A veterinary report issued on Aug 19, 2006 left little doubt that at least two of the dogs rescued from kennels on the former property of Roberta Bugenig were suffering from starvation.
"On physical exam I found both dogs to be emaciated and too weak to walk on their own," stated the report, written by Dr. Sarah Schroer from Ferndale Veterinary Inc.
One dog had open sores on its flanks, and �both were fearful of humans and avoided physical contact and eye contact,� the report stated.
�The condition of these dogs was consistent with a prolonged period of starvation and neglect.�
All 13 of the surviving dogs were examined at Ferndale Veterinary Aug. 11, the day that they were rescued. The two dogs Schroer referred to in her report required additional treatment.The report is likely to be a key piece of evidence should charges anticipated against John and Stacy Malcolm be filed.
The Malcolms� attorney, Timothy Noal Gray, a former Humboldt County public defender, said as much last week when he suggested dehydration rather than starvation as the possible cause of the dogs� condition.
Dehydration would shorten considerably the time frame of the neglect and would help Gray make the case that the Malcolms were not responsible for the abuse � because a shadowy itinerant fence-builder, so far identified only as �Roger,� had taken over the care and feeding of the dogs.
Roger moved onto the former Bugenig property in June, according to Gray, and gradually assumed responsibility for the animals. After that time, Gray said, the Malcolms had little to no contact with the animals.
�You can be starved for a long period of time, but you can�t be without water,� Gray said.
�I don�t know,� he said. �I�m not a veterinarian. I�m just asking the question. And I�m wondering if when the hot weather came, it brought it on a lot quicker.�
But Schroer, who is a veterinarian, didn�t think a dehydration defense would hold water.
�I�m pretty confident in saying that anyone would agree those dogs hadn�t had enough to eat, and that was the problem.�
Dehydration can make a dog depressed, sluggish and slow, she said, and can result in modest weight loss.
�But it doesn�t turn a dog into a rack of bones, which is what I saw when I treated the two dogs here.�
She added, �I�ve been at Ferndale Veterinary for three years, and I would say that these are the worst dogs I�ve seen.
�We see a lot of dogs for Miranda�s (Animal) Rescue, but I certainly don�t think I�ve seen dogs quite that thin, even coming into the rescue.�
One of the 13 Mad River dogs had to be euthanized, and last week one of the two dogs Schroer had treated took a turn for the worse.
�He just went insane,� Miranda said Thursday. �He was ramming his head into the side of the stall, and I couldn�t get him to stop.�
The dog was sedated, but Miranda said that seemed to make the condition worse.
On Saturday the dog was euthanized. �I just couldn�t stand it anymore, and neither could he,� Miranda said.
�I was bawling like a frigging idiot, but I told him. I promised him. I said someone is going to pay for what they did to you.�
Timeline of dog abuse scandal
2004: Roberta Bugenig moves to property near Mad River. Civil litigation begins almost immediately stemming from Bugenig�s misappropriation of funds from the Wilson Family Trust, of which she was at one time the trustee. Bugenig was accused of having purchased the property with funds from the trust and was found civilly liable of fiduciary elder abuse. Title to the property is restored to Humboldt Public Guardian Ramon Herrera as new trustee.
January 2005: Eviction proceedings against Bugenig begin.
March 2005: Eureka attorney Allison Jackson phones Trinity County Animal Control to report that animals may be abandoned as a result of the eviction, and the county would need to be prepared to immediately deal with the problem. On March 15, marshals and deputies from Trinity County attempt to forcibly remove Bugenig, and a two-day armed confrontation ensues. Bugenig flees into the woods behind the property and is subsequently apprehended. She is charged with brandishing a firearm at a peace officer but gets out of jail on bond. Around this time, Bugenig transfers ownership of her animals to John and Stacy Malcolm for $20.
April to November 2005: Bugenig is on and off the property while she awaits trial. The Malcolms assist Bugenig with the animals. Eureka law firm Morrison, Morrison & Cooper continues efforts to remove Bugenig and her animals from the property so that it can be sold and the trust repaid. According to Jackson, she continues to phone animal control about the care and condition of the animals.
November 2005: Bugenig remains out on bond, and the Malcolms continue to assist with the animals. A series of letters change hands reporting, from the Morrison firm, that the animals are being improperly cared for and, from Trinity County counsel, that the reports are unfounded. A deputy is sent to check on the animals and says that they seem to be fine. This is the last recorded inspection of the animals.
March 2006: Bugenig is remanded and begins serving a 16-month prison term.
April 2006: A Mad River resident finds a dog dump site off the side of Highway 36 that reportedly contains 40 to 50 dead dogs. The discovery is not reported to law enforcement officials.
July 2006: Daniel Cooper, attorney for Herrera, tells Shannon Miranda that the animals are not fine and that he should contact the Malcolms about removing them. John Malcolm is given Miranda�s phone number, and on July 20, Stacy Malcolm calls. Miranda said she told him 25 dogs would be delivered to him on the 25th, but on the 24th she calls back and cancels. According to Miranda, Stacy reported the dogs to be in good condition. A second appointment is made and missed, and then a third. The last week of July, U.S. Forest Service law enforcement agent Steve Frick finds a dog dump off of South Fork Mountain Road near Mad River containing the remains of seven dogs. The dogs had been placed in a blue barrel.
