The gloucester, va case that never was

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l? C'1' C ~ ~ COUNTY OF
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COUNTY OF G OUCE TE / GCI0005425-00
COMMONWEALTH OF IRG NIA, GC10005426-00
GC10005427 00
Pl in iffs, GC10005428-00
GC10005429 00
vs. GC10005430-00
GC10005431-00
GC10005438-00
GCI0005439 00
Defenda t.
ORIGINAL

B FORE: The H norabl J ffrey iti. Shaw, Judge
DATE: ,Zl,ugust 26,200
-- - 00 - -
APPEARF,NCES: MONIQUE W. DON~ER, ESQ.
Assis a:-l Commonwealth's Attorney
P. . Box S6
Gloucester, Virginia 23061
Counsel 0 behalf of he Plaintiff
EDWIN ftJ LMOT, SQ.
County Attorney
Post Office ox 309
Gl uc ster, V rg nia 23061
IV'ICHAE I' S BERICK, ESQ.
Duse',vi'Z & oberick, P.C.
2614 eorge Wash ng on Memor a Highway
H yes, V rg n 23072
Co nsel on behalf of the Defendant
Reported By: Debora I,. Ragland
Lew s & DeBerry

Repor ir Service

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INDE F E NATJ:ON
IiHTNESS PAGE
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HOLLY COHOOI~:

D rect E ami. atien Y [1 s . enne 7

Cross-Exam na.i n b [vJr. S berick 9

S EVEN BARANEK:

Direct Exami atio Y ['1 s . a 14

Cross Exami at or b M Sober~ck 23

Red rect Examination Y ~Jls. Den .er 24

Recross Exam nat on by 1'·1r. S er k 26

Further Redi ect Exam'n ~ien b Hs. Donner 26

'Fur her Recross-Exa i at_ n y [v;r. So er ck 29

STEVEN BARANEK:

Direct Examina~io by r. ffllil at 42

Cro s Exarcinat: on by Mr. Sobe ck 58

R dir ct Examinat on by Mr. Wilmet 68

PAUL EHANUELE:

Direct Exam nat on b 69

Cross- xamina i n by M a erick 72

ew s & DeBerry
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EXEIBIT PAGE
COMlvIONlrJEALT

1 CD audio ..... . 4

2 - Phot:ograph 9

3 - eve ...... . 57

COUNTY:

1 - Photogr ph 46

Le'tlis E~ DeBerry
in S rvice

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TEE CO:":RT: Laura Cre1;Js.
MR. SOBER I CK: I have several witnesses,
Your Honor.
TEE COURT: All the witnesses in the matter
of County of Gloucester versus Laura Crews, please come
forward.
Any witnesses for the defense?
I'-1R. SOBERICK: Yes.
THE COURT: Each of you raise your right
hand.
(Witnesses sworn.)
THE COURT: Is there a motion for
separation? Are there going to be any opening
statements?
MR. SOB;;::RICK: I think maybe briefly.
THE COURT: All right. All the witnesses
step out In the hallway. Don't discuss your testimony.
Is this gentleman here not for this case?
MR. SOBERICK: He's not for this case.
THE COURT: Ms. Donner.
MS. DONNER: Brief opening statement, Your
Honor. There are sort of two sets of charges here.
She has two charges of obstruction, one against
Sergeant Emanuele and one against Officer Steve
:Sewis & DeBerry
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war an he had i "' he anima s n ed
o b c ecked on, and sh C1 n tely obstructed m
when ttempt-ed ::'0 e cu he searc~ warr n
e secend a es involve Mr. W mo
an vJh t the vJhen they ac y
we D o look at th a~d tha t 's iNhere
d tie wnership charg n.
THE COURT: ht. I assume -- an I
should a e asked this pr s y. Any motions o
amend any amendmen::s h ng s to any of t~e
charg ?
YIS. DONNER: Ne, ot from -
tvlR. ltV I U-'1OT :
lty pleas to all the
M SOBER I K: Y You Honor.
HE COUR'!': o d. any opening?
'VIR. 'vi I L~vlOT : Jus iefly, Your '10 0 Y s,
the e a s ceunty d t s of w hip charges n
that io 3 The e's erference with the
du::: o an a mal centrol 0 f. e , wh ch C s a Class 2
m sd Tn an The SIX duties of owne sh p charges are
Class 4 sdemeanors.
HE COURT: You sa ass 2 for- the
AJI L>~OT : Ye , h 3 3 of the coun y
Lew y

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ficers. 's s a 0
H o fJj r . e.rlck, any peni. 9
tateme:l?
toj.R. • B .R. K: u ge, my 1 v S at h r
house. Sh h s a number f She has arge
i a
she irJor:c::s a or m l"tary
po ce on S lS. s vJa s '0J ken up he mor i 9
by sev pol c o fi ers a a pr:on ca ~ndicating
that they haa a s ar n war a ~. h carne out f he
house, ·CJas ult ergeant Ema:lue e and
then I gu ss the an~ma c ntro" went through her
property a a ft go ng thr ugh it, th y br ught theseY
severa cha ge
s me d e, 'y' ur ono~, my ci ent had her
vet corne to that pr p rty d t ve wi'l test fy that
a ani als VJer xe 1 en CO:ldi ion, there
was noth ng wong with n / 0 t e an m ~s, ha they' e
regu arly rnainta;ned nd e erything was fine, and we
wou~d ask the Court at t usi n of t tria to
d sm ss the case. that this ~s a case 0
re~allatl n by th she iff' ffiee and by anima
ontrol. There's :lV ling tr:e e pe pIe and
I tr:ink t~~s case w s imo y ne that w s simply
DeBerry

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brought beca~se of ~te fact ~ O~ my clien~ didn't
cooperate "lith. them as d;ey 'vvould have liked, but she
certainly didn't conmit any crimes.
THE COCRT: All right. How do you want -
do you want
MS. DONNER: Excuse me. The evidence sort
of flows. The obstruction part sort of happened before
the officers were then able to actually execute the
search warrant, so we Night be able to do this sort of
one after the other and keep it all In sequence.
THE COURT: Okay. Go ahead.
MS. DONNER: :--iolly Cohoon. If you will have
a seat up here, please.
HOLLY COHOON,
called as a witness, having been first
duly sworn, was examined and testified
as follows:
DIRECT EXAMINATION
BY MS. DONNER:
Q. Can you tell the Judge your name, please.
A. Holly Cohoon.
Q. Can you spell your last name for the court
Lewis & DeBerry

