 21-year old Hague man was charged on a Westmoreland County warrant with abandonment of an animal.  In September, 2008, Kenneth Samuels and his family and dogs rented a home without electricity or water; Mr. Samuels said the landlord was to help with these utilities.  None having materialized, Mr. Samuels moved about two miles away, but was only allowed to keep one of his dogs in the new location; he had four dogs.  With insufficient money for dog food, three dogs were kept in the original house, with virtually no water or food.  According to Tom Hamilton, Westmoreland animal control officer, a realtor found two dead dogs in that home on 2/3/09.  When ACO Hamilton went to the scene the next day, the bodies were gone, later found near the new residence of Mr. Samuels.  Two dog bodies were found in the trunk of Mr. Samuels's car, and the third dog was found in a dog carrier.  Judge Wilkins said that Mr. Samuels could have saved the lives of the dogs by calling ACO Hamilton to take the dogs; ACO Hamilton said it is "normal procedure" to take in animals that cannot be cared for, and his shelter adopts such animals or transfers them to a no-kill shelter. Mr. Samuels was tried on 5/26/09.  One abandonment of animals charge was dismissed. However, Mr. Samuels was found guilty of three charges of failure to dispose of dead companion animals, and two misdemeanor charges of general cruelty to animals.  Mr. Samuels was charged for burial costs ($60.94 in restitution) and fines/court costs of $482.11.  He was also found guilty on two charges of cruelty to animals, and given 90 days in jail, suspended, based on peace and good behavior for the next three years.  In addition, he was ordered to complete 50 hours of community service - work that would benefit the shelter, but not allow Mr. Samuels to work with the animals.  On 5/26/09, Mr. Samuels was prohibited from owning any companion animals in the future and was forced to give up the one dog still with the family, the Judge saying he didn't trust Mr. Samuels's judgment to care for the dog. Mr. Samuels was to appear in Westmoreland County General District Court on 7/7/09 to show cause to Judge Wilkins for failure to obey an order of the court, specifically regarding owning or possessing companion animals.  Judge Wilkins was the Complainant; two charges were filed on 6/17/09, a date after the trial was completed.  Mr. Samuels did not come to court that day.  He was to be in court on 8/4/09, again addressing his failure to obey court orders regarding having an animal, and to be arraigned.  However, the case was continued from 8/4/09 to 9/15/09.  On 9/15/09, there were two separate failure to obey court order counts.  On one charge, Mr. Samuels was found guilty on 9/15/09, but he immediately appealed the case.  Mr. Samuels's appeal resulted in a trial scheduled for 10/22/09 in Westmoreland Circuit Court, but on that day, Mr. Samuels pleaded guilty.  He was sentenced to 90 days in jail with 84 days suspended, and costs of $429.61. Action on the second failure to obey count was continued to 11/3/09. anticipated action:  hearing UPDATE:  On 11/3/09, Mr. Samuels did not appear in court, and the case became a "Fugitive File".  There is now a warrant waiting to be served.  11/6/09  Friday 10:00 am Staunton General District Court 113 E. Beverley Street; First Floor; Staunton, VA  24401-4390 Clerk:  Nancy J. Long 540-332-3878  fax:  540-332-3985 e-mail:  NLong@courts.state.va.us                                                         (not confirmed ) Prosecutor:  Asst. Commonwealth's Attorney Kieran H. Bartley 540-332-3976  fax:  540-332-3977 e-mail:  bartlekg@ci.staunton.va.us Defendant:  Justin Michael Bindel Charge:  class 1 misdemeanor - cruelty to animals - under 3.2-6570 Background: Justin Bindel allegedly beat a Chihuahua puppy.  He was charged with a Class 1 misdemeanor of animal cruelty, a charge with a possible penalty of 12 months in jail and a fine of $2,500.  Mr. Bindel was arraigned on 4/17/09. On 5/6/09, the Court found the facts of this case to be sufficient to convict; however, the Judge could dismiss the case in 6 months (the 11/6/09 court date that is on the online court records) if Mr. Bindel gets in no more trouble.  