ER - Two stand trial in connection to Mad River dog abuse case

Two stand trial in connection to Mad River dog abuse case
by Heather Muller , 9/18/2007

The trial of John and Stacy Malcolm, charged in connection with the deaths of dozens of dogs found in and around the town of Mad River, began Tuesday in Trinity County Superior Court in Weaverville.

The Malcolms have been charged with 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.

Trinity County Deputy District Attorney Eric Heryford, who is prosecuting the case, said progress was brisk the first day, with the jury selected, opening statements delivered and two-and-a-half hours of direct examination of the first witness — former U.S. Forest Service law enforcement agent Steve Frick — already completed.

Heryford said the Malcolms’ defense attorney, Timothy Noal Gray, began his cross-examination of Frick, with more to follow when the trial resumes today at 8:30 a.m.

The case stems from Frick’s discovery in August 2006 of several dead dogs in blue plastic barrels on forest land near Mad River.

Frick traced the barrels back to Bugenig’s former property, where he found numerous dogs dead and dying in and around an elaborate system of kennels.

Frick contacted Shannon Miranda of Miranda’s Animal Rescue in Fortuna, to recover 13 dogs that were still alive. Miranda found several survivors locked in kennels with dead dogs.

A Ferndale veterinarian who examined the surviving animals wrote in a report that their condition “was consistent with a prolonged period of starvation and neglect.”

Tips to The Eureka Reporter led to the discovery of a second pile of dead dogs that appeared to be linked to the former Bugenig kennels, and Heryford said even more remains were found in the woods behind the residence.

Throughout the past year, Gray has maintained that his clients bore no legal responsibility for the animals, the ownership of which was hurriedly signed over to the Malcolms by Bugenig on March 15, 2005, as she was forcibly evicted from the premises.

Gray has also argued that responsibility lay with a third suspect, itinerant fence-builder Roger Zampatti, who was temporarily living at the property when the dead dogs were discovered.

But Gray’s case suffered a setback in August when Zampatti cut a deal with the prosecution in exchange for his testimony against the Malcolms.

As part of the plea agreement, 40 felony charges were dropped, but Zampatti could still spend up to a year in jail, Heryford said. He is expected to be sentenced after the Malcolm trial ends.

Heryford said he had initially anticipated the trial lasting only a few days, but because of an extensive witness list submitted by the defense, proceedings could take as long as two weeks.

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