Reporting Service

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reporter- .
o H- - 1~ ."7
.
Q. n May
emp-,- ye ?
T
1 'l
A. .L T,d S a 1. d sp
he iff' ff c
Q. n I a hol l_
listened to wh t's
A. I have.
Q. A2 ig +- And
is this a a cura e opy f
n Hay 4th?
A. I l
Q. s a a 1 you r
., 1
A. A 9 ' a.:..~, y s.
DONNER: I VJ
the ~. rt, Your or:or.
HE C [JR A
t'
au 'T: aT'
tvlS. IJ NKER: 'm
as t goes. Th d s a ~ r'
The de e dant's s not that
(F,udio pIa In . /
t s yea , hov'] w ~ you
t he for G u es er C unty
C / IJ ave yo
to the best of your memory,
a onve s :: on h t you had
c iv d as a di Da cher?
li~e to play th s or
r ht.
ust aud o.
e e yb dy h a tr:at?
gig to turn it u a oud
oi e s easy to h ar.
asy t hea
Lew s
Be :::y

rt ng Serv e

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Q. s c 1 d sane ed?
A. Ye [;:''.a aI
Q. }nd iei Y '.1 ha e n furth r co versat on
w th t e a -L r?
A. I bel I c lIed he b k.
Okay. e I au emembey abo t
the call th ~ you a e ba k.
T , s b e s r ::J hs go b t do~
rerr.ecnbe ::-- hey ta ki ab '.Jt tt-L shove nd t t
s e was go ng out he bac GOC- I e ~ e I or the sid
CJ CJ
I
door. I recn rr.ber sa ing to her I "Don't go a t there
wit weapon. They -J I soot a " I do remembe
say::"ng that. Tha 's a au it.
Q. Ok y. o a swer Mr. Soberick's
quest ons, p e se.
A. ure.
ROSS E MIlAT
BY J'vlR. SOBER CK:
Q. Do ave a copy t disk for the
second convers on?
A. ~ do a y of the copies. The
sheriff's off ce p ob bly a the
Lew s & I.)eBer~y
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ab ut a sh 1
T I
/sA. "- ..I
Q. Do Y G e;[lemb th~ co v r at on abo ~ a
shove ?
A. I r Tn rnb r e she d a shovel,
ye h, a d -chat s e "a ei her com ng out he ba k do r
or ~he side doo I'm not su e.
Q. rJas sh se vJhen she -Ja t. lking
with you?
A. I be ~e e s yah.
Q. vJh ?

I thin J was a ar;.d1 :1e.

was that
altered in any fa hion a a l .L
Q. The irst tap tha
A. No~ to r.l
Q. Is tha~ t e en~ire conversatio ~
A. s far a now, yes.
Q. A -Jho btai ed this tape rom yo or how
tape 9 t r produc d?
IA. I don't n VJ. a 911 dispatcher.
do't hav anything to do with th t. ~Ir.l assum ng
that you know, a 11 cal s are recorde I I In
assumlDg that perhaps tee mmonwea th's At-t.orney
office or something reqG sted a copy of he tape. I
Lewis & DeBe y

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~l
Ea u ist n the ec l"ld conve tion
at ail?
Q. So y tryin have r c s three
m nths ag
Q. lnd w sth re s ason wh cu di
isten to n prep tioD for oday's heari"g?

I d re anymo

Q. vJhen l he last imc ou w ~k d there?
1. nc.
Oka Did th rson id ify them ves
w 0 yo w re talk~n t at ei h r tirre?
1. I don't r • :::: do 't rememb I knoltJ-L
that i came up m'l syst ur;der he aDe at ha
ddress. That's 'J.y I'm thinking I ca ed her back.
d n't know i he ca ete back rIca-led her Dack
but I do knew th here w furth r onversat n
because remerrDe ut a el and h she ItJCi
COD n out the d or i h Ci shovel.
Did o e]e~ s k to any o ice of cers
ab ut '::.h fter'da
N
Q. Doesn' sound littl culiar ha
Lew DeBerry

Rep rt Servio

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n v}.

y ,- y he2 d h2t yom my
c-
f pO.L i of +'
l rs wh
No:: k VJ 0 f .
Q. o you h e a c ers t on w h the DO
offi S 2S we I?
A.
Q. You ever lked o Of l r Emanuele that
mar n g, Se eant E an"ele?
A. Prob y la that 2y, maybe, bu:: not

hen, n

Q. id you not y
A. I JU sp C fir';:. y reme er say ng to
nd th IS itJhy kn vJ that ther a~ eel her
back r she calle me back e b 2use here via
ad tio conve sat~i bet vJ e us. I GO r m mber
2ying a her at t~ y will shoot Y u '+'
ou go outl.L
::he e with 2 weapon. And hiS. t f s vJhy w2 k ng sh
ether came au:: h r back doo r a si door. I don'
her ouse 1 oks lik but
;
Q. Okay. Q tJ re ,;70U cor~-:act l,dit the
of cers r ?
Uh huh. 2
rry
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w e con t
- ~
A. W 1J _~ d 7e :1 t e 2Dlm 1 ccr 01~ ~
officer, do
, t h ct n T~ a c with Se gean
2manu Ie, a 'J e vi i hi .1 a dio
n><. All th
N
Q. ou n
, t talk to any ot.h offi ers?
l-L I
, t r ca 21 ng any 0 he
of icers.
Q. Ana yo know r Se gean Ema uele aIled
in ter my cl Y"T wa ar st d and eported wha
ha pened?
I'm s re e pro ably came into he office
vI en he iJ ough her n. know.
Q. Did Y ::al r.J l him when he came int the
offi e?
A. on' eca t lk:ng to h
so RI AIr::. t. Thank o~], m 'am.
Any red e t?
MS. DO N R: N ur Ho or. of r the
t pea s C0 Illr:l0 n we a 1 t 's
OUR A'ly oiJje tio.
M SOB J:CK: gu ss not, YO,lr Hon
HE C RT: p,11 igh I w 11 be admitted.
Lev} rry

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vid n as x btl" urnb e r ~_.)
S. o fu th f this
vJitnes
sh Ie ve?
S. Sh l re 2seo. She may
leave.
H COL:RT: Y u rn y le2v or stay. I 's
your eho ce.
HE WI l:E S: nK you.
~1S. D NNE ff cer ara:ek, Dease.
FA
c 1 ed Q a witn ss , ha ing been first
dUlY sw n, VI am ned and tes if ed
a lOWS
DI CT EXAf'lI N ION
BY MS. DO NE
Q. s our n me f r ce ur::, pIe e.
A. Steven Ba e k.
Q. d you are ernp oyed as an animal con rol
officer?
rtlr,g erv
rry
ee

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A. o •~ll
; ;
Q. An w yed 0 tlJay 4 t 0: t
year?
Yes.
Q. dene d you qo -:0 serv a
eare ar
w L the n ?rov denee
rive.
Q. lS t In ucest r Coun y
A. is.
Q. say th ?
es.
Q. Is th f the r side in eo

oday?