August 2006: Frick traces the blue barrel back to the Bugenig kennels. He goes onto the property Aug. 10 and finds dogs dead and dying. He calls Miranda and assists with the rescue of 13 surviving dogs on Aug. 11. One dog is euthanized the following day. On Aug. 14, a resident of the Mad River area tells The Eureka Reporter the location of the dog dump first seen in April. Shannon Miranda and The Eureka Reporter find the dump still containing the remains of 10 to 15 dogs. The skulls of most of the animals contain small-caliber bullet holes. Animal Control Officer Christine Edwards is led back to the site, and evidence is recovered that links the dogs to the Bugenig kennels. On Aug. 18, a second dog is euthanized due to severe psychological problems. The dog had been recovered from a kennel containing the remains of five dead dogs. Case UpdatesA flurry of pre-trial motions were filed Monday by Timothy Noal Gray, the defense attorney representing Trinity County animal abuse suspects John and Stacy Malcolm � the most sweeping of which requests that the court drop 31 of the 42 felony charges pending against the Malcolms.
In all, three motions were filed: one seeking to set aside charges stemming from conduct alleged to have occurred prior to May 2006; another to sever the Malcolms� trial from that of alleged co-conspirator Roger Zampatti; and the last to delay the start of the trial until Gray can arrange for expert testimony.
In the first, Gray argued that no evidence had been presented at the Malcolms� Oct. 11 preliminary hearing to substantiate charges against them that any abuse or neglect had occurred prior to June or July of 2006.
Gray said the first evidence that a crime had even occurred came July 28, when Steve Frick, a U.S. Forest Service law enforcement agent, received information that barrels containing dead dogs had been found on South Fork Mountain near Mad River.
�The information just states the same allegation 41 times, listing the same general dates of March 15, 2005, to August 10, 2006,� The motion stated. �Testimony was only given that included that dates of June 20, 2006, to August 24, 2006. The only evidence produced at the preliminary hearing that mentions a date of March 2005 was that Stacy Malcolm, a defendant, received from Ms. Bugenig a receipt, dated March 2005, for the dogs and kennels.�
Gray stated, �This is not proof or evidence that there was animal cruelty that started that day.�
For those and other reasons, Gray stated, he asked the court to dismiss any counts alleged to have occurred prior to May 2006, �or that 31 of the 41 counts be stricken from the information.�
Trinity County Deputy District Attorney Eric Heryford said he wasn�t particularly concerned about Gray�s filings.
�These are standard defense motions filed before every trial,� Heryford said. �My position is that it was a preliminary hearing. There was a fairly low threshold of what people have to present, and it wouldn�t make sense for us to show our whole hand.�
In the third motion, Gray asked the court to delay the start of the trial until the end of March. He said he had been trying to enlist a veterinarian to testify, but because of the pre-trial publicity surrounding the case he had not had any luck.
�Now no vets want to get involved in this,� Gray said. �I don�t want a vet to exonerate anybody, but I want one to objectively look at the facts.�
Pre-trial motions are expected to begin Jan. 2 in the Trinity County Courthouse, but Heryford conceded that the trial might not get under way until at least April. | Source: Eureka Reporter - Dec 13, 2006
Update posted on Dec 14, 2006 - 1:54AM |
| John Malcolm, Stacy Malcolm, and Roger Zampatti are scheduled to appear in Trinity County Superior Court (Docket #06F125) for a Pre-trial Conference on January 2, 2007 at 9:00 a.m. Trial has been set for January 16, 2007 at 8:30 a.m. | Source: Trinity County Superior Court
Update posted on Nov 29, 2006 - 5:54PM |
After serving eight months of a 16-month sentence in a Chowchilla women�s prison, Roberta Bugenig was released Sunday to supervised parole in Shasta County.
According to her parole officer, Agent Miguel Avitia of the California Department of Corrections and Rehabilitation in Redding, the conditions of her parole will severely restrict her movements and activities during the three years of her supervision.
During that time, Bugenig will not be allowed to travel outside of Shasta County without his notification and permission, he said, and like all convicted felons in California, she cannot legally own or possess any firearms.
�She is at the highest level of controlled supervision,� he said, adding that he will meet with her face-to-face at least twice a month, and will conduct visits to her residence at least once a month.
Avitia said the restrictions were intended to serve two purposes, one of which was to keep Bugenig away from people in Trinity and Humboldt counties who perceive a threat from her.
�Our job is to help parolees reintegrate into society, but most important it�s to protect the public. Period. That comes first.�
Bugenig was convicted of four felonies after brandishing a firearm at four Trinity County peace officers in 2005, and was initially sentenced to four consecutive 16-month terms. While the convictions held up under legal review, it was later determined that by law she could be sentenced to only one 16-month period, because all four offenses stemmed from a single act.