Mr. Bindel was assessed $201.00 in costs. Commonwealth's Attorney Ray Robertson (8/19/09) summarized the case:  the Chihuahua was beaten by Mr. Bindel in front of his residence after the dog had wet the carpet inside his home.  Neighbors saw and reported the incident.  On 5/6/09, Mr. Bindel was represented by the public defender's office and appeared before a substitute judge, Ms. Lynn Lawson, who ruled there was sufficient evidence to convict, but she took the case under advisement for 6 months on condition the defendant had no further trouble with the law, especially in relation to abusing his dog.  In August, 2009, a Rockingham County Grand Jury indicted Mr. Bindel (and one other person) for the first degree murder of a former roommate, a crime that carries from 20 years to life in prison without parole.  In addition, Mr. Bindel was charged with the use of a firearm during the commission of a felony which carries an additional 3 years, and possession of a firearm by a convicted felon, which can net him another 5 years in prison.  Mr. Bindel has clearly violated the terms of the "advisement" received from Judge Lynn Lawson, and in addition to these new offenses and his failure to pay court costs, it is assumed that when his case is reviewed on 11/6/09, he will be found guilty.  Charges on the murder and related charges are scheduled to be heard in the Circuit Court of Rockingham County on 11/30/09 when a jury is scheduled for a 5 day trial. The Assistant Commonwealth's Attorney, Kieran Bartley, provided (11/3/09) additional information after reviewing the case with Commonwealth's Attorney Ray Robertson.  The substitute judge, Ms. Lynn Lawson took Mr. Bindel's case under advisement 5/5/09 with instructions that if there were "no problems" in the next six months, the charge would be dismissed.  The murder charge and related charges refer to events from February, 2009, and so Mr. Bindel's actions then took place before Judge Lawson became involved.  All that matters to the Judge on 11/6/09 is Mr. Bindle's behavior between 5/5/09 and the court date of 11/6/09.  In addition, Commonwealth's Attorney Bartley has not found any charges against Mr. Bindel since 5/5/09 in the General District Courts of surrounding cites/counties.  He believes it is doubtful that Judge Lawson will find Mr. Bindel in violation of his advisement conditions for not paying the court costs of $201.00.  It is possible the case will be continued because costs have not yet been paid, but if no other charges in other jurisdictions are surfaced, the case may also be dismissed. action anticipated:  case may be continued or dismissed UPDATE:  Because Mr. Bindel did not pay his court costs of $201.00, his case was continued until 12/2/09.  That date is after the murder trial of Mr. Bindel scheduled for 11/30/09 in Rockingham Circuit Court.   11/9/09 Monday       9:30 a.m. Virginia Beach Circuit Court 2425 Nimmo Parkway; Judicial Center, Building 10, Virginia Beach, VA 23456 Clerk:  Hon. Tina E. Sinnen 757-385-4181   fax:        e-mail:  TSinnen@courts.state.va.us Prosecutor:  Asst. Commonwealth's Attorney Ed Booth 757-385-8639   fax:        e-mail:  ebooth@vbgov.com Defendant:  Donna Marie Renk Charges:   one Class 6 felony charge - torture animal causing death - under 3.2-6570                   one Class 6 felony charge - animal cruelty, second offense in 5 years -                    under 3.2-6570 Background: Donna Renk faces animal cruelty charges for abandoning two dogs.  The owner of the property which Ms. Renk rented lives next door.  He had not seen Ms. Renk for over two weeks.  As he was cutting grass, he noticed a bad smell coming from the house, and he could see many flies and an animal crate.  Officers entered the property and found the remains of two dogs.  A warrant was issued for her arrest, but Ms. Renk initially could not be located.  She was found, arrested on 6/11/09, and arraigned on 6/15/09.  On 7/24/09, the charges were sent to the Grand Jury, and on 8/3/09 the Grand Jury indicted.  The case is therefore now in Circuit Court. Counsel was appointed on 8/27/09.  On 9/8/09, the Commonwealth's Attorney and court-appointed counsel set a trial date of 11/9/09. action anticipated:  trial   UPDATE:  Sr. Assistant Commonwealth's Attorney Edwin Booth reported on 11/5/09 that this case will not go to trial on 11/9/09, but will most likely be rescheduled for January, 2010. 