One 0 Sf yes, [V1s. La ra Crew

OFT: E' r c h p _pose 0
repo~t r, he entifi the fenda
B MS. DONNER.:
Q. U "'Ie t t ere - erve eare warrant
involvinq an ma s?y
A. Yes.
Q. you e plain to us w 0 wen w th Y to
serv the eareh
A. Yes. From the she :f's d partment, Paul
~ew DeBeI' y
rting Se ice

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animal cont
"','~.
o the prope9
A. When w
the gate. The 9
yards away from
r also h depa:ctrne

he ":;:...:dge VJh per: e d VJ e n y

go to the pr y, we OCilled
or the or about a ~und d
house, astra t drivevay. Wh
w got t:he:ce, "J ed tr-:at t:he 9 e was c~ained s ut
but the Daclock
d cided to call M
w were r-:ere a d
ed e:c on
1.1 know, s e
the gate or we a
p nt, she start
you can't trespas
just ::~ung L.p t
u :'0 tr-:e ho s
a d made sure he
vera dogs run
Q. Presum
A. Yes.
Ema ue e knock
l t sr-:e was ais
di patc~er on his
not locked. his point, we
rews and tell r, you know, t
n eded to talk w th _.er.
pr-:one and s answered. a k d
vou d come d wn n eitr-:er meet 1.1 t
me t r:er at :.he ouse.
y ling at me ov he phone that
n her property. nd at :.r-:at poin

p = said, "I guess we hay

II
So I took the h in off the ga

gs dic not 9 t ut. T~ere 1,-Jere

9 around the pro e ty.

ly her pe s')

walked up to t house. Oep1.1 y

the door an 0 d back. At t

9~
ta king, I do be eV , witr-: the
radio. lifter a coup e of minutes, he
Levis & DeBerry
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teld IT.e
o d b
a
NN It's et effered for the tr h
but w happened after th t.
,Judge, it s offered f h
r e r I was told whatever w s
d, we h Bu ~ don't think that h can y
wha t~~e dispatcher
m Y; e T 's ~ t
HE y h. Sustain the objec_ion.
BY MS. DONNER:
Q. o had a conversation with Sergeant
Erna d h n w. at appened?
H to 8e to take -
Ob-'ectien.
B MS. NNE
hQ. Okay. What did ycu de af er yo
e
A. k ce er behind some tr
Q. Ok y. And what did you see n x
ha point I didn't see
ar r,d h u ~or several Din es. o f j r Dye
:::"'ewis & OeBerry
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t e hou v to my left
side tually b 9 th 0[1 t d beh n some
r es. S ral m '1 c:es r I d see me mo e nt:
com~n from th -:ght hou as yo 're
fac n the II S e .. La re'vlS vlas com g ou
oV.,fards m s a el h I' han
Q. o y. ing ShO'd Y a p ograph
::: 'm hO>Jing e of 2Der .. r:as -JO
ph togra reS on The ~ograph on he left, can y u
eL... u what sr:.OVJn - no. 'm so I' On he I' gr.
if ou're lng a it, c . you us wr: t is r:
at pr:o ograph.
I phot:ogra h you w 11 see a shove
_ay ng on t grou Co. 's where Ms. Crews dr pped
he shove ..... when she pJ s old by Off ce Emanuele .
She w s vJ 21 k ng to'.IJa ci rne! so I >J 0 Q be Cl"g he as
sh "a s wa k ng t wards me lr: t pic u e
Q. d ~hat' e sh el tha sr:e ha n r:er
hand
71
Ye s, IS.r-1. •
tv1S. DOL(IS Comm nweal h' s 2, Yo I' Honor.
so CK: objec ion.
R!"T1
'::'HE C ,,1 : 1 rig
Lew :JeBerry
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n d C: II it Nc:rrb 2 .
a e ove -. n he han
it?
s ? e
spade nd of ,_ e sh ve was p in ai itJ as n
fron:: of r ike v,as tak n he wa wa k ng
s me usr ke lS vi th th useful e d a he
d.
Q. An you aid y u ere r'.:.l ng hind a tr
po t?
-~
h~rlh. W -'- , I a~ epp d ou and she sra d
walki 9 war s me, ::::Jen fied mys If a Stev
Baranek with Animal C roJ tha~~ I n d c ta k vit
h r. S e yel d S ra xp ive a:: m
~
Q. v]ha l she s b ed on yo~ me::r: r ?
he aid, If
ou 'ing are. vvha
the tel are ~ ding h re ou' e spass ng." Andj-v
as she kep com nc; owards me, e s arted ro r se he
s ovel. As e two arm distan es away
f om her, th shov s-:.a ed O!Tllng up ke sr:e was
going o h ~ me.
Q. What ppe n?
ew~s De rry
porti 9 Se_ e

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T
t e~o puty :iU
pic e y w 1 see -'e e ra her ge shy
rees. He can,e her and rabbe her und
bo of s a. r e cJ h to drop t e sh el .
Q. yOJ CD. id the
firs part 0 9 t mad
H W We the "'st P t 0 the o IT.ade.
had made at as a tap hav on r:ty
p son. IiJh e 1 9 to o hes sear h war ants or wh n
the e may be s e pr blem I go ar-:e d 2nd c.;rn it on.
n
'" . t's a 1 Ie t e r order n your po ket?
A. Y s. it i my p cket rigr-: ere.
Q. the s ~ p rt h2t you an I Ii tened
o th rcorning, s th 2n accur e copy of wh2t came
off the t 1 t2P hat y h2 ?
A. it a t al a curat copy.
MS. NER: I' ot go ng o play the whole
t:~ ng, our onor. I'm oing s 2rt a tr-:e part
,:Jhere hi test :-f10 y art r:e corn ng oc.; of t:-:
',ous with he s '/ e 1 ~
i'~R. SO RICK: Th sn't new? Th is v-J,:at
you had on the ape 11 al ?n
MS. NER: Yes, thi s what's on the CO
that yo borrowed. DC} aga~nf ~~'s ust udio.
Le Ber

