Misdemeanor upgraded to Class 6 felony goes before grand jury March 5
By Randy Arrington
LURAY, Feb. 14 — More than a dozen protestors gathered at the top of the Page County courthouse steps on Thursday with signs reading, “Justice for Rosie.” The animal abuse case against a Shenandoah woman has triggered regional attention due to images like the one above of “Rosie”, a 2-year-old German shepherd. Those images were shared on social media and a vigil was held at the courthouse in November. On Thursday, additional deputies were assigned to the building.
After about an hour of testimony before a full courtroom at the preliminary hearing, Judge Ken Alger certified the Class 6 felony charge of torturing a dog against Sarah Beth Maiden to a circuit court grand jury at 1:30 p.m. on Wednesday, March 5. A previous misdemeanor charge of animal cruelty against Maiden was elevated to felony animal torture. This week the general district court judge ruled that there was enough evidence to forward the charge to the circuit court level.
“When I look at these photos,” said Judge Alger, holding up photos of Rosie for the courtroom to see, “I think it is the definition of [cited Code section]… I do find malice. I have done several cases like this…this is pretty severe.”
Dr. Evyman Prado Sanchez testified on Thursday that “Rosie” was brought to her veterinary emergency services clinic in Verona (Augusta County) at 10:16 p.m. on Thursday, Oct. 24, 2024. The ER veterinarian said the dog was “almost comatose” and although the clinic tested for various tick-borne illnesses and other disease, there was only one conclusion on the dog’s current state.
“She said her children were feeding the canine and she was sure she was getting food…but that was just not resinating with the condition of this animal. You just don’t get to this point without not receiving sustenance,” the expert witness said during her testimony. “I told her there’s no other explanation other than malnourishment or neglect.”
Defense attorney Scott Hansen questioned the ER veterinarian as to whether the dog’s condition could have been caused by a tick-borne illness, such as Lyme disease, which the animal had been exposed to before. However, Dr. Sanchez testified that blood test results were “not correlated” to, or did not show, the presence of any tick-borne illness or other disease. When Hansen also tried to suggest that the 13 ribs showing in the photo (submitted as a Commonwealth exhibit) were possibly brindle coloration (or striping) in the animal’s coat, the veterinarian simply responded, “No.”
Deputy J.W. Corbin of the Page County Sheriff’s Office testified to answering the call for an animal welfare check at 715 Sixth Street in Shenandoah at 6:27 p.m. on Thursday, Oct. 24.
“The dog was laying on its side. No movement, very little…and I approached the dog to see if it was still alive,” Dep. Corbin told the court. “There was shallow breathing… There were two females at the home. I advised them that they needed to take the dog to the vet…”
The deputy further testified that the defendant stated she could not take the animal to a veterinarian because her driver’s license had been suspended, and her friend was unable to do so due to alcohol consumption. Dep. Corbin then said he advised Maiden to call a family member to take the animal to immediate care, and to contact him when that had been done. He also testified that the animal was tethered with no sign of food or water bowls nearby.
“She stated that the dog had had weight issues as long as she shad owned it,” Dep. Corbin testified under cross examination.
The defense confirmed through the deputy that Maiden had been cooperative and told him that the dog was provided food and water every day. Hansen showed the deputy photos of food and water bowls that were near (or under) the porch where the dog was tethered. During his animal wellness check, Corbin had inspected a bag of Pedigree dog food that he estimated was one-third still full. The defense also argued that documents had been provided to show the owner had made regular vet visits, kept up with shots, and provided medical care for Rosie.
In his closing argument, the defense claimed the commonwealth had not met its burden to show actual malice because what was done “wasn’t malicious.” Hansen argued that the Class 6 felony of animal torture should be lowered to a Class 1 misdemeanor for animal cruelty or abuse.
The commonwealth argued that the prosecution had presented evidence in the form of photos and testimony from both law enforcement and a medical expert showing that “that night that dog was in that state” … “severely dehydrated and lacking sustenance.” The commonwealth called the act “very much inhumane, and it rises to a felony level.”
Immediately after issuing his opinion and certifying the case to the circuit court, Judge Alger issued a warning to those in attendance on Thursday not to follow Maiden to her car or shout things at her en route to her vehicle (as has happened previously). With members of the non-profit group Dogs Deserve Better Blue Ridge sitting in the gallery, the general district court judge made it known that the defendant would be escorted to her vehicle by law enforcement.
“This court is going to ensure the safety of everyone,” Judge Alger said. “No one is to follow her, or shout things at her… Everyone deserves respect and dignity as we go through these proceedings.”
Maiden was arraigned on Oct. 31, 2024 and made her first court appearance on Nov. 21. The night before, protestors held a vigil for Rosie outside the courthouse.
The case returns to court Wednesday, March 5 when a grand jury will decide in closed session whether the felony charge is a “true bill” and should be sent to trial in Page County Circuit Court.
•••
RELATED ARTICLES
Drugs connected to 82% of February indictments
Shenandoah man ‘wanted’ in Page arrested after motorcycle chase in southwest Virginia
Shenandoah man indicted in federal court for stealing $200,000 from former employer
Be the first to comment