With time deducted for good behavior while incarcerated, that sentence was reduced to eight months total, which ended Oct. 29.
Included in the terms of her release is one unusual restriction. For the next three years, Avitia said, Bugenig will not be allowed to own any animals.
While few people in Humboldt County were aware of Bugenig�s Trinity County standoff with law enforcement officials, she made headlines locally more than 16 months later because of her original ownership of the dogs involved in the Mad River animal abuse case.
John Malcolm, Stacy Malcolm and Roger Zampatti were arraigned in Trinity County Superior Court last week on 41 felony counts of animal cruelty and one additional felony charge each in connection with two well-tended marijuana plants allegedly found on Bugenig�s former Mad River property amid dozens of dead and dying dogs.
Bugenig has not been charged in the dog abuse case, and Trinity County Deputy District Attorney Eric Heryford, who is prosecuting the Malcolms and Zampatti, said he does not anticipate filing charges against her.
�The potential is there for her to be prosecuted as well, but I don�t have any way of tying her to the dead animals,� he said.
The problem, according to Heryford, is the time line of the alleged abuse.
He said he believed he could establish that the condition of the dogs as documented in August, when they were found, represented a departure from the ordinary standard of due care, which is necessary to win a conviction under California Penal Code section 597 (b). But he did not know that he could demonstrate what their condition was prior to March 15, 2005, the day Bugenig was forcibly evicted from the Mad River property and signed over ownership of the dogs to Stacy.
Humboldt County District Attorney Paul Gallegos announced last week that he would not file a felony charge against Bugenig, originally rejected by his office in 2004, stemming from her alleged failure to care for a horse while she lived in Humboldt County, on Chalk Mountain Ranch near Bridgeville.
Shannon Miranda, owner and operator of Miranda�s Animal Rescue in Fortuna and one of several volunteers who rescued 13 surviving dogs Aug. 11, said he was pleased Bugenig would not be allowed to own animals as a condition of her parole but wondered what would happen after that.
�So for three years animals don�t have to worry about her, but after that she can do whatever she wants?� he asked. �None of this would have happened if it hadn�t been for her. She started the whole thing. She abused these poor dogs for years in Humboldt County, and then she abused them again in Trinity County. And now she�s walking free because no one filed any charges against her.�
Heryford said he did not know what impact Bugenig�s release might have on his case against the Malcolms and Zampatti.
�Probably my initial reaction is that she doesn�t really change anything. It�s just going to play itself out now.�
Pre-trial motions in the case are scheduled to begin in January in the Trinity County Courthouse in Weaverville. | Source: The Eureka Reporter - Nov 1, 20066
Update posted on Nov 1, 2006 - 2:29PM |
Despite a letter-writing campaign initiated by a national animal welfare organization, Humboldt County District Attorney Paul Gallegos said Wednesday he will not file charges against Roberta Bugenig for her alleged mistreatment of a horse in 2004.
Gallegos stated by e-mail, �The decision to not charge Ms. Bugenig in 2004 was made based on the evidence that was contained in the report and the requirements of proof imposed upon us by law. Since the evidence contained in the reports has not and cannot change, neither can our decision.
�My office remains committed to prosecuting people that have violated the law when there is sufficient evidence that they have done so and to not prosecuting them when there isn�t,� he continued. �Those are the requirements and limitations imposed upon me by the United States Constitution, California law and, I believe, common decency.�
Shannon Miranda, owner and operator of Miranda�s Animal Rescue in Fortuna, and one of several volunteers who rescued 13 surviving dogs Aug. 11, was quick to respond.
��Common decency?�� Miranda said. �Common decency for these animals would dictate that he file charges. I am in shock. Just because you screw up once, common decency says you screw up again?�
Miranda called on Gallegos in August to review the case after Bugenig made headlines in connection with the at least 41 dogs previously belonging to her that were found dead or dying in Mad River.
Ownership of the horse at the center of the case, an older blind horse named Lucky, was transferred to Stacy Malcolm on June 15, 2005, the day Bugenig was forcibly evicted from the Mad River property by Trinity County law enforcement officials.
Stacy and her husband, John Malcolm, along with alleged accomplice Roger Zampatti, have been charged in Trinity County with 41 felony counts each of animal abuse.
Charges against Bugenig � 123 in all � were requested by the Humboldt County Sheriff�s Office in 2004, when Bugenig lived near Bridgeville in Humboldt County, stemming from the standard of care provided to at least 61 dogs and the horse.
All of the charges but one were misdemeanor violations alleging that Bugenig failed to vaccinate and license the dogs. The final charge, a felony, was requested by deputies for Bugenig�s alleged failure to care for the horse.
Gallegos explained at the time that the felony charge was not filed because evidence gathered in the case did not demonstrate �an aspect of intent to the neglect,� which, he said, was necessary for the case to proceed.