Repo ing S rvj

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[If s RICK: [I10ni r
would ra ~er - a sten t ~e whole 2pe, f we
cou~d.
[v] DOt< o. J
T' going to play ~he
portion that s des lng t h vias ju ::: :::alk ng
abou So lS l :n 0 'vJ inu es in the
ncoun r. T e who e thi :cs an hour nd I don't
re y
, t
MR. o RICK: T don't va t to lSL.en to
tha but I w nt to ste;, up ::0 th time of e
enc U:lter.
M ONI'ER: vve 11 f can p t on wha:::ever
evidence e w n::s. I'm ::JU ing a a portion of t .
THE o ?T: it makes
more se:lse t lis :::0 once from he beg nning
sequentially. a l
, s reorese t ng 1'1 int nds to
p~ay up un th oin t at ou're going a play,
et's just 1 sten t t get it one w tho
MS. DONNER: Ok Th 's f ne.
And, ffic I'lJ just op it and ask you
auestio s when I ne to.
THE ~'V I TN::
tJIS. DONNER: r~ S berick, do y u want to
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o ce? That wou d be fi~e witt me.
MR. SOBER CK: Let's just play it. Yeah.
MS. DONNER: Okay.
(Audio playing.)
BY MS. DONNER:
Q. Who is it that you're talking to?
A. Paul Emanuele, Officer Emanuele.
(Audio playing.)
BY MS. DONNER:
Q. Now, why is it that you went ahead and went
ln instead 0 having her come to the gate?
A. Because Ms. Crews to this point was yelling
at me on the ph ne not to trespass, that you don't come
on my F'ing property and just rattling on. We had a
search warrant and I was just trying to be nic to say,
"Come down and meet us, " explain what we were go ng to
do I to go ahead and look at her animals and that's t,
but she was being very uncooperative over the one.
MR. SOBERICK: Do you want me to as him a
question now?
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tvlS. :JONNER: If you lrJant.
,
CROSS EXA~INATION
BY MR. SOBERICK:
Q. Why didn't you tell her you had a search
warrant?
A. I was just trying to be nice and say,
"Hi. How are you doing?" And I would give it to her
face to face. A search warrant needs to be issued to
somebody face to face. It needs to be handed to them.
Q. You said you wanted to look at her animals
and she said no. Why didn't you say you had a search
warrant?
A. I didn't think about saying I had a search
warrant.
Q. You're there to execute a search warrant and
you didn't think to tell her ou had a search warrant?
Wouldn't that be the first thing you should tell her?
A. Didn't go thro gh my mind. I know I needed
to talk to her face to face.
Q. You didn't need to talk to her. You needed
to search.
A. Well, I didn't tell her that I had a search
warrant, as you can hear on the tape recording.
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(Audio playing.)
REDIR CT EXAMI~AmION
BY MS. DONNER:
Q. Now, the last th ng we can hear is you say,
"Okay. Come on." What are you talking about?
A. I'm telling Officer Doyle, "Come on. Back
away." We were close by the front door. 'V'Je backed
away probably 20 yards or so to hide behind some bushes
and trees.
(Audio playing.)
BY MS. DONNER:
Q. At this point, can you tell us what's
happening?
A. Yes. I saw Ms. Crews coming from around the
right hand side of the building as you're facing the
building and she was starting to walk towards me and
she was yelling stuff: "Get off the property. What
are you F'ing doing here?"
Q. And did she have anyth ng in her hand at
this point?
A. Yes. She had the shovel in her hand and she
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1 l'tv,l as hold ~ ith vJO ha:1ds and, 0 course, t e spade
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en was up i~ th ir.
.j-'
Q. ]'I"nd you id "Paull! couple 0 ,-lITe s ?
]'I" . Yes. 0 ficer Ema. u Ie saw the movement ar.d
s arted ci~c ing around towards the front door and
around the front of the house as she was f xating on
me, and I started talking to her so I wo ld get her
atter.tior. and she would come toward me. Of course, at
this point, I did identify myselC and Off cer Emanuele
came around from be:-:ind her.
(Audio playing.)
BY MS. DONNER:
Q. Who is t:-:at telling her to put the shovel
down?
A. That's Officer Emar.uele. He has r.ow around
both arms and he's from behind her holdir.g her and the
shovel also.
(Audio playing.)
BY MS. DONNER:
Q. ltJ at =-s that? It's very fair.t. I'm not
sure if Your Honor could have heard her comment. Do
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you " 0 ;J W h a he had j sai to you?
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She was yelling a couple expletives to me.

MR. SOBERICK: I didn't hear those.

MS. DONNER: Wer you able t hear her

comment~?
MR. SO RICK: "ltJhat is p'?" I thoug t s~e
said.
MS. DONNER: Then she said, "If I had a gun,
I'd shoot you." Can you hear, Your onor?
THE COOR':::': I didn't h ar ttat, but I can
faintly hear her.
MS. DONNER: It is hard to pic up her
voice.
(Audio playing.)
RECROSS EXAMINATION
BY MR. SOBERICK:
Q. She's in handcuffs this whole time, right?
A. Yes, she is.
MR. SOBERICK: Are you going to play t e
whole thi!"'Jg?
MS. DONNER: (No response.)
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(lcdio playing.)
BY MR. SOBER:::CK:
Q. Did she fell w you in handcuffs?
No. Officer Enanuele was holding her in one
area and I was just kind of backing away trying to
remove myself from the situation waiting for the other
officers to arrive.
Q. Why did you eed other officers?
A. Officer Emanuele called other officers.
don't know why. At this point we were just kind of
diffusing the situation, just kind of backing avJay,
waiting unLil -- we were not going to go into the house
or investigate anything in the house or on the property
unless there was a sheriff's deputy with us. At this
point, Officer Emanuele was the only sheriff's deputy,
so we just stood there and waited until other personnel
cane.
Q. Sounds like you're walking on the tape.
What's that all about?
A. I'm just walking away from where this all
happened. It's only about maybe 20 feet or so where
the shovel in that picture was. One of our officers
did go down to go ahead and get ready to open the gate
as other officers were arriving so the dogs would not
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escape from the property be ause h property s
tot lly fenced n.
FURTHER REDIRECT EXAMINATION
BY MS. DONNER:
Q. So when you exec te a search warrant, you
have a member of the sheriff's department with you?
A. At all imes.

MS. DONNER: Okay.