11/10/09   Tuesday     9:00 a.m. Fauquier County Circuit Court 29 Ashby Street; Warrenton, VA  20186 Clerk:  Gail Barb 540-347-8610     fax:       e-mail:  clerk@fauquiercounty.gov Prosecutor:  Asst. Commonwealth's Attorney Russell Rabb 540-347-8684     fax:       e-mail:  Defendant:  Michael Gibson Issue:  appeal of civil seizure/impoundment of animals - under 3.2-6569 Background: This case has been reported in several earlier Court Watch Alerts.  This entry will only deal with the current seizure issue. In June, 2009, concerned about the care being provided to a large number of animals, warrants were issued to seize cats, dogs, birds, and a turtle.  Mr. Gibson did not retrieve his animals.  Another warrant resulted in the confiscation of 18 horses. On 10/1/09, a second civil seizure hearing addressed the seizure of 20 of his horses, as Mr. Gibson had not come to reclaim his animals after the first seizure.  The court upheld the second seizure; Mr. Gibson had 10 days in which to appeal that decision, and needed to post a $25,000 bond.  Able to secure the $25,000 bond, Mr. Gibson appealed the seizure on 10/9/09 to the Fauquier County Circuit Court.  The next step is a hearing on the matter in Circuit Court.  Note that this only addresses the horses.  All other animals found new homes. NOTE:  Mr. Gibson is a former Animal Control Officer; he worked in Alexandria. action anticipated:  civil seizure hearing UPDATE:  outcome of civil seizure hearing not known; trial date of 3/8/2010 set 11/10/09  Tuesday   1:00 p.m.     Southampton County General District Court 22350 Main Street, Courtland, VA  23837 Clerk:  Belinda J. Jones 757-653-2673    fax:  757-653-2656    e-mail:  bjones@courts.state.va.us Prosecutor:  Assistant Commonwealth's Attorney George Bruch 757-653-2045    fax:  757-653-2492    e-mail:  GeorgeBruch@charterinternet.com Defendant:  Patricia Cohan-Kinlaw  (AKA Cohan) Charges: 1 Class 4 misdemeanor count of failure to care for 21 cats                 1 Class 4 misdemeanor count of failure to provide adequate vet care                 1 misdemeanor charge, no Class provided, of general license required                 1 misdemeanor charge, no Class provided - no valid license on 22 dogs                  2 Class 1 misdemeanor counts of animal cruelty generally                 2 Class 4 misdemeanor counts of inadequate animal care by owner                 1 Class 3 misdemeanor count of pet shop not offering adequate care Background: Ms. Cohan was investigated for running an unlicensed kennel and keeping the animals in poor health conditions after police served a search warrant at her home on 6/27/08 and found 22 unlicensed dogs, including 8 puppies and some adults with "open sores around the head areas, as well as dogs showing signs of infections and problems with their hips" according to an affidavit from Southampton Animal Warden James Cooke.  Cooke also said that he had visited the property previously in the company of a state veterinarian and had noted problems with the animals. A report from 3/30/09 stated there was a dog with a dead chicken tied around its neck on the property.  The owner, Ms. Cohan, reportedly was punishing the dog for killing her chicken.  The Sheriff's department was notified and Ms. Cohan is reported to have removed the chicken.  Further research determined that the dead chicken incident was considered separately, is not part of this action, and that the defendant is sometimes identified as Patricia Kinlaw, although in other cases as Patricia Cohan-Kinlaw, making it difficult to track her misdeeds. Charges have been resolved and reported in earlier Court Watch Alerts.  In this case, the remaining issue is the animal cruelty charge (a class 1 misdemeanor) of which Ms. Cohan was found guilty, given a one year suspended sentence with an administrative hearing scheduled for January 26, 2010.  