�We can do nothing unless we have sufficient evidence of an offense,� he said. �That�s it in a nutshell.�
Sheriff�s Office Public Information Officer Brenda Godsey said in August that she could not speak to the evidentiary value of information provided to the DA�s Office, but could officially confirm that videotape and photographic evidence was included in the file.
The Animal Legal Defense Fund, a national animal welfare organization specializing in animal protection law enforcement, publicly challenged Gallegos� legal reasoning in August, days after a story containing his remarks was published in The Eureka Reporter.
�An animal neglect charge does not require intentional conduct,� said ALDF Director of Education Eileen Stark. �It should be fairly easy to prove as it requires minimal criminal culpability.�
That argument has been reiterated by the ALDF, this time in the form of an article posted on its Web site and in an e-mail sent to its national membership.
Titled �Urge DA to Take Animal Neglect Seriously,� the ALDF article summarized the Bugenig case and stated, �Under California Penal Code 597(b), under which the felony charge was requested, the statute requires a low burden of proof. In fact, all that would be needed to convince a jury would be that the conditions of the horse did not fall under �the ordinary standard of due care.� It does not require intent.�
In response to the article and e-mail alert, numerous letters were sent to Gallegos and to this newspaper. Gallegos responded to many of the letters, and some of the writers forwarded both their letters and his responses to The Eureka Reporter.
Stark said alerts such as this one are used �to inform, but also to generate communication.� The ALDF, she said, �follows cases all over the country and became interested in this case after learning that there apparently had been some missed opportunities in Humboldt County.�
While Stark did not know how many responses had been generated, she said, �We have received an above-average amount of feedback on this particular issue.�
One letter was received from Norma Campbell, a resident of Campbell, Calif., who wrote to Gallegos, �I am really appalled that this case has been dragging on since 2004 without felony charges being filed against this woman. It matters not that she is 65 years of age. I am 68, and if I did the horrific things she has done to animals I would be prosecuted. � You should be admonished for not pursuing this matter to conclusion.�
Gallegos replied, �An investigation into Mrs. Bugenig and her animals was forwarded to this office for review. We did not file a criminal case because we did not believe there was sufficient evidence to obtain a verdict against her with the exception of charges for not registering her dogs. We did not file criminal charges against her for not registering her dogs in the interest of justice, because neither she nor her dogs lived in Humboldt County at that time. Mrs. Bugenig�s age did not factor into our decision making.
�I am an animal owner and lover,� Gallegos continued. �I have been my entire life. I have little patience for people who abuse and/or neglect their animals. However, my personal feelings and my legal obligations often are not one and the same. I hope this answers your questions.�
Another letter writer, Jodi O�Shea-Walker from Norman, Okla., told The Eureka Reporter that she too had received a personal response from Gallegos, but that it did �not particularly� address her concerns.
�As a matter of fact,� she wrote, �I found his reply somewhat unclear. For instance, �We make decisions to file cases on evidence and the law, not on politics and certainly not out of convenience.� It was my understanding that both photos and a videotape had been submitted as evidence. Further, I assure you that I mentioned nothing about �politics� and haven�t a clue as to his reference of �not out of convenience.� A bit testy and confusing, wouldn�t you say?�
Gallegos was specifically asked by this newspaper if the video and photo evidence had been examined when the charge was originally rejected for lack of evidence in 2004. He did not directly answer the question and in his response referred only to written reports submitted by the Sheriff�s Office.
In one of those reports, deputies described the condition of the horse as it deteriorated between March and June 2004.
�While we were videotaping the kennel area, we noticed the horse had lost weight, about 100 pounds. The horse was standing in the same area as it had been on other visits to the property, under a lean-to. Now that the ground has dried out, we were able to get a good look at the horse�s feet.
�The front feet are now curled up and have big chips in them,� the report continued. �The horse appears to be standing back on its heels and even almost appears to be starting to sit down. We attempted to get the horse to walk, but it did not appear to want to. We eventually videotaped it as we got it to turn and then turn back, walking only a few steps.
�While watching the horse walk, we observed the foot rotate extremely to the side.� The two officers present said they had �never seen a horse turn its foot to that position. Both of us are experienced horse people.�
Bugenig is currently in prison for brandishing a firearm at police officers during the eviction. Lucky the horse died at Bugenig�s former Mad River property. The cause of death is not known.
While Gallegos agreed in August that the ultimate fate of Bugenig�s animals was �tragic,� he said that was not a legal factor. �If we had the benefit of knowing what the future was going to do and could actually move that into evidence at the trial, we�d be much better at making the community safer. But we don�t.� | Source: The Eureka Reporter - Oct 21, 20066
Update posted on Oct 21, 2006 - 4:50AM |
A judge on Wednesday found there was enough evidence for three people to face trial on 42 felony counts -- all but one for animal cruelty -- after a three-hour preliminary hearing.
Trinity County Deputy District Attorney Eric Heryford said John and Stacy Malcolm and Roger Zampatti are free on their own recognizance. At one point the Malcolms took over the animals involved in the case when their owner was taken into custody on unrelated charges.
