ER - 78 additional felonies charged in Mad River dog abuse case

Heather Muller/The Eureka Reporter
A total of 129 felony charges — 126 of them alleging animal cruelty — have now been filed against three suspects in the Mad River dog abuse case. Arrest warrants have been issued in the case for John Malcolm, Stacy Malcolm and Roger Zampatti.

78 additional felonies charged in Mad River dog abuse case
by Heather Muller , 9/1/2006

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.

Copyright (C) 2005, The Eureka Reporter. All rights reserved.

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