Alert 12/7/08 December Court Watch – Final & Complete
Hopefully, this completes the report for December’s Court Watch.
Note that cases sent to you earlier are included here; they are the cases from 12/2 thru 12/10/08. (Repeating them here provides one document showing ALL December cases; thanks for your patience on this.)
New cases start with 12/16/08 and go through the end of the month.
Please note the action on 12/16/08 initiated by Deborah Marson in her civil case against the Animal Welfare League of Arlington, and specifically naming Kay Speerstra of that group. Animal Welfare League of Arlington serves as the public pound for Arlington County and so receives public funding. Debbie wants animal record information from AWLA. If you are having difficulty gaining access to what would seem to be public information, you may want to do what Debbie is doing.
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 County 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
12/16/08 Tuesday
9:00 am
Defendant: Tyrell Lamar Suggs
Smyth County Circuit Court
109 West Main Street, Room 144; Marion, VA 24354
Clerk: Hon. Jimmy L. Warren
276-782-4044 fax: 276-782-4045 email:
Prosecutor: Asst. Commonwealth’s Attorney Jill Kinser Lawson
276-782-4042 fax: 276-782-4043 email: jlawson@smythcounty.org
charge: Class 6 felony: animal cruelty
On 7/2/08, Smyth County animal control officers responded to a complaint of a smell coming from the apartment of Tyrell Suggs. Upon investigation, the smell was found to come from the body of Omar, a Doberman pinscher owned by Mr. Suggs and found in a closet in his apartment. Mr. Suggs was not in the apartment because he had been arrested on 6/11/08 on other charges and was incarcerated until his release on 7/2/08. He had not told anyone the dog was at his home. On 9/19/08, the case was brought before the General District Court and, on 9/23/08, presented to a Grand Jury, who returned an indictment. The case is now to be tried as a felony in Smyth County Circuit Court on 12/16/08.
anticipated action: trial
12/16/08 Tuesday
10:00 am
Defendants: Kay Speerstra and Animal Welfare League of Arlington
Arlington County General District Court
1425 N. Court House Road; Arlington, VA
Clerk: Steven Robert Spurr
703-228-7900 fax: email: sspurr@courts.state.va.us
Deborah Marson, a resident of Arlington County, has filed a civil action (Writ of Mandamus) because the Animal Welfare League of Arlington, which serves as the public pound for Arlington County, and Kay Speerstra of AWLA have not honored Ms Marson’s FOIA (Freedom of Information Act) request for animal intake and disposition records for FY2008.
anticipated action: hearing
12/17/08 Wednesday
10:00 am
Defendant: Michael D. Smith
Warren County General District Court
One East Main St.; Front Royal, VA 22630
Clerk: Pamela S. Kidwell
540-635-2335 fax: 540-636-8233 email: pkidwell@courts.state.va.us
Prosecutor: not yet known
540-635-5441 fax: email:
Charges: two “show cause” charges for failure to appear; one charge of operating a kennel in “R-1”
This is a hearing after one year of probation regarding operating a kennel in “R-1”, likely a zoning violation. Charges are to be dropped if Michael Smith’s behavior for a year was satisfactory. However, in 10/08, he was convicted on charges of animal cruelty in Warren County.
anticipated action: probation hearing
12/17-19/08 Wednesday through Friday
9:30 am
Defendant: Albert C. Taylor
U.S. District Court
116 N. Main St.; Harrisonburg, VA 22801
Clerk: John F. Corcoran; Deputy Clerk: Susan Moody
540-434-3181 fax: email:
Judge: Hon. Glen E. Conrad
540-857-5135 fax: email:
Prosecutor: U.S. Attorney Thomas J. Bondurant, Jr.
540-857-2379 fax: email: thomas.bondurant@usdoj.gov
This is a federal case.
On 9/18/07, Albert Taylor was accused of accepting bribe payments and transmitting them to a public official to insure that the cockfighting operation run by Mr. Taylor and three other defendants (who previously pleaded guilty and have been sentenced) would be free of local law enforcement harassment. The payments appeared to be campaign donations from Mr. Taylor to Page County Sheriff Danny Presgraves. In addition, Mr. Taylor faces charges of conspiracy, sponsoring cockfights in which roosters were transported across state lines, illegal possession of gaffs and knives to be used in cockfighting, operating a gambling enterprise, and money laundering. Mr. Taylor entered a not guilty plea regarding these charges on 9/20/07 with an original trial date of 11/27/07. After three continuances and a motion for Mr. Taylor to be tried separately from his three co-defendants, a jury trial was set for 9/23-26/08. The trial date was subsequently continued to 12/17-19-08.
action anticipated: jury trial
12/19/08 Friday
10:00 am
Defendant: Katherine Gaylord
Caroline County General District Court
111 Ennis Street; Bowling Green, VA 22427
Clerk: Ms Terry M. Southworth
804-633-5720 fax: email:
Prosecutor: Commonwealth Attorney Anthony Spencer
804-633-7170 fax: email: Aspencer@co.caroline.va.us
Charges: five counts of animal cruelty
Katherine Gaylord faces charges of five counts of animal cruelty, all Class 1 misdemeanors, for the death of five of her dogs. Animal Control Officers called to the Gaylord home on 8/12/08 found five dead and decomposing bodies of dogs in addition to two severely dehydrated dogs which were still alive. A veterinarian’s report states that the dogs could have been dead from 3 to 14 days. The surviving dogs were seized and, after a court hearing, permanently taken from Ms. Gaylord.
The trial was originally set for 10/3/08 and continued to 12/19/08.
action anticipated: trial