Ms. Cohan will be in court because of a failure to comply with the sentence, so this will be addressed before the January 2010 date. This show-cause failure to comply charge hearing was continued from 10/20/09 to 11/10/09. action anticipated:  show cause hearing UPDATE:  continued to 1/26/10 11/12/09  Thursday  1:30 p.m. Henrico County General District Court 4301 E. Parham Road; Henrico, VA  23273-0775 Clerk:  Lawrence George Sprader 804-501-4723  fax:  804-501-7388  e-mail:  lsprader@court.state.va.us Prosecutor:  Deputy Commonwealth's Attorney Heidi S. Barshinger 804-501-4218  fax:  804-501-4110  e-mail:  bar16@co.henrico.va.us Defendant:  David W. Robinson Charges:  2 misdemeanor Class 1 charges under 3.2-6571 of promoting/engaging in                    animal fighting                    2 misdemeanor Class 1 charges under 3.2-6570 of animal cruelty generally Background: On the evening of Thursday, 4/16/09, a neighbor of David Robinson called the police, hearing the chaos of animals fighting at Mr. Robinson's home.  The police found at least 22 pit bulls.  Four of the dogs were injured and taken to a veterinarian for care.  One dog was found dead, and the others were taken into custody by Animal Control of Henrico County.  Since then, another dog in the custody of Animal Control has died. The police report all the dogs were kept in the fenced back yard on chains or in pens.  At least one dog broke free and started the fighting.  Police found many items associated with dog fighting including a portable dog ring, breaker bars, a pulling sled and harness, and a bag of medical equipment and dogs.   Ultimately, of the survivors, 12 pit bulls were euthanized.  Seven were considered as potentially adoptable, with two considered ready for adoption and the remaining five needing some training prior to adoption. Defendant David Robinson was a Corporal for the Richmond City Sheriff's Office, his job including law enforcement at the Richmond City jail.  Mr. Robinson has been dismissed. Mr. Robinson was arraigned on 4/17/09.  The trial that was anticipated to be held on 6/9/09 was continued to 8/3/09, as the Commonwealth's Attorney's office said investigation was continuing.  The case was re-set for 9/24/09, but it was subsequently continued to 11/12/09. anticipated action:  trial   UPDATE:  Instead of holding a trial, all four charges against David Robinson were Nol Prossed, and several days later, new charges were filed.  Those charges:  8 felony counts of dog fighting and 26 misdemeanor counts (14 animal cruelty, 8 animal neglect, 2 rabies certificate, and 2 no license).  Status date will be on 12/10/09 in Circuit Court.   11/13/09  Friday 11:00 a.m. Powhatan County General District Court 3880-D Buckingham Road; Powhatan, VA 23139 Clerk:  Ms. Gloria M. Blankenship 804-598-5665  fax:  804-598-5648   e-mail:  gblankenship@courts.state.va.us                                                                      (not confirmed) Prosecutor:  Commonwealth's Attorney Robert B. Beasley, Jr. 804-598-5668  fax:  804-598-7939   e-mail:  bbeasley@co.powhatan.va.us                                                                      (not confirmed) Defendants:  Melvin Boone                       Cheri Campbell                       Anthony Eldridge                       Kelvin Thompson                      Adam Webb            Charges:  class 1 misdemeanor  - animal cruelty - under 3.2-6570 Background: Five officers of the Virginia Department of Corrections were charged with animal cruelty involving fondling - engaging in sexual contact with a dog used in training, and allegedly videotaping two such incidents.  The officers charged are Melvin Booth, Cheri Campbell, Anthony Eldridge, Kelvin Thompson, and Adam Webb.  NOTE:  Originally, Adam Webb was to have a different court date, but all five ended up being processed together on 11/13/09. All five officers were training at the Academy for Staff Development in Goochland County, working with service dogs.  They were charged in Powhatan County because the kennel is located there at the Powhatan Correctional Center.  Mr. Boone worked at the state prison in Sussex County but is no longer employed there.  The Richmond Times-Dispatch of 10/27/09 reports that Mr. Boone is no longer employed by the state, although the Department of Corrections declined to say whether Mr. Boone was terminated or left on his own. Ms. Campbell works at the Nottoway Correctional Center. . Mr. Eldridge worked at the Nottoway Correctional Center but is no longer employed there. Mr. Thompson works at Green Rock Correctional Center in Chatham. Mr. Webb also worked at the Nottoway Correctional Center.    