(Audio playing.)
MR. SOBER I K: Is there any re that's
relevant to this charge? She's in handcuffs.
BY MS. DONN R:
Q. Did you have any more encounter with
Ms. Crews that would be on this tape?
A. No, no other encounter that would be
relevant. I don't talk to her too much more after this
point.
Q. Okay. So once, I take it, an ther sheriff's
deputy does get there, the what happens?
A. At that point they do escort her down
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t w ds ~he fence area. We J st sto d ght ,"",he e we
were at ntil they either tOOK her in custody, whatever
they did. Ar:d then at hat poir:t, Lieutena Haw ir:s
came p ar:d he assisted us from that po nt on with the
searchir: f the property.
Q. o ay. Throughout the se rch warrant, did
you have any contact with Ms. Crews?
A. Throughout from t e poir:t that
Q. Yah. e you're searching the h use, the
property
A. No.
Q. -- she was already w~th the sheriff's
deputies?
A. Yes. And had no oth r contact w th her
ur:til after I met her at the county jail to issue her
summonses.
MS. DONNER: Okay. Answer Mr. Soberick's
questions.
FURTHER RECROSS-EXAM NATION
BY MR. SOBERICK:
Q. So the first time that you've advised her
that you have a search warrant is after she's been put
in handcuffs and subdued by Sergear:t Emanu le?
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the
on
1 A. y
2 Q. And when y u're at he house knocking on
3 door, you don't y 11, "I have a search ItJarrant"? You
4 don't give any notice of a search warrant at that
point?
6 A. I was not knocking on the aoor. Of icer
7 Emanuele was knocking on the door. I was standing
8 back.
9 Q. Okay. Did you yell whi e he was knocking
the door?
II No, I d d not yell.
12 Q. Did he yell and advise that you a 1 had a
13 search warrant?
14 A. I do not believe he did.
Q. When she first talked to you in th morning,
16 she told you she was sleeping, didn't she?
17 A. She told me I got her out of bed, that she
18 was in bed.
19 Q. And you didn't advise her that you were
carrying a tape recorder, did you?
21 A. No, I did not.
22 Q. And is that your po icy, to carry tape
23 recorders around? s that the sheriff's office po cy?
24 A. n animal control = do that for two reasons:
One
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My ques ion was is t at the policy?
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A. Tha ,"-s. It's my po icy, yes, for our
3 department.
4 Q. It's your p licy? t's ot the department's
pol cy?
6 A. I do believe it s the department's policy.
7 Every officer is issued one of these tape recorders
8 through the county. The county has bought them. 'iiJ e
9 did not buy them with our own money.
Q. Before you called her and said you were up
11 there, had you had any other conversations with her
12 t'1at morning?
13 A. That morning, no.
14 Q. And she told you she didn't want you on the
property, didn't want you to trespass?
16 A. Over the phone, she did when I was at the
17 gate and ItJ a trying to talk to her.
18 Q. And I think we've estab ished even though
19 she said, "I don't want you on the property, I don't
want you to trespass," you said, "I need to talk to you
21 about your animals"?
22 A. Yes.
23 Q. And stil' didn' L say anything abo"ct the
24 search warrant?
A. No, I did not tell h r over the phone that I
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n you say a w en you saw er com ng
from behind the trees -- did you see her come out of
the house?
A. I d d not see her come out of the house.
saw her come around from ~he back right side 0 the
house as you're facing the hou e.
Q. Can you just rea quickly -- I don't want to
take too long. Can yo~ just draw a diagram of where
you and everybody was standing and where the house is
and where you pull up to, if you would?
A. Sure.
Q. So we can see where everybody was going.
A. This is not the proportion size. This is
the gate.
Q. Where is the house?

P•. The house is back here.

Q. Just put "house" there. That's f ne.
A. This is the long driveway. Here is
Providence Road right along he e.
Q. A right. Write "Providence" on there.
A. (Witness complies.)
Q. Where did yo~ init ally pull in?
A. We pulled in right in front of the gate.
There's enough room for cars to pull up to the gate.
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1 Q. And that's w'her y u made the phone ca
2 1:'" • Ye
3 Q. Se geant Ema e was with ou?
4 A. Ye , he was.
5 Q. And then you a 1 ended up op ning up the
6 gate and that's when there was a conversation of
7 whether it's e ectric or not with Sergeant Eman ele?
8 A. We opened up the gate. We made sure the
9 dogs did not escape from the property. We resecured
10 the gate and wa ked up to the house.
11 Q. Okay.
12 There are severa trees along the front of
13 the house and here is the front door. We walked up to
14 the front door. Sergeant Emanuele was standing at the
15 front door. He knocked. I was standing back over on
16 this side.
17 Q. Just put your initials there.
18 A. Okay.
19 Q. Put PE.
20 A. Officer Doyle, I do believe, was -- I can't
21 say exactly but I think he was over to my right-hand
22 side as we were facing the house. Shaun Doyle, SO.
23 that point when we decided to take cover or I decided
24 to take cover, I ran back around and hid right beh nd
25 this tree, which is inside the picture.
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Q. Where is Emanuele?
A. Emanue e ran back and hid by this tree.
Officer Doyle ran back nd hid over here.
Q. A 1 right. Then what happened?
A. So we took cover. It.Je waited. When we did
see movement, I saw her right about here as she started
approaching me in this direction.
Q. Down that driveway that's
A. Well, it's not a driveway. It's - it is.
MS. DONNER: Is it shown in the first
photograph, Commonwealth's 1?
BY MR. SOBERICK:
Q. Is this the treed area?
A. This is the treed area.
MS. DONNER: Look at the colored one. It's
a little easier.
TH WITNESS: Officer Emanuele was hiding
right behind this tree and he did move over to this
tree after a couple minutes. T e front door is over
here. I was h ding right over here and Officer
Doyle
i'1R. SOBERICK: You were hiding behind here?

THE WITNESS: This tree right here.

