Alert 12/5/08 December Court Watch – Another Partial
With the General Assembly to convene in January, the pace is picking up and time shrinks even faster. Here is another look at December’s cases, but our report is still not complete. More will be sent in a few days.
The two cases on 12/2/08, just below, were heard. See updates at the end of each.
New in this alert are the cases on 12/8 and 12/10. The trial on 12/8/08 is very important and involves dogfighting in Hanover County. That day will be long and significant. Please come. You will learn a lot, and you will, by your presence, support those who work so hard to eliminate dogfighting.
No less important is the sentencing of Sandra Cortes, also on 12/8, in Prince William County at 1:30.
And on Wednesday, 12/10, please get to the hearing for both Donald Blake and Steven Clark, accused of torturing an animal, causing death.
As before, let the court know you support rigorous enforcement of laws involving animal cruelty whether you attend or not. Prosecutors need to know their work is noticed and supported.
12/2/08 Tuesday
1:15 pm
Defendant: David Winesett
Carroll County General District Court
605 Pine Street, Hillsville, VA 24343
Clerk: Donna Janette Webb
276-730-3050 fax: 276-730-3054 e-mail: dwebb@courts.state.va.us
A tip regarding a potential puppy-mill type operation where dogs were kept in conditions described as “deplorable” in Carroll County resulted in Virginia State Police seizing 63 dogs on 11/13/08 after consulting with a state veterinarian, Dr. Dana Miller. All 63 dogs were taken to Angels of Assisi, a Roanoke animal shelter. Pursuant to Virginia law, a hearing will now be held to determine if the animals were treated cruelly. The owner of the operation is David Winesett who served as an Animal Control Officer in Carroll County from 1979 to 1989. No charges have been placed against Mr. Winesett at this time.
action anticipated: civil hearing to determine custody of the animals
UPDATE: The case was dismissed. The judge ruled that the hearing should have taken place within 10 days of the seizure of the dogs, but took place on the 11 th day. Note that Del. Terry Kilgore defended David Winesett. Next steps are not known at this time.
12/2/08 Tuesday
1:30 pm
Defendant: Wilford Booker
Lunenburg County Circuit Court
11435 Courthouse Road; Lunenburg, VA 23952
Clerk: Hon. Gordon F. Erby
434-696-2132 fax: 434-696-3931 email:
Prosecutor: Commonwealth’s Attorney Robert Clement
434-696-2174 fax: 434-696-1844 email: luncommatty@meckcom.net
Charges: 5 counts of animal cruelty, all Class 1 misdemeanors
In early 2008, Wilford Booker agreed to take four horses from Michael Wilkerson of Caroline County when Mr. Wilkerson was facing animal cruelty charges there regarding those horses. One of those horses has since died in Mr. Booker’s care. Mr. Booker was tried in Lunenburg County General District Court on 3/5/08 and found guilty of animal cruelty. The case was appealed to Circuit Court and on 8/5/08, he was again found guilty.
NOTE: Sentencing was scheduled for 10/6/08 and has been continued to 12/2/08. NOTE: An appeal on the Wilkerson case, mentioned above, is scheduled in Caroline County Circuit Court on 1/20/09.
action anticipated: sentencing
UPDATE: According to Robert Clement, Lunenburg County’s Commonwealth Attorney, the jury recommended a sentence of three months on each of five convictions for a total of 15 months. Despite Mr. Booker’s request for a continuance, the judge refused the continuance and imposed the jury’s recommendation of 15 months. Mr. Booker was taken to jail and appealed the sentence. The judge set a $10,000 secured appeal bond. Mr. Clement anticipates that Mr. Booker will be out of jail soon. Dates for the appeal are not yet known.
12/8/08 Monday
9:00 am
Defendant: James Covington
Hanover Circuit Court
7507 Library Drive; Hanover, VA 23069
Clerk: Frank D. Hargrove, Jr.,
804-365-6120 fax: 804-365-6278 email:
Prosecutor: Asst. Commonwealth’s Attorney Stephen Royalty
804-365-6185 fax: 804-365-6295 email: sbroyalty@co.hanover.va.us
Charges: Charges are generally regarding dogfighting.
James Covington faced 13 charges when he appeared in Hanover County General District Court on 7/2/08. Nine of the 13 charges were class 1 misdemeanors and involved dog fighting wager money. Mr. Covington was found guilty on all nine charges. He immediately appealed the verdict to the Hanover County Circuit Court.