In addition to the animal cruelty charges against the group, Mr. Boone and Mr. Thompson also face failure to appear charges and that case will be heard on 11/20/09 (see entry below on that date). action anticipated:  possible trial UPDATE:  All five defendants had their animal cruelty charge Nol Prossed. 11/16/09 Monday    9:30 a.m. Chesterfield County Circuit Court 9500 Courthouse Road; Chesterfield, VA  23832-0144 Clerk:  Hon. Judy L. Worthington 804-748-1241  fax:  804-796-5625  e-mail:  circuitcourtclerk@chesterfield.gov Prosecutor:  Asst. Commonwealth Attorney Robby Fierro 804-748-1221  fax:  804-717-6277  e-mail:  fierroR@chesterfield.gov Judge:  Robert D. Laney Defendant:  Patti Wheeler Charges:            felony charge of destruction of property with intent - under 18.2-137 - sent to           Grand Jury Background: The case with Patti Wheeler as defendant has been covered in several previous Court Watch Alerts.  Ms. Wheeler has appealed four animal cruelty convictions.  Judge Laney certified a felony charge of destruction of private property (the house Ms. Wheeler rented and which is now condemned) to the Grand Jury. anticipated action:  Grand Jury proceedings NOTE:  Proceedings of the Grand Jury are not open to the public. NOTE:  On 11/9/09, Asst. Commonwealth's Attorney Robbie Fierro, who is prosecuting the case against Ms. Wheeler, said the one felony and five misdemeanor charges will be tried on 1/11/10 in Chesterfield Circuit Court.  He noted that at this time, Ms. Wheeler has not been formally indicted on her felony charge, but it is expected that will happen when the Grand Jury meets. 11/16/09 Monday    1:30 p.m. Bedford County General District Court 123 East Main Street; Bedford, VA  24523 Clerk: Carla F. Smith 540-586-7637  fax:  540-586-7684    e-mail:  csmith@courts.state.va.us Prosecutor:  Asst. Commonwealth's Attorney Mark Robinette 540-586-7628     fax:  540-586-2483 e-mail:   mrobinette@co.bedford.va.us Defendant:  William Travis Williams Charge:  one class 6 felony charge - promote/engage in animal fights - under 3.2-6571 Background: After a two month undercover interstate investigation, William Travis Williams of Marshal, NC, was arrested on an animal fighting charge.  On 9/19/09, Bedford County Animal Control and Bedford County Deputies, working with the Humane Society of the United States (HSUS), seized five pit-bulls.  The dogs were in cages at the Best Western Motel in Bedford, VA.  The investigation shows the dogs were transported to Virginia to engage in dog fighting in Virginia and West Virginia.  Mr. Williams was arrested after receiving $6,500.00 for transporting and selling the dogs to undercover agents disguised as dog fight coordinators from Virginia.  If convicted, Mr. Williams could face one to five years in prison and up to $250,000 in fines.  The dogs were being held at a Bedford County shelter.  Mr. Williams was arraigned on 10/15/09. action anticipated: preliminary hearing   11/17/09  Tuesday 9:30 a.m. Gloucester County Circuit Court 7400 Justice Drive; Ste. 327; Gloucester, VA  23061 Clerk:  Margaret Walker 804-693-2502  fax:  804-693-2186 e-mail:  mwalker@courts.state.va.us Prosecutor:   Gloucester County Attorney Edwin Wilmot 804-693-5575  fax:  804-693-2530 e-mail: ewilmot@gloucesterva.info Defendants:  John McGill                      Melissa McGill Charges:      John McGill      appealing 21 convictions (7/23/09) of Gloucester General District Court, all         misdemeanors with various dates of offense; includes 7 horse at large charges, 12      duties of ownership charges, and 2 contempt of court charges     Melissa McGill     appealing 28 convictions (7/23/09) of Gloucester General District Court, all     misdemeanors with various dates of offense; includes 6 horse at large charges, 15 duties     of ownership charges, and 3 contempt of court charges Background:  There is limited information on this case.  It is not clear, for instance, whether the horses at large and charged to Mrs. McGill are the same horses attributed to Mr. McGill.  It is not known, for instance, specifically where the horses went, any damage they may have caused, how they were captured and returned, where the horses are now, and how many horses in total are owned by either/both McGill.    Note that Melissa McGill is the daughter of Robert Warden, also of Gloucester, and also involved in court action currently regarding horses.  