THE COURT: Where is the house in each of

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these photos?
THE W TNESS: he house is over here behind
this tree. The house is you can probab y see the
front of the door right here. This is the front door
area. As she started coming towards me, that's when I
identified myself. r.ere was, do believ , a vehicle
or something and there is also a d g pen right back in
here. So the first ime I saw her is not when sh
immediately came out from behind the house but maybe
several feet, ten feet or so, and started walking in my
direction immediately.
MR. SOBERICK:
Q. Okay. All right. And when you saw her, she
was -- where was the shovel?
A. She was holding the shovel like this with
the spade end up.
Q. Did she have a soda can in r.er hand?
A. No.
Q. Did you see a soda can In er pocket or in
her hand at any time at all?
A. Yes, she did hav some kind of soda can.
Q. Where was that?
A. That - I don't know where that was.
Q. Where did you see it?
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0someth ng. It was -- she had t somew e e none
her po kets but I did 't really pay attention to it.
Q. So then what happened? She's corning down
the road and you say the whole time you saw her, she
had this thing like this, Ii ke she was arrying a rifle
or someth ng?
A. Yes, Ii ke that.
Q. And the shovel end was with the spade end
vJas at the top?
A. At the top end, yes.
Q. All right. And then what h ppened?
A. identified myself. I told her who I was.
As she was walking towa ds me, she carne up like this
with her elbow and her arm actually moved up.
Q. How close was she to you?
A. She was as far as from me to you when it was
up here and she was walking about this pace.
Q. And what did y u do?
A. I start corning up with my hands like this
and I could see Officer Emanuele corning right around
behind her and he grabbed around her waist and around
her arms.
Q. So you raised your hands?
A. I raised my hands up in defe sive mode to go
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ah d and try to lock the ve or to head and
catch the shove As you c uld hear on the thing, I
was saying, "Ma' am, rna' am, rna' am," or whatever, saying
that, you know, there was a problem.
Q. And Emanuele waul ha e seen her raise t p
then, right?
t-l.
71
I would believe so, from behind.
Q. And when you first aw Emanuele coming
behind her, where was she? In this picture, where was
she?
A. In this picture, when I first saw her, she
was way back in here. When she got to about here,
that's when I saw him come out from behind this bush
and approach he rf r a :n behind.
Q. So the entire time you saw her, she had it
up and raised?
A. She had the shovel in her hand like this.
Q. The entire time?
A. The entire time as she was walking towards
me.
Q. All right. And then she got towards you and
it looked like she was raising t more?
A. Yes.
Q. So you just put your hands up in a defensive
posture?
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3
1 A. I robably t ok a ste back and got ead
2 and my hands caDe up about this far.
3 Q. You still did 't tell her you had a search
4 warrant?
A. At this point she's coming at me yelli g
6 expletives, holding a shovel, bei g aggressive towards
7 me. No, I wasn't thinking about telling her I had a
8 search warrant. I was thinking about protecting
9 myself.
Q. What awful right do you have to be on her
11 property if she thinks you're a trespasser? Why do you
12 think you have a right to be on her property if she
13 doesn't know you have a search warrant?
14 MS. DONNER: Objection, Your Honor. He's
asking the officer to argue the law.
16 THE COURT: Yeah, it's a egal question.
17 MR. SOBERICK: That's fine.
18
19 BY MR. SOBERICK:
Q. She asked you to eave and you didn't leave,
21 several tines; right?
22 A. That's right.
23 Q. And then when she raised th shovel, as u
24 say, that's when Emanuele grabbed her around the waist?
A. Yes.
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Q.
A.
her arms
A.
Q.
kind of
A.
Q.
A.
Q.
A.
Q.
pull the
,,,,,hen he
A.
Q.
A.
Q.
A.
Q.
A.
recal
ended up
Q.
Cid they fall to the ground?
No. She dropped the shovel and he wrestled
behind her back aGd did what he did.
She submitted to him or whatever?
At that point, yes.
So you're the only person that she made any
aggressive move towards?
Yes.
And you never saw a gun?
No, I did no
And you never heard any gunshots?
No, I did not.
And then on Emanuele subdued her, did he
shovel out of her hand or did she just drop it
said, I heard on the tape f "Drop the shovel"?
She just dropped the shovel.
She just dropped it?
Yes.
And then he pu her in handcuffs?
Yes.
Behind her back or in front of her back?
I don't reca 1 but I do believe -- I do no
I can't say a hundred percent. I know she
being handcuffed from behind her back.
Okay. And then from then on she's
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-'- handcuffed the whole time?
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A. Yes.
Q. When she's yel'ing at you and abusing you,
for ack 0 a better phrase, or yel i~g at you
A. Yes.
Q. - she's in han cuffs?
A. Yes.
Q. And Emanuele is next to her?
A. Yes.
Q. Does he have his hand up on r arm?
A. He's holding her and restraining her.
Q. The whole time. Okay. All right. Then
it's after that point that you say, "I'm here because
I've got a search warrant"?
A. Once -- no -- yeah, exact y. Whatever the
tape said is exactly what it is:
Q. After she's been handcuffed
A. Yes.
Q. and whatever and she's dropped the
shovel?
A. Yes.
Q. And you never saw her dragging the shovel
behind her?
A. No.
Q. And you were armed; is that right?
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A. Yes, I am.
Q. Do you ever draw your weapon?
A. No, I do not.
Q. Where was the other was it Officer Shaun?
A. Sh un Doyle.
Q. Shaun Doyle was off on your right?
A. Yes.
Q. So she didnlt know at any time at all that
you were executing a search warrant until after
MS. DONNER: Objection, Your Honor. He
doesn't know what she knows. He only knows what he
said.
BY MR. SOBERICK:
Q. Did you advise her at all prior to her being
arrested that you were executing a search warrant?
A. As the tape - you can hear - no, not unt
after she is handcuffed.
Q. And Emanuele never did either that you could
hear?
A. That I could hear. I did not hear him say
that.
Q. You were with him the whole time though?
A. Pretty much.
Q. Except when you all took cover?
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A. Yes.
Q. And Doyle never to~d her that you were

xecuting a search warrant?

A. No.
Q. And you've had other problems with Ms. Crews
in the past yourself?
A. Yes.
Q. You'v threatened to take her animals in the
past?
A. No.
Q. Never threatened to take a dog?
A. Never.
MR. SOBERICK: Thank you, Officer.
THE COURT: Any redirect - well, are we
going to go ahead and hear the substantive counts as
well?
[VIR. WILMOT: I t h ink so, if I ma y .
DIRECT EXAMINATION
BY MR. IrHLMOT:
Q. First of all, let me start with the county
Class 2 misdemeanor, the duties and authority of animal
control officers. I just want to make sure I know the
basis of that charge. Was the basis of that charge
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Ms. Crews coming at you with a shovel?
A. According to the aw
Q. Don't tell me what th law is.
A. Yes. She ca~e at me with a shovel. Also
she misled me and told me false infor~ation.
Q. Can you tell us what information she gave
you that you determined was fa se?
A. Well, she told me that she only had she
told all of us she on y had two ani als in the house
and there were two dogs.
Q. Is there any other information that you
later determined was false that she gave you?
A. Well, on the basis of my search warrant, I
knew that this was at least questionable because of the
information that was given to me for the search
varrant.
Q. But beyond her stating to you that she only
had two animals in the house, is ther any other
information she gave you that you later determined was
false?
A. I can't think of anything of hand.
Q. All right. So her co~ing at you with the
shovel?
A. Yes.
Q. And her statemen o you that there are only
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two anirrals in the house?
A. Yes.
Q. All ~ight. Now, yO"v. say you later
determined that he statement to you that the~e were
only two animals in the hous was false?
lo,. • '!es.
Q. Was that when you we~e executing the se rch
warrant?
lo,. • Yes.
Q. How many other animals we e the e in the
house?
A. Oh, there were at least three large lizards,
a rabbit in the house, a chinc illa, turtles. There
were birds. There was three cats. So there vas
obviously a lot more than just two dogs in the house.
LtlR. W LMOT: There were a series of
P otographs taken around the time the search warrant
was being executed. Anyway, they are numbered in pages
1 through 24. Mr. Soberick, do you "have copies of
those photographs?
MR. SOBERICK: I think I do. I do.

