Malcolms 'walked through' arraignment
by Heather Muller , 9/2/2006
John and Stacy Malcolm, the Mad River couple charged with 42 felony counts each of animal cruelty for their alleged roles in the starvation and deaths of dozens of dogs, appeared only briefly in court Friday before being released on their own recognizance.
“They were basically walked through by their attorney,” said Trinity County Deputy District Attorney Eric Heryford, who has filed a total of 129 felonies against the Malcolms and their alleged accomplice, Roger Zampatti, stemming from the discovery of the dogs on and around a Mad River property.
“It’s not the way this usually happens,” Heryford said.
He said that while he objected to the conditions of the Malcolms’ release, the absence of bail in the case was not surprising.
“All of the bail criteria are basically in their favor,” Heryford said, adding that these criteria include their prior criminal records, homes or jobs they may have in the area, their possible threat to public safety and their voluntary surrender on the warrants.
“It may have been different if (Trinity County Sheriff’s) deputies had to go out and hunt them down,” he said.
That may be the case for Zampatti, who as of Friday afternoon had not turned himself in to authorities.
If Zampatti is picked up by deputies, he would be held until he could appear before a magistrate — which could be until Tuesday, because of the Labor Day holiday, Heryford said.
The Malcolms’ attorney, Timothy Noal Gray, told The Eureka Reporter Thursday that his clients would surrender Friday, and phoned Heryford Friday morning to say they’d be coming in.
The Malcolms and Zampatti stand accused of cruelty to animals previously belonging to Roberta Bugenig, who has not been charged in the case but is currently in prison for brandishing a firearm at peace officers who were attempting to forcibly evict her from the property in 2005.
A felony animal cruelty charge against Bugenig in Humboldt County was rejected by the Humboldt County District Attorney’s Office in 2004 but is currently being reconsidered by DA Paul Gallegos.
Each of the three suspects charged in Trinity County will face one additional felony count relating to a small marijuana growing operation found on the former Bugenig property.
All three suspects are expected to appear in court Sept. 13, when prosecutors and defense attorneys are scheduled to set a date for a preliminary hearing.
Copyright (C) 2005, The Eureka Reporter. All rights reserved.
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