In addition, it is reported that Mr. and Mrs. McGill are estranged. action anticipated:  jury trial  11/17/09  Tuesday  3:00 p.m. Frederick County/Winchester General District Court 5 North Kent Street; Winchester, VA  22601 Clerk:  Brenda L. Vance 540-722-7208  fax:  540-722-1063   e-mail:  bvance@courts.state.va.us Prosecutor:  Ross Spicer, Asst. Commonwealth's Attorney 540-665-6383  fax:                           e-mail: Defendant:  Linda L. McLaughlin Charge:  Class 1 misdemeanor - cruelty to animals generally - under 3.2-6570 Background: After receiving two complaints about the welfare of cats (on 5/12/09 and 5/13/09), Frederick County authorities rescued approximately 200 cats from the home of Linda McLaughlin.  Animal Control Officer Megan Moreland served a search warrant on 5/12/09, executed because of possible animal cruelty.  Initially 193 live cats and seven dead cats were found.  According to Frederick County Maj. Robert Eckman, the dead cats were being eaten by the other cats.  He described it as "a horrendous case of neglect.  It's just unfathomable."  The strong ammonia smell made it very difficult for authorities to rescue the cats from the trailer, and the place was described as uninhabitable.  Animal Control Officer Moreland had previously talked with Ms. McLaughlin regarding care of the cats.  Ms. McLaughlin was not at her home on 5/12 as she was in a hospital in Prince William County at the time.  The cats were taken to Frederick County Esther Boyd Animal Shelter where they were initially quarantined.  On 5/26/09, a civil seizure hearing upheld the seizure.  This case was to go to trial on 10/6/09 but was continued to 11/17/09. action anticipated:  trial 11/18/09  Wednesday  9:00 a.m. Sussex County Circuit Court 15088 Courthouse Road; Sussex, VA  23884 Clerk:  Hon. Gary M. Williams 434-246-1011    fax:  434-246-2203     e-mail:  GMWilliams@courts.state.va.us Prosecutor:  Commonwealth's Attorney Lyndia P. Ramsey 434-246-1020    fax:  434-246-2630    e-mail:  LPRamsey@co.sussex.oca.state.va.us Defendant:  John Boudiette Charges:   10 misdemeanor charges under section 3.2-6570 (animal cruelty), nine of                     them involving dogs; the tenth involves a pot-bellied pig  Background: In May, 2003, John Boudiette lived in Suffolk, VA, and pled guilty to animal cruelty charges involving more than 100 Labrador retrievers which were kept in squalid conditions on his property.  Mr. Boudiette was forbidden to ever again own dogs in Suffolk.  It is understood he then moved to North Carolina before returning to Virginia, attempting to move with many dogs to Southampton County, VA.  Southampton County would not issue a license to Mr. Boudiette due to the number of dogs he had, but when he moved to Sussex County at least three years ago, he was able to get a license.  During the summer of 2008, complaints were filed regarding the manner in which Mr. Boudiette kept his dogs; complaints were from potential buyers and from a business (funeral home) directly across from Mr. Boudiette's operation.  Several living near Mr. Boudiette were concerned that he was feeding his dogs only bread and water, as he several times brought an open trailer of bread that was kept outside in the weather and which took several days to unload.  Mr. Boudiette's facility was raided on 3/23/09 by the Office of the State Vet (OSV), the State Police, and the Sussex Sheriff.  Seventy-two dogs and a pot-bellied pig were seized.  On 4/6/09, Mr. Boudiette unsuccessfully appealed the seizure of his animals.  Significant help was provided to the dogs by LFCP (Lab Rescue of Chesapeake Peninsula) in addition to pounds in Sussex, Isle of Wight, and Surry.  Mr. Boudiette was indicted by the Grand Jury on 5/5/09, was arrested on 5/14/09 and was charged on that date with 10 counts of animal cruelty in connection with the seized animals (the 72 dogs and one pot-bellied pig).  On 5/18/09 there was a hearing regarding attorney status with another hearing to follow on 6/10/09, also regarding attorney status.  A trial date for a bench trial was set for 9/16/09.  At trial, Mr. Boudiette was convicted on all ten misdemeanor counts.  