MR. WILMOT: May approach, Your Honor?

THE COURT: Yes.

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BY MR. WILMOT:
Q. Would you take a look at these photographs,
and were those photographs taken at the time the search
warrant was executed?
A. The first two were tak n yes, actually
they were all taken during the search warrant while
they were being executed. All of them were.
Q. All right. And d those photographs fairly
and accurately depict the sub ect of those photographs,
meaning it looked like that when the photographs were
taken?
A. Yes. Correct.
IVIR. WIU10T: Your Honor, I would like to
collectively offer those as County Exhibit 1. I think
that one 0= the top photographs has already been
introduced on behalf of the Commonwealth. We have all
1 through 24.
THE COURT: Any objection?

MR. SOBER CK: guess my objection lS the

comments above and below the photographs.
THE COURT: All right.
MR. WILMOT: And understand that objection
and I don't disagree. I'm merely offering the
photographs for the pictures.
MR. SOBERICK: You can put on blinders,
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Judge. Just look at the pictures.
THE COCRT: lUI right. I'll take my glasses
off.
MR. SOBERICK: Take your glasses off. There
you go.
(Whereupon, the photographs were received in
evidence collectively as County Exhibit N mber 1.)
BY MR. LiJILMOT:
Q. That's as far as the allegation f
interfering with the duties and authority of animal
control officers, the shovel and the statement. But
now let's go into the six duties of ownership charges.
A. Yes.
Q. When you were outside - we'll do it by
photograph. Photograph 3. So we'll start with the
dogs.
MS. DONNER: I'll give the officer my copy
to look at so that you can
MR. LiJ LMOT: Thank you, Monique.
BY MR. WILMOT:
Q. One of the charges alleges failure to
perform duties of ownership with reference to the dogs.
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Yes.
Q. Let's start with p otograph 3 and let's talk
about the dogs. W at is it about the condition of the
treatment of the dogs that led to that c~arge?
A. Okay. The dog pen had numerous piles of
feces in it. There was also trash in it. There was no
water for the dogs to drink that was drinkable. It was
either bug-ridden or ~ad numerous leaves in it. It was
undrinkable. In this photo they were given water by
our office~s and, as you see, the dogs were all
drinking it up a lot.
Q. Did they immediately go to drinking the
water?
A. Yes, they did. And these are the dogs that
are inside the pen that - if you're facing the house,
',-1
it's on the right-hand Sl",e. Behind the house, there's
pens back there.
Q. Photograph 3 and page 4, are they the same
pen?
A. Yes, they are the same pen. Yes, they are.
Q. What about page 5?
A. Page 5, that is also the same pen. There is
a dog that was chained up outside, the tan dog on page
5 on the left. That dog could not access any clean
water because there wasn't any water for him to drink.
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he pa e on the r ght-hand SJ. e the bucket
now does have water after we gave it so~e water.
Q. Is that the ext nt of the factua
information which led to t e charge of duties of
ownership with reference to the do s?
A. Yes, lack of water -- or no water or no
potable drin ing water. That's duties of ownership
violation.
Q. Let's move on to number 6, the rabbit.
A. he rabbit in the cage, that rabbit was in a
cage underneath the cage that had a chinchilla in it,
which was also later photographed. The feces ihat was
inside this cage was numerous. It was spilling out
onto the floor. It appeared to me that it had bugs
inside the feces. Also the problem inside the whole
basement area where this a~imal was found was there was
about half an inch to al~ost an inch of water in
several parts of the basement and there was also animal
feces inside the water making it very severe
respiratory problems for the animals. It was very
pungent with the smell of mold and also rotting feces.
Q. A~d how many - was it one rabbit and one
chinchilla?
A. Yes, one rabbit a~d one chinchilla inside
the basement area.
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Q. And that's page 6. Move on to page· 7.
There are rabbits and guine pigs. Can you explain
what you fund in reference to them?
A. Rabbits and guinea pigs are kept in the
shed. The property is rather large. The section of
sheds are all in a row. They are located back behind
the large barn that's on the property. As you can see,
there's several rabbits, three rabbits and several
guinea pigs. The feces on the floor was packed down at
least six inches in some sections. There was no water,
you know, that was drinkable. The water that is
depicted inside the bowls, as you can see, is black.
It had feces and rotting food inside of it, which is
not good or indicative to any kind of animal to drink.
Q. And is this also the condition which is
depicted on page 8?
A. Yes, on page 8 is the same thing, just a few
more pictures of the rabbits and the guinea pigs. In
this area it's severely dirty.
Q. lUI right. Move on to the lizard on page 9
and describe what you saw with reference to the lizard.
A. This is a monitor lizard. The lizard had no
for l~ to drink. It had a light on top ofwater at all 'j
it to try to keep it warm. They tend to want to have
warmer some have heat lamps. The material on the
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bottom was ill ifferent stages of decomposition f
animal feces. It was just not a very ood place for
any anima to stay because of the lack of cleanliness
for this anima As you can see on the sides of the
wall, it's very irty --lith - it could be feces. It
could be dirt. Whatever it is, it was not good for the
animal.
Q. All right. Page 10, the green iguana?
A. This is another iguana. It was Kept in a
cage. Again, had no water, numerous feces on the
bottom, very dirty cage.
Q. All right. Page 11, is that the same green
iguana?
A. No. This is a different green -- two green
iguanas and one monitor lizard. This green iguana was
inside what would be called a chest freezer with the
top removed and it had a screen on top of it. Like
said, this iguana was in with a bunch of turtles. It
had box turtles and there were some water turtles also
inside this freezer. Again, numerous amounts of feces
on the sides of the wall. You could see it's spread
allover the sides. There was no clean water for the
animals.
Q. All right. Page 12.
A. 12 is that same freezer, pictures of some of
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the ~urtles. On ~he right-hand side ther was some
kind of container that had a rock in i~ and some of the
turtles. The container had this muddy, mucky, nasty
water. That was the only water that we found inside
this whole thing for these animals.
Q. All right. So that describes the conditions
relative to the reptiles, correct?
A. Yes.
Q. And we've already done the dogs and the
rabbits?
A. Yes.
Q. So let's move on to charge 4, which is the
horses, which starts conveniently on page 13.
A. These two horses are in the large barn
that's on the property. There was actually no water
for them to drink. When we did give them water, once
again, they went right up to it and immediately started
drinking the water.
Q. That's on page 14, right?
A. Yes.
Q. And 15?
A. On page 14 1S where 13 horses were at.
There was no water at all for the horses to drin for