The four remaining charges of the 13 total charges were each Class 6 felonies, and each was certified to the Grand Jury:
one was a charge for dog fighting wager money
second was a charge for possess/own dog for fighting
third was a charge for promote/engage in dogfighting
fourth was a charge for wager money on dogfighting
The Grand Jury considered these four felony charges on 7/9/08 and returned two indictments against Mr. Covington that same day.
Note that the description of the indictments brought by the Grand Jury differ slightly from the charges of the General District Court as the Grand Jury issues its own charges when they indict. One charge is for animal cruelty, a class 6 felony, and the other is a charge of dogfighting, also a class 6 felony.
The two charges were to be heard on 9/8/08 in Hanover County Circuit Court. However, on that date, Mr. Covington requested a jury trial, so the matter was continued until 12/8/08.
Also to be addressed on 12/8/08 is Mr. Covington’s appeal of his conviction on 7/2/08 by the Hanover County General District Court (above). Each appeal is for conviction of a Class 1 misdemeanor for cruelty to animals.
action anticipated: jury trial
12/8/08 Monday
1:30 pm
Defendant: Sandra Cortes
Prince William County General District Court
9311 Lee Avenue; Manassas, VA 20110
Clerk: Jacqueline R. Ward
703-792-6141 fax: email:
Prosecutor: Asst. Commonwealth’s Attorney Sandra Sylvester
703-792-6050 fax: 703-792-7081 email: ssylvester@pwcgov.org
Charges: 28 counts of Animal Cruelty Generally
Sandra Cortes and co-defendant, Brenda Dodson operated Assisi’s Animal Rescue Foundation from a townhouse in Centreville, VA. After receiving complaints from neighbors, investigators went to the home on 5/5/08 and found 96 dogs, emaciated and living in filthy conditions. The dogs were impounded and Ms. Cortes and Ms. Dodson were both tried and convicted on 10/1/08; Ms. Cortes was convicted on 27 counts of animal cruelty/neglect. Sentencing will be on 12/8/08.
NOTE: See previous issues of Court Watch, particularly the October Court Watch Alert for additional background.
anticipated action: sentencing
12/10/08 Wednesday
10:00 am
Defendant: Donald Blake
Lexington/Rockbridge County General District Court
150 South Main Street; Lexington, VA 24450
Clerk: Elaine Cieluch
540-463-3631 fax: 540-463-4213 email:
Prosecutor: Commonwealth’s Attorney Robert N. Joyce
540-463-7337 fax: 540-463-6628 email: Bjoyce@lexrockca.net
Charge: Class 6 felony: torture animal causing death
On 9/9/08, Donald Blake and co-defendant, Steven Clark (below), allegedly threw gasoline on a cat and set the animal on fire. When the cat ran away, they caught it and tied it to a cinder block with Weed Eater string and set the animal on fire once again. Veterinary necropsy results revealed that damage to the lungs showed the cat had inhaled hot gases while still breathing. Mr. Blake and Mr. Clark both face Class 6 felony charges for torturing and willfully and inhumanely inflicting pain and maiming, and for mutilating a companion animal which resulted in its death. At this preliminary hearing, the Commonwealth's Attorney's office will present evidence and the Judge will decide if the evidence warrants presentation to a Grand Jury. If so, the case will go to the Grand Jury in early February, 2009, and, if an indictment is returned, a trial date in the Circuit Court will be set.
anticipated action: preliminary hearing
12/10/08 Wednesday
10:00 am
Defendant: Steven Clark
Lexington/Rockbridge County General District Court
150 South Main Street; Lexington, VA 24450
Clerk: Elaine Cieluch
540-463-3631 fax: 540-463-4213 email:
Prosecutor: Commonwealth’s Attorney Robert N. Joyce
540-463-7337 fax: 540-463-6628 email: Bjoyce@lexrockca.net
Charge: Class 6 felony: torture animal causing death
On 9/9/08, Steven Clark and co-defendant, Donald Blake (above) allegedly threw gasoline on a cat and set the animal on fire. When the cat ran away, they caught it and tied it to a cinder block with Weed Eater string and set the animal on fire once again. Veterinary necropsy results revealed that damage to the lungs showed the cat had inhaled hot gases while still breathing. Mr. Clark and Mr. Blake both face Class 6 felony charges for torturing and willfully and inhumanely inflicting pain and maiming, and for mutilating a companion animal which resulted in its death. At this preliminary hearing, the Commonwealth's Attorney's office will present evidence and the Judge will decide if the evidence warrants presentation to a Grand Jury. If so, the case will go to the Grand Jury in early February, 2009, and, if an indictment is returned, a trial date in the Circuit Court will be set.
anticipated action: preliminary hearing
Lillian Clancy and Donald Marro