He will be sentenced on 11/18/09. action anticipated:  sentencing 11/18/09  Wednesday   10:00 a.m. King George General District Court  9483 Kings Highway; King George, VA  22485 Clerk:  Nancy Lynn Tierney 540-775-3573     fax:                   e-mail:  NTierney@courts.state.va.us                                                     (not confirmed) Prosecutor:  Commonwealth's Attorney Matt Britton 540-775-4442     fax:  540-775-7310 e-mail:  mbritton@co.kinggeorge.state.va.us Defendant:  Iris Marie Hedrick Charge:         show cause - revoke suspended sentence Background: Authorities went to the home of Iris Marie Hedrick on 1/2/09 in response to an anonymous tip.  There they found dozens of animals, dead or severely malnourished.  Ms. Hedrick faced multiple animal cruelty charges because sheep, goats, pigs, ducks, chickens, and dogs were found in poor condition on her property. Many charges were filed, and Ms. Hedrick was sentenced on 10/23/09 after pleading guilty in King George Circuit Court.  (Information about this case has appeared in previous Court Watch alerts.)   However, in 2007 and two years before this case was initiated, Ms. Hedrick was found guilty of animal cruelty and sentenced to 180 days in jail, but that sentence was suspended.  Because of the current case, Ms. Hedrick has been re-arrested and was to in court on 8/5/09 to be sentenced on the suspended 6 month sentence.  However, that 8/5/09 hearing was continued to 11/18/09. action anticipated:  possible revocation of suspended 2007 sentence 11/19/09 Thursday 1:30 p.m. Hanover County General District Court District Courts Building; 7515 Library Drive; Hanover, VA 23069-0176 Clerk:  Ms. Page B. Wright 804-365-6191  fax:  804-365-6290  e-mail:  PWright@courts.state.va.us Prosecutor:  Asst. Commonwealth's Attorney Stephen Royalty 804-537-6185  fax:                           e-mail:  sbroyalty@co.hanover.va.us Defendant:  Donald T. Morris Charges:        one Class 6 felony charge - dog fighting activity - under 3.2-6571        one Class 6 felony charge - torture animal causing death - under 3.2-6570 Background: Donald Morris was arrested on 5/19/09 and charged with promoting dog fighting activity, the first charge listed above. More than a dozen dogs were taken from his home.  He was told by a judge in late May that he must forfeit his dogs and pay $15,000 for their care.  It is reported that Hanover County prosecutors believe Mr. Morris was breeding pit bulls to fight. The second charge (above), torture animal causing death, was filed on 6/4/09, the second arrest of Mr. Morris in relation to this case.    On 8/20/09, the case was continued to 11/19/09 with trial to take place then. action anticipated:  trial 11/20/09  Friday   11:00 am Orange County General District Court 110 N. Madison Road; Orange, VA 22960-1305 Clerk:  Barbara B. Miller 540-672-3150  fax:  540-672-9438   e-mail:  bbmiller@courts.state.va.us Prosecutor:  Rick Moore, Asst. Commonwealth's Attorney 540-672-4848  fax:  540-672-9095   e-mail:  rmoore@orangecountyva.gov Defendant:  Nancy Sorrell Mackall Charges:        20 Class 4 misdemeanor charges - failure to bury/cremate - under 18.2-510      10 Class 1 misdemeanor charges - cruelty to animals generally - under 3.2-6570 Background: Nancy Sorrel Mackall had both a rescue for polo ponies and a breeding operation, but was no longer actively involved.  Hospitalized, Ms. Mackall called a neighbor, asking the neighbor to check on her animals.  The neighbor went to the Mackall farm and found horses and dogs without food or water.  The neighbor left food and water and contacted animal control.  Animal control officers found a grisly scene when they arrived on 8/6/09.  Deputy Sheriff Tim Murphy said there were 20 horses on the farm with 10 of them in fair condition, but the other 10 were in "dire need" of help.  In addition, animal control officers found dogs confined to crates with no care, and a horse trapped in a trailer with no food or water; because of the amount of manure in which the horse was standing, the horse appeared to have been trapped there for a significant time.  In addition, Deputy Sheriff Murphy said 20 dead horses were found in "various states of decomposition".  This resulted in animal control officers seizing 10 horses and three dogs. A seizure hearing was held on 8/12/09, awarding the 10 horses and two of the three dogs to the county.  It also resulted in a prohibition against Ms. Mackall having horses for the next two years, and to have only the one dog for that same two years.  