The Malcolms' attorney repeatedly has said the animals were fine while they were under the couple's care.
Heryford said the three defendants are scheduled to be arraigned on Oct. 24. The single witness during the preliminary hearing was Steve Frick, the Forest Service law enforcement officer who responded to a report of barrels containing dead dogs.
The defense did not present any witnesses, Heryford said.
In August, 13 dogs that appeared to be starving were removed by Shannon Miranda of Miranda's Rescue from the Mad River property where Zampatti was said to be living.
The Malcolms and Zampatti are named in the same complaint, which includes 41 counts of felony animal abuse. Each charge carries a maximum sentence of three years upon conviction, and one charge of felony marijuana cultivation for plants found at the Mad River house during the investigation. | Source: Times-Standard - Oct 12, 2006
Update posted on Oct 15, 2006 - 3:28PM |
The Trinity County District Attorney�s Office announced Thursday that John Malcolm, Stacy Malcolm and Roger Zampatti have each been charged with 26 new felony counts of animal cruelty in connection with the Mad River dog abuse case.
With the new charges, filed Thursday, the three suspects will now face a total of 129 felony charges � 43 apiece � stemming from the Aug. 10 discovery of dozens of dogs, many dead and some barely alive, on and around the former Mad River property of Roberta Bugenig.
Deputy District Attorney Eric Heryford, who filed the charges, said, �I think that�s probably a realistic number.�
That point was seconded by Shannon Miranda, owner and operator of Miranda�s Animal Rescue in Fortuna, and one of six people who rescued 13 surviving dogs Aug. 11.
�It�s awesome,� Miranda said. �Now someone is going to be held accountable for all of those little lives that were lost, and for the dogs that somehow managed to survive.�
Miranda added that he didn�t believe all of the dogs had yet been found, but said the new charges reflected �a serious attempt� to file as many charges as could be proven in court.
Heryford had originally filed only 16 cruelty charges against the suspects, one for each of the six dogs initially found at a remote dump site in the Six Rivers National Forest, and another 10 for dogs found at a second dump site off the side of Highway 36 just east of Mad River.
The new charges relate directly to dogs and remains of dogs discovered Aug. 10 when evidence from one dump site led a U.S. Forest Service law enforcement agent back to the former Bugenig residence.
Bugenig, who has not been charged in the case, is serving a 16-month prison sentence for brandishing a firearm at peace officers during a standoff with Trinity County officials in March 2005.
In an Aug. 17 interview with The Eureka Reporter, the Malcolms� defense attorney, Timothy Noal Gray, said ownership of the animals was transferred to the Malcolms so that they could �act as owners� of the animals during Bugenig�s absence.
According to Gray, Zampatti subsequently moved onto the property and assumed responsibility for the care of the animals.
On Thursday, Gray said his clients were preparing to turn themselves in to authorities.
�I�m going to be with my clients tomorrow, and they�re going to surrender on the warrants tomorrow morning in Trinity County.�
The Malcolms, who have three children, operate the Mad River Store under a lease arrangement with the owner. Zampatti is believed to operate a wrecking yard in Ruth.
One felony count each included in the original complaint stemmed from a small marijuana growing operation Heryford said was found at the former Bugenig residence when search warrants were executed over the weekend.
David Laffranchini, undersheriff of the Trinity County Sheriff�s Office, said Thursday, �We got the warrants in our office yesterday afternoon, and they�ll be assigned to a deputy today.� He added that the suspects had been entered into the national criminal database in case any of the three attempted to flee the jurisdiction.
If the suspects don�t turn themselves in, Laffranchini said, �We�ll just try to catch them as we can.�
Heryford said that the suspects would be arraigned within 48 hours of their apprehension or surrender. | Source: The Eureka Reporter - Sept 1, 2006
Update posted on Sep 1, 2006 - 8:56AM |
The couple accused of 16 felony counts each in an animal abuse case will surrender to Trinity County authorities today, their attorney said.
Earlier this week, the District Attorney's Office requested arrest warrants be issued for John and Stacy Malcolm -- the couple who took over the animals when their owner was taken into custody on unrelated charges.
�We're going to surrender,� said attorney Timothy Gray.
Roger Zampatti, who the Malcolms' attorney said began taking care of the animals around June, was also charged. Last month, Shannon Miranda of Miranda's Rescue removed 13 dogs that appeared to be starving from the Mad River property where Zampatti was said to be living.
Trinity County Deputy District Attorney Eric Heryford, who is handling the case, was unavailable for comment Thursday.
He said Tuesday the three suspects face 16 counts of felony animal abuse, which carry a maximum sentence of three years per charge if convicted, and one charge of felony marijuana cultivation for plants found at the Mad River house during the investigation.
No attorney was known for Zampatti. | Source: Times-Standard - Sept 1, 2006
Update posted on Sep 1, 2006 - 8:18AM |
One of many questions related to the Mad River dog abuse scandal resurfaced again late last week when comments made by Humboldt County District Attorney Paul Gallegos were challenged by the Animal Legal Defense Fund, a national nonprofit organization that works to ensure the enforcement of state and federal animal protection laws.
