Attorneys/Judges
| Prosecutor(s): | Pamela Games-Neely | | Defense(s): | Thomas Stanley | | Judge(s): | Christopher Wilkes |
Two dogs shot, one dies
Falling Waters, WV (US)Incident Date: Saturday, Dec 8, 2007
County: Berkeley
Charges: Misdemeanor, Felony CTA
Disposition: Alleged
Alleged: Bruce Aaron Poole
Upcoming Court Dates:
» Tuesday, Jan 18, 2011: Sentencing is the case has been scheduled for Jan. 18 before West Virginia 23rd Judicial Circuit Court Judge Christopher Wilkes.
Case Updates: 2 update(s) available
A Falling Waters, W.Va., man was arraigned in Berkeley County Magistrate Court for allegedly shooting at two dogs in December 2007, killing one of the animals, according to court records.
Bruce Aaron Poole, of 45 Wisconsin Drive, was charged with one felony count of animal cruelty, a misdemeanor count of animal cruelty, two counts of discharging a firearm within 500 feet of a residence and destruction of property on Dec. 8, 2007, according to court records.
Magistrate JoAnn Overington set an $8,100 bond for Poole.
According to a complaint filed with the court by Berkeley County Sheriff's Deputy C.N. Farmer, the defendant said the dogs attacked him and his own dog before he fired his shotgun at the dogs owned by a neighbor.
One of the dogs, a black Akita/shepherd mix, was found dead and the other, a black Lab/shepherd mix, had wounds to his hind quarters, but was recovering from the incident, according to Farmer's complaint.
Farmer said he could not find any injuries on the defendant's leg that indicated the dog bit him as he had claimed.
Case UpdatesA Berkeley County man indicted in February on hate crime charges for allegedly harassing his black neighbors accepted a plea agreement Thursday that saw him plead guilty to one count of committing a civil rights violation and two misdemeanor counts of animal cruelty.
Bruce Aaron Poole, 50, of Falling Waters, originally was indicted on six counts of committing a civil rights violation and three counts of conspiracy.
He pleaded guilty Thursday under Alford circumstances to the two misdemeanor counts of animal cruelty by way of an information filed by the Berkeley County prosecuting attorney's office. The two counts of animal cruelty Poole pleaded guilty to accused him of shooting two of the victims' dogs in December 2007 and leaving one of the animals to die. The civil rights violation he pleaded guilty to accused him of threatening one of the victims in the case, Brian Smith, with a shovel and firearm, as well as using racial slurs.
In accordance with the plea agreement, the remaining counts of Poole's indictment will be dismissed.
Berkeley County Prosecuting Attorney Pamela Games-Neely said Thursday that the state felt the agreement offered the best disposition in the case after reviewing the court's previous rulings and examining the available evidence.
"We felt that this was the best resolution," Games-Neely said.
Sentencing is the case has been scheduled for Jan. 18 before West Virginia 23rd Judicial Circuit Court Judge Christopher Wilkes.
A co-defendant in the case, 39-year-old Kendra N. Sulick, also of Falling Waters, was found guilty in June on three counts of committing a civil rights violation and not guilty of six others after a three-day jury trial in Berkeley County Circuit Court.
Wilkes upheld that conviction in August, but postponed the woman's sentencing until the completion of a mental health evaluation after a pre-sentence investigation revealed details about a possible untreated mental illness. Games-Neely said Thursday that Sulick just recently returned from the evaluation, but the court is awaiting a final report and no new sentencing date had been scheduled.
As part of the plea agreement reached Thursday in Poole's case, the court will be unfettered in sentencing. The agreement was signed by Poole and his attorney, public defender Thomas Stanley.
The state's recommendation will be that Poole be sentenced to six months in jail on each count of animal cruelty and seven years in prison for the civil rights violation conviction, sentences that would run concurrently. The state also would recommend that all the sentences be suspended for five years of probation.
Poole also would be permanently forbidden from contacting the victims or their family members either directly, indirectly or by any third party, including Poole's family members and friends. At all times, Poole would be required to remain at least 25 feet away from the victims.
The victims in the case are expected to make their own statement to the court with their recommendations for sentencing during victim impact statements, which will be presented to the court at Poole's sentencing hearing. They were aware of the state's recommendations.
In addition, Poole will be ordered to pay full restitution to the victims in the case for the loss of their dog and the injury to the other. The restitution amount is believed to be $100.
Sulick and Poole were accused of continually harassing Smith, his significant other, Betty Ann Obiri, and their children after the victims' family moved to the neighborhood in 2007.
Poole remains free on bail while awaiting sentencing. Sulick remains incarcerated at Eastern Regional Jail while awaiting sentencing. She has remained in state custody since her conviction in June.
Under state statute, she could be sentenced to a maximum of up to 10 years in prison or fined up to $5,000 on each civil rights violation conviction. The statute also allows for a combination of jail time and a fine. | Source: journal-news.net - Nov 5, 2010
Update posted on Nov 5, 2010 - 7:23PM |
At Friday's pre-trial hearing for a man and a woman who were indicted on civil rights violations and animal cruelty charges, Circuit Court Judge Christopher Wilkes granted a motion for a continuance.
The trial for Bruce Aaron Poole and his co-defendant, Kendra Sulick, was set for Tuesday.
In February, 49-year-old Poole, of Wisconsin Drive, was indicted on one count of a civil rights violation, two counts of felony animal cruelty, one count of shooting or discharging a firearm within 500 feet of a dwelling, one count of assault and one count of providing false information to a law enforcement officer.
37-year-old Sulick, of Falling Waters, also was indicted at that time on a civil rights violation.
She was living with Poole at the time when between December 2007 and October of last year, they allegedly threatened and harassed their black neighbors repeatedly, using racial slurs in an attempt to get the victims to move.
Allegedly, in December 2007, Poole shot his neighbors' two dogs with a shotgun, killing one of them. In an April 2009 incident, Sulick allegedly called the victim and his 6-year-old son a racial slur and used an obscene gesture.
Their trial, originally scheduled to begin in late July, was postponed during a pre-trial hearing on July 13, because of a scheduling conflict.
At the July 13 hearing, Poole's attorney, Thomas Stanley, and Sulick's attorney, Chris Prezioso, informally agreed to continue the trial.
Poole and Sulick initially told their attorneys they didn't want it rescheduled, but ultimately agreed to the continuance and also to waive their rights to a speedy trial.
Berkeley County Prosecuting Attorney Pamela Games-Neely said Monday the defense attorneys requested getting a motion to continue next week's pretrial and trial.
"The status conference has been rescheduled for the afternoon of Sept. 18," said Games-Neely. | Source: journal-news.net - Aug 22, 2009
Update posted on Nov 5, 2010 - 7:20PM |
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