ER - 51 CHARGES FILED IN DOG CASE

Dead dogs found in blue barrels in the Six Rivers National Forest were linked by investigators back to the former residence of Roberta Bugenig. Charges were filed Monday in Trinity County against three suspects allegedly responsible for the animals’ care. Heather Muller/The Eureka Reporter

51 CHARGES FILED IN DOG CASE
by Heather Muller , 8/30/2006

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.

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