ER - Defendant in Mad River dogs case accepts plea deal

Defendant in Mad River dogs case accepts plea deal
by Heather Muller , 8/20/2007

After weeks of negotiations, one of three suspects in the deaths of dozens of dogs in Mad River has agreed to plead guilty to a single count of animal cruelty in exchange for his testimony against the other two defendants.

Roger Zampatti entered into the agreement late last week, said Trinity County Deputy District Attorney Eric Heryford, who is prosecuting the case.

Zampatti and co-defendants John and Stacy Malcolm stood accused of 41 counts each of felony cruelty to animals and one additional charge apiece stemming from the discovery of a small marijuana growing operation on the former Mad River property of Roberta Bugenig.

Under the terms of the deal, the remaining 40 animal abuse charges and the drug charge against Zampatti will be “dismissed in a technical sense,” Heryford said, but can be considered by the judge for purposes of sentencing.

The only other condition, said the deputy district attorney, is that Zampatti was promised he could serve his sentence in the Trinity County Jail.

“I didn’t feel I had enough evidence against John Malcolm,” Heryford said. “By getting this statement and information from Mr. Zampatti, that gives us evidence as to John Malcolm’s involvement in the case.”

He added that he hopes the statement “will clear up the timeline and some of the details” of the case.

Timothy Noal Gray, the Malcolms’ defense attorney, said the plea deal was just one more sign of a rush to judgment against his clients.

“They’re not concerned about who’s guilty. They’re just concerned about getting a conviction. There was never any real investigation. They never seriously considered anyone but my clients. It was a very high-profile case, and they just want a conviction.”

Gray has contended from the start that his clients did not own and were not responsible for the animals, but did the best they could to care for them after Bugenig was arrested, convicted and imprisoned for brandishing a firearm at law enforcement officials who were attempting to forcibly evict her from the property.

Public officials from both Trinity and Humboldt counties were aware of the existence of the dogs, he said, and apparently did not find cause to intervene.

“Everybody expressed a lot of concern and surprise and disgust and everything, but there was no real investigation.”

Thirteen surviving dogs were removed from the property on Aug. 11, 2006, after dead dogs found dumped in a nearby forest were traced back to the property.

Heryford said Zampatti is looking at a maximum of one year in jail, but would not be sentenced until after the Malcolms’ trial, which is set to begin in September.

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

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