 Neglect of over 70 farm animals
Remington, VA (US)Incident Date: Friday, Jan 12, 2007
County: Fauquier
Local Map: available
Disposition: Convicted
Abusers/Suspects:
» Seth Maher
» Kimberly Maher
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According to court records, Hilleary Bogley, a humane investigator for Fauquier County, filed numerous animal-cruelty charges against the Bealeton couple after seizing more than 70 animals belonging to them earlier in 2007.
During a hearing in Fauquier County General District Court March 15, the Bealeton residents each pleaded guilty to two counts of the misdemeanor offense.
The couple's attorney, Lorenzo L. Bean III, said Judge Charles B. Foley suspended the imposition of any sentence for one year, however. Bean also said Foley's decision is based on certain conditions. Specifically, the couple must participate in a restorative justice program coordinated by the Piedmont Dispute Resolution Center in Warrenton.
The PDRC's restorative justice program gives offenders and victims a chance to meet together with a mediator. Through the discussions, perpetrators learn about the impact their actions have on the immediate victims and on the community in general. The aggrieved parties help determine what the offenders can do to make amends for the offense.
In accordance with Foley's ruling, Bean said the Mahers must also complete 200 hours of community service. They will fulfill that requirement by working at the Middleburg Humane Foundation and other animal shelters in the county, Bean said.
The couple's children, who were allegedly caring for the animals that were confiscated, will also participate in both the restorative justice program and the community service, Bean said.
"(Because) they are juveniles, the judge could not order them to participate. But I am sure they will," Bean said this week. "The kids will benefit from working firsthand with people who care for animals," he said.
Initially, Bogley said, she was not happy about having to help the family fulfill its community service requirement. In the last few days, however, she said she has changed her mind.
"I have been ordered to be a part of this - to meet with the family and the mediator, and to be part of their community service. At first I was angry about it. But I think the ultimate goal is education and these kids are the next generation," Bogley said.
Staff from the PDRC and the Department of Adult Court Services will ensure that the Mahers comply with all of the requirements. If they fail to do so, Foley can impose a sentence, including jail time or fines, next year.
Court records show that Bogley seized the Maher's animals Jan. 12 and 13. A search warrant affidavit filed in Fauquier County Circuit Court also indicates that Bogley requested and obtained a search warrant on Jan. 13
In the affidavit, Bogley asked for permission to search property - specifically a barn and fowl enclosure - located in the 11500 block of James Madison Highway in Remington. She said she was looking for "goats, hog and misc. (sic) fowl, ducks and chickens."
She also said that she requested the warrant after examining "animals in poor body conditions with no evidence of food and water."
During a hearing in January, Foley upheld Bogley's decision to confiscate the Maher's animals.
In an order dated Jan. 22, he said that Kimberly and Seth Maher are "persons with a right of property in the animals or are custodians of the animals seized," and that pursuant to certain aspects of the law "the seized animals have been deprived of adequate care...."
The order stipulated that the farm animals, burro and dog "shall be delivered to the local humane society or shelter and disposed of as the shelter deems appropriate."
Some of the animals confiscated in January are still available for adoption, Bogley said.
The Mahers have not been prohibited from owning other animals. Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
Back to Top References« VA State Animal Cruelty Map
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