She must also pay transportation, medical and boarding costs for the seized animals, and must also pay someone to care for the animals remaining on her farm.  One horse is at the Orange County Animal Shelter; the rest are in foster homes until adopted. Ms. Mackall was arraigned on 8/21/09.  She was to be tried on 10/16/09, but the trial was continued until 11/20/09.   action anticipated:  trial UPDATE:  Ms. Mackall died 11/3/09 at Capital Hospice in Arlington.  The Orange County's Commonwealth Attorney, Diana Wheeler, said the charges against Ms. Mackall will be dismissed.  She had transferred ownership of 10 of the horses and made restitution to the county for veterinary care for the seized horses. 11/20/09  Friday 11:00 a.m. Powhatan County General District Court 3880-D Buckingham Road; Powhatan, VA 23139 Clerk:  Ms. Gloria M. Blankenship 804-598-5665  fax:  804-598-5648 e-mail:  gblankenship@courts.state.va.us                                                                    (not confirmed) Prosecutor:  Commonwealth's Attorney Robert B. Beasley, Jr. 804-598-5668  fax:  804-598-7939 e-mail:  bbeasley@co.powhatan.va.us                                                                     (not confirmed) Defendants:  Melvin Boone                       Kelvin Thompson Charge:  contempt/failure to appear under 19.2-128 Background: See details above in the 11/13/09 entry for five Powhatan defendants; the entry includes Melvin Boone and Kelvin Thompson. Melvin Boone and Kelvin Thompson were to appear in Powhatan County General District Court on October.  They did not appear in court on those days (10/2/09 for Mr. Thompson and 10/30/09 for Mr. Boone).  Both now face contempt of court charges as a result. action anticipated:  arraignment on failure to appear charge 11/24/09 Tuesday 1 pm Southampton General District Court 22350 Main Street, Courtland, VA  23837 Clerk:  Belinda J. Jones 757-653-2673  fax:  757-653-2656    e-mail:  bjones@courts.state.va.us Prosecutor:  Defendant:  Patricia Louise Cohan Charges:      one class 1 misdemeanor - selling animals after conviction of cruelty/negligence -        under 3.2-6570.1      one class 4 misdemeanor - owner providing inadequate care - under 3.2-6503 Background: Background is not known at this time.  Ms. Cohan (AKA Patricia Cohan-Kinlaw and Patricia Kinlaw) has faced other animal cruelty charges including some charges currently pending. action anticipated:  arraignment 11/30/09   Monday    9:00 a.m. Spotsylvania County Circuit Court 9115 Courthouse Road; Spotsylvania, VA 22553-0096 Clerk:  Hon. Christalyn M. Jett 540-507-7600  fax:                           e-mail:  cjett@courts.state.va.us Prosecutor:  Thomas Shaia, Deputy Commonwealth's Attorney 540-507-7650  fax:  540-582-3291  e-mail:  TShaia@spotsylvania.va.us Defendant:  Robert James Ward Charge:  two Class 6 felony counts - carnal knowledge - animal - under 18.2-361 Background: Robert James Ward of Spotsylvania County was arrested 5/18/09 on charges of bestiality after admitting to his family he had been "fooling around" with his German shepherd.  Mr. Ward has been registered with the Virginia State Police sex offender registry since 2005.  Mr. Ward was arraigned 5/19/09 in Spotsylvania County General District Court. 1st Sgt. Liz Scott of the Spotsylvania County Sheriff's Office said an exam by a veterinarian revealed the female dog's anal glands were swollen.  A PERK kit, usually used to test for forcible sex crimes on humans, was completed on the dog. In the Spotsylvania County General District Court on 7/7/09, the bestiality charge was certified after a judge heard evidence.  The Grand Jury indicted Mr. Ward on 7/20/09, and the case moved to the Spotsylvania County Circuit Court.  When Mr. Ward was arraigned on 8/6/09, a trial was set for 10/1/09.  On 10/1/09 in Circuit Court, Mr. Ward pleaded not guilty to both charges.  However, one charge against Mr. Ward was dismissed because a defendant cannot be convicted of the same offense twice, and so the prosecutor, Tom Shaia, kept only the ongoing charges (i.e., 12/1/08 through 5/18/09 dates).  Mr. Ward was tried on that charge, found guilty, and scheduled to be sentenced on 11/30/09. action anticipated:  sentencing

Virginians for Animal Welfare