On Wednesday, Gallegos said in a phone interview that he stood by decisions made by his office not to file 123 charges against Roberta Bugenig that had been requested in 2004 by deputies and animal control officers from the Humboldt County Sheriff�s Office, who found at least 62 dogs and a horse living in questionable conditions at Bugenig�s Bridgeville residence.
Dozens of Bugenig�s former animals, which included horses, sheep, goats and an unknown number of dogs, died or were killed after Bugenig left Bridgeville and moved less than five miles across the Trinity County line near Mad River.
Subsequent to the move, according to the Malcolms� defense attorney, Bugenig transferred ownership of the animals to John and Stacy Malcolm, who were charged Monday in Trinity County, along with a third subject, Roger Zampatti, with 16 felony counts each of alleged animal cruelty.
While it is impossible to know whether the filing of the 2004 charges against Bugenig in Humboldt County would have prevented the Mad River tragedy, Gallegos said charges could not have been filed because evidence in the case did not demonstrate �an aspect of intent to the neglect,� which, he said, would have been necessary for the case to proceed.
But not so, said representatives of the ALDF.
ALDF Director of Education Eileen Stark stated in an e-mail Friday that the organization could not comment on the specific merits of the 2004 case against Bugenig because it did not have access to evidence that was submitted.
�However,� she wrote, �regarding Mr. Gallegos� comment that they couldn�t demonstrate intent in the 2004 charges, ALDF attorneys advise me that, under California law, assuming adequate evidence, an animal neglect charge does not require intentional conduct. It should be fairly easy to prove as it requires minimal criminal culpability.�
The Eureka Reporter spoke with one of those attorneys, Stephan Otto, who said that the statute under which the felony charge was requested, Penal Code 597(b), requires �a low burden of proof.�
According to Otto, �What the courts have said, and they�ve been quite clear on this issue, is that (the statute) requires proof of criminal negligence, which is the lowest level of criminal culpability under the law. It�s one step up from strict liability, in which you have to show no criminal intent at all.�
To win a conviction under PC 597(b), Otto said, the DA�s Office would have needed to convince a jury only that the conditions of the horse represented a departure from �the ordinary standard of due care,� regardless of whether that departure was intentional.
On Monday, when presented with the ALDF statements, Gallegos stood his ground.
�I know exactly what the law is, and I know what the difficulty is with those cases,� he said. �If we thought there was sufficient evidence to move forward and thought that there was a likelihood of success, we would have filed the case.�
According to Gallegos, conviction depends on the circumstances of the case and the quality of the evidence presented.
Charges requested by deputies included 61 misdemeanor violations for alleged failure to provide proof of legal rabies vaccinations, 61 misdemeanor violations for alleged failure to license the dogs, and one felony count alleging failure to care for a horse, whose poor health and substandard living conditions were graphically documented in a series of investigative reports, photographs and a videotape.
In the reports, one deputy described the horse as thin, blind and suffering from severe foot problems.
�The front feet were grown out and curved up. The (heels) of all the feet appeared to be rotted or worn off and appeared to cause pain. The horse at times appeared to be putting weight on its leg, not the hoof. The mound the horse was standing on was a buildup of manure � soaked with urine.�
The dogs, according to the reports, were living in kennels filled with mud, with 55-gallon barrels serving as shelter.
�The smallest kennel had two or more dogs in it and one barrel. Some dogs � appeared to be unable to move without extreme effort and in obvious pain,� the report stated.
The same deputy documented conditions at the Bridgeville property after the animals had been moved to Mad River.
�The pile of manure looked to be about 2.5 to 3 feet deep. I placed a 3-pound coffee can nearby in a hole where the shelter had sat, and took a picture to show the depth of the manure.
�I also took photos of the area where the kennels had been. Now that the kennels are gone, you can see how deep the mud was during the winter in the small kennel. The videotape, booked into evidence �, will show how much room the animals had inside the kennel and the barrel they had to get into.�
The horse, named Lucky, eventually died at Bugenig�s former Mad River residence. Dozens of dogs were found dead or dying at the property earlier this month, and at least 20 more, all dead, were found at two dump sites Trinity County investigators have linked back to the residence.
The ALDF contacted The Eureka Reporter on Friday, after having been contacted by Barbara Shults, director of the North Coast Animal Welfare Advocacy Center, seeking a second opinion on the legal argument.
Gallegos� campaign Web site, www.votepaul.org, lists Shults as a supporter of his successful 2006 bid for re-election.
�I�ve been an avid supporter of (Gallegos) from the get-go, but now I�m just really disgusted with him,� Shults said Sunday.
�What kind of precedent does this set for the community? Does it tell people who might harm animals that they can get away with it?�
Under the terms of the penal code, the statute of limitations on the 122 alleged misdemeanor violations has expired, but Gallegos could legally proceed with the alleged felony.
When asked if there was a chance he would reconsider the charging decision, he said, �Based on politics? Extremely remote. But in all candor to you and everyone else, I will take another look at the file. I will look at it again based on the evidence that is available.�
But the outcome, he said, is likely to be the same.
�I will give deference to my deputy�s decision,� he said, referring to Assistant District Attorney Wes Keat, who Gallegos said originally rejected the felony case, �and I certainly am not going to make a decision based on politics.�
�It�s still not too late for Paul to do the right thing here,� said Shannon Miranda, owner and operator of Miranda�s Animal Rescue in Fortuna, and one of six people who rescued 13 surviving dogs from the Mad River property on Aug. 11.
�File the charge now,� Miranda said.
To that end, the ALDF offered its assistance.
�We urge that a very thorough investigation be performed � in both counties � so that appropriate charges can be filed in this case,� Stark wrote. �We are offering our free assistance to the prosecutors in both counties, and we are available for advice on the investigations as well.�
For information about the Animal Legal Defense Fund, visit www.aldf.org or phone 707-795-2533. | Source: The Eureka Reporter - Aug 30, 2006
Update posted on Aug 31, 2006 - 10:39AM |
John Malcolm, Stacy Malcolm and Roger Zampatti were formally charged Monday in Trinity County with 16 felony counts each of animal cruelty for their alleged roles in the deaths of dogs believed to have been starved or otherwise killed at the former Mad River residence of Roberta Bugenig.
�The complaint stating the charges has been filed with the court, and the District Attorney�s Office has requested that arrest warrants be issued for the three suspects,� said Trinity County Deputy District Attorney Eric Heryford Monday afternoon.
Heryford said an additional felony charge related to marijuana plants, discovered when search warrants were executed over the weekend, was also charged against both the Malcolms and Zampatti.
Charges against the suspects stem from the Aug. 10 discovery of kennels containing 13 live dogs and an unknown number of dead dogs on the property formerly owned by Bugenig.
According to Timothy Noal Gray, the Malcolms� defense attorney, ownership of the animals � which at one time included an unknown number of horses, sheep, goats, dogs and other animals � was transferred to the Malcolms for $20 around the time Bugenig was evicted from the property.
Gray said in an Aug. 17 statement that Zampatti, who he then identified only as �Roger,� had assumed responsibility from the Malcolms for the care and feeding of the animals.
The surviving animals were rescued Aug. 11 by a group of volunteers led by Shannon Miranda, owner of Miranda�s Animal Rescue in Fortuna. The rescuers pulled the dogs from among the remains of numerous dead dogs, many of which appeared to have been eaten by the survivors.
Two of the dogs were subsequently euthanized due to severe physical and psychological problems.
Miranda, who is looking for homes for the remaining dogs, said he was happy the case was moving forward, but said more charges should have been filed.
�It�s not enough,� he said. �There needs to be a felony count for every dog, dead or alive. All of these animals suffered horribly, and that needs to be reflected in the charges.�
Heryford agreed that the number of charges currently filed did not reflect the total number of dogs that died while allegedly in the care of the Malcolms and Zampatti.
So far, Heryford said, the three have been charged only for the first six dead dogs found in seven blue barrels at a remote dump site on South Fork Mountain above Ruth Lake, and for 10 more dead dogs found dumped off the side of Highway 36 just east of the Bugenig residence.
No charges have yet been filed in connection with the 11 living dogs, the two that were euthanized, five additional dogs found at the South Fork Mountain dump site, or the unknown number of other animals that died at the Bugenig property.
Heryford said that he expects to amend the complaint to include additional charges. �It�s still being reviewed, but I wanted to get charged what we have in front of us, and basically get it moving,� he said.
Gray was in Oregon when the charges were announced and did not return calls by press time Monday.
The maximum sentence possible is three years for each count. | Source: The Eureka Reporter - Aug 29, 2006
Update posted on Aug 29, 2006 - 10:15AM |
In yet another twist in the Mad River dog abuse scandal, information uncovered late last week suggests that officials on this side of the county line missed at least two opportunities to intervene on behalf of the unknown number of horses, sheep and dogs that ultimately died at the former Trinity County residence of Roberta Bugenig.
As recently as June 2004, Bugenig, now 65, lived in Humboldt County, on Chalk Mountain Road near Bridgeville, and in January and June of that year was investigated for alleged offenses related to her care and treatment of 61 dogs and a blind horse named Lucky.
But according to public records, charges against Bugenig requested by the Humboldt County Sheriff�s Office � including 122 alleged misdemeanor county code violations for failure to vaccinate and license her dogs, and one alleged felony violation for abuse of the horse � were never filed by the Humboldt County District Attorney�s Office.
John and Stacy Malcolm are expected to be charged in Trinity County with multiple felony animal cruelty charges stemming from their treatment of the Bugenig animals.
But why were charges not filed against Bugenig years earlier in Humboldt County?
Lt. Steve Knight, who heads up the animal control division of the Humboldt County Sheriff�s Office, said he doesn�t know.
�As I understand it, we had one case where (Bugenig) was cited for numerous counts for no rabies vaccination and licensing of the animals,� he said. �That was back in January 2004. In June of 2004 deputies went out again to investigate a report of animal neglect and cruelty, and a case was referred to the DA�s Office for charges.�
Knight added, �I don�t know what the DA did with it.�
District Attorney Paul Gallegos said Monday that the first case, involving the 122 alleged misdemeanor violations, was received by his office June 15, 2004, and was rejected Oct. 26 of the same year.
�These were regulatory offenses, not neglect offenses,� Gallegos said, adding that the reason given in the file for rejection of the charges was �interests of justice.�
�There could have been issues of proof,� he said.
The alleged felony offense of abuse of the horse was received by the DA�s office July 9, 2004, and rejected Aug. 23, 2004, for lack of evidence, according to Gallegos.
�We can do nothing unless we have sufficient evidence of an offense,� he said. �That�s it in a nutshell.�
Sheriff�s Office Public Information Officer Brenda Godsey said Tuesday that she could not speak to the evidentiary value of information provided to the DA�s Office, but could officially confirm that a videotape had been booked into evidence.
Godsey also confirmed that deputies had posted a pre-seizure notification on the stall of the horse June 4, 2004. But when deputies returned June 9 to follow up on the notice, all of the animals were gone.
Bugenig had left Humboldt County and moved approximately five miles across the county line near Mad River in Trinity County.
Timothy Noal Gray, the Malcolms� defense attorney, confirmed that Lucky died on the Mad River property of unknown causes in March of this year.
The horse was old, Gray said, and he believed its death was �a natural thing.� The Malcolms, he said, had it buried at �considerable personal expense.�
Dozens of dogs were found dead and dying in and around the kennels at the former Bugenig property on Aug. 10, after a U.S. Forest Service law enforcement agent found blue barrels containing dead dogs that had been dumped in Six Rivers National Forest. They were eventually linked back to the kennels.
Knight said Humboldt County Animal Control did everything it could to intervene in the matter. According to documents obtained by The Eureka Reporter, one deputy even prepared a declaration in support of a warrant requesting the arrest of Bugenig for alleged �failure to provide care� for the animals.
Although charges were not filed by the DA�s Office, Knight said his office did inform Trinity County that Bugenig was moving into its jurisdiction.
Trinity County Animal Control Officer Christine Edwards confirmed that she had been notified about Bugenig in 2004.
�There were complaints at one time of a woman locating here with too many dogs,� Edwards said in an Aug. 18 interview.
But Edwards insisted that she didn�t know who the woman was or where she had moved until law enforcement personnel were called to the property in March 2005 to forcibly evict Bugenig from the residence.
�I think we did our job,� Knight said � and, in light of subsequent events, �I�m glad we did our job.�
It is impossible to know whether the prosecution of Bugenig in Humboldt County could have averted the tragedy.
�If we had filed, based on the charges,� Gallegos said, �probably the best results � or the worst results from her perspective � would have been probation.� | Source: The Eureka Reporter - Aug 23, 2006
Update posted on Aug 23, 2006 - 3:30PM |
In the wake of all the bad news out of Mad River, finally there�s some good news from Fortuna.
Many of the 11 surviving dogs rescued from kennels on the former property of Roberta Bugenig are ready to move to new homes, according to Shannon Miranda, owner of Miranda�s Animal Rescue in Fortuna.
But these will not be typical adoptions, Miranda said Sunday.
�These are definite special-needs dogs. We want people to visit the dogs � two, three, four times � before taking them home.�
The dogs are stabilized, Miranda said, but not completely socialized. �They need to bond with someone other than each other and other than me,� he said.
Additionally, many of them are still aggressive when food is present � �understandably,� Miranda said, given the conditions in which the animals were found.
A veterinary report issued Saturday described the conditions as �consistent with a prolonged period of starvation and neglect.�
�People are going to have to come out and spend some time with the dogs,� Miranda said.
�You have to remember, these guys spent their lives on the side of the mountain with no one caring for them at all.�
The dogs still need to be spayed and neutered, he said, but other than that most of them are ready to go.
The 11 survivors are adult, medium-sized mixed-breed cattle dogs, and most have black and brown markings. One has wounds that are healing, and another is blind.
One of the females is pregnant, and Miranda doesn�t think her health is good enough to withstand an abortion.
�It�d kill her,� he said. �We�re just going to have to get her strong and then find homes for the pups.�
The dogs were among dozens of dead dogs found Aug. 10 by Steve Frick, a U.S. Forest Service law enforcement agent, who had traced seven dead dogs found dumped near Mad River back to the property.
Trinity County Sheriff Lorrac Craig said he expects John and Stacy Malcolm to be charged with numerous felony counts of animal cruelty.
The rescued dogs are being housed away from the other animals and can be seen by appointment only. For additional information, phone Miranda�s Animal Rescue at 707-725-4449. | Source: The Eureka Reporter - Aug 21, 2006
Update posted on Aug 21, 2006 - 12:28PM |
References« CA State Animal Cruelty Map
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