that amount of horses and a place for no water to drin~
is not once again very good for them. On page 15 it
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shows the empty bathtub, which that's wh t they use for
watering the horses. And then f curse we actually
. , ,
f l -L' _' up the bathtub for the h rses to drink water and
they all did.
Q. So there was no source of water at all for
any of these horses?
A. We could not find any water to use to give
these animals also. All the spigots that we found
appeared o not be used for several months or a long
period of time. It was asked of me how did we water
the horses and I told Ms. Crews ~hat we had gotten the
fire department out there with a fire truck with some
potable water to give the animals. I told that to
Mr. Crews also.
Q. So you still don't know where they would
have gotten water to water
A. There was a problem, I do believe, and this
is only what I saw. Because of the flood in the
basement that appeared to be there for quite some time,
maybe there was a water problem at the house and that's
why none of the spigots worked. I don't know.
Q. Then page 16 depicts the hors€s drinking the
water. I guess it disproves the maxim, that you can
lead a horse to water and make it drink. They actually
were drinking?
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1 Yes. Th t's before and after shot of the
2 same barrel.
3 Q. All right. I that the extent of Lhe
4 physical condition of Lhe property with reference to
5 the charge which led to failure to perform duties of
6 ownership to the horses?
7 A. Yes.
8 Q. Then let's move on to birds, which start on
9 page 17. Can you please describe the physical
10 condition of the cages and the water source for the
11 birds.
12 A. When we first walked into the back door of
13 the house, this is a living-type room I guess where
14 these three birds were being kept in cages. Again,
15 there was feces on the walls, you can see in the
16 pictures, allover the floor, in the caging, in the
17 food. On one picture on page 17 and you can see it on
"1.8 18, the green bird, there looks to be a big pile of
19 green something on the bottom. That is actually a pile
20 of feces that is at least somewhere between four to
21 six inches tall inside the caging.
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Q. All right. Page 18?
A. Same thing. A green bird and there's this
other bird that was over by the fireplace. The feces
again for this bird were allover the floor. They were
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stacked up inside the cagi_ g. This is not hea thy or
any animal to be living in this amount f feces.
Q. All right. Then we go to 19 and 20. Are
these different rabbits and guinea pigs?
A. mhese are guinea pigs and rabbits also that
go along with that, with the r dents -- with rabbits.
Q. Right. These are additional animals? They
are not the same animals that were depicted in previous
photog aphs?
A. Exactly.
Q. What was wrong with their surroundings?
A. Again, you could see the bowls. v-Jha t wa s
offered to them to drink is blackish brownish
food ridden, feces ridden water. ~t's not healthy for
the animals. It constitutes a lack of care for the
animals, on page 19 and 20.
Q. All right. hen 21 is mice and a
chinchilla?
A. Yes. In the basement right below where
these tanks are being kept is where there was water all
over the floor and there was also a cage there that had
all sorts of what you call bedding, and inside the
bedding was a lot of feces. And once again the water
was flowing through there. These mice, the feces in
there, was abundant. They did have water. And with
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the chinchilla, there was not really any ma 4 0r problem.
I just put that in there th t that's what was also
inside the basement was a chinchilla. It did have
food. It was fairly clean. It did have a clean house
basically for them to dust themselves off. They looKed
fairly clean.
Q. All right. Page 22, the rats?
A. Yes, the rats. There w re five-plus rats we
could see in this page on 22. It was hard to see them
because of the a~ount of debris that was all inside the
chicKen wire. At first we thought there were one or
two rats. As we started looking closer, we did see up
to five rats in this caging. Again, as you can see on
the floor, there's food that is rotting on the floor.
It's on the chicken wire. There's feces everywhere
and just all around unclean.
Q. And it also holds true for page 23?
A. Yes, 23, same thing.
Q. And 24?
This is another section where there are
other animals which were the mice on page 24. Again,
throug:'1out all this, in these sheds the smell is
overwhelming and my concern also is not just for the
cleanliness but for any kind of respiratory problems
that these animals ~ight have down the line.
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Q. Now, these latt r photo raphs, they are what
you call the domestic rodents; is that corr ct?
A. Yes.
Q. That's what led to the charges to failure to
perform duties of ownership with reference to domestic
rodents?
A. Rodents and mice and also the guinea pigs.
I put them into the class of rodents. Those are all
sold inside pet stores as domestic rodents or animals.
Q. Did you have an occasion to talk to
Ms. Crews about this condition of the animals, the
surroundings?
A. No, I did not. When I gave her the
summonses, I told her what each one was for. I did not
talk in length about what the problems were. I did
talk to her husband at a later date and gave him a list
of items of why she was charged for these.
Q. Now, I believe earlier you indicated that
you had told Ms. Crews you were not there to take the
an mals and it was not your desire to take the
animals?
A. Exactly. Yes.
Q. Did you take the animals?
A. We took one animal under the authority or
the advice -- we were told by the game wardens - there
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irJas a squi re that was ei~g kept inside a cag in the
basement. We talked to ieute ~a t awkins, who talked
to deputies who talked to [vJs. Crews, and we were told
by ieutenant Hawkins that she had found the squirrel
on the property. And we told that to the game warden
and they said, "That's fine. It's wildlife. She
doesn't have a license to have wildlife. What you need
to do is take that animal out and release it," and
that's what we did.
Q. Now, have you had an occasion to go back and
check on the condition of the animals since the
execution of the search warrant?
A. No, I have not.
Q. So we don't know what the state is now?
A. No, we don't.
MR. ItVIUv10T: I don't have any other
questions, Your Honor.
MS. DONNER: I would like the officer
forgot to do this. I would like to offer the DVD that
we watched as Commonwealth Exhibit 3.
(Whereupon, the DVD was received in

evidence as Commonwealth's Exhibit Number 3.)

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MR. WI t'10T: Than~ you, Your Honor. That's
all the questi ns I have f Office~ Baranek with
reference to the county charges.
THE COuRT: 111 right. Mr. Soberick.
CROSS-EXAMINAT ON
BY MR. SOBERICK:
Q. You say that you too out the charge against
her for lying to you because she said there were two
dogs In the house?
A. Yes.
Q. How many dogs did you find in the house?
A. She told me there were two dogs in the house
and that is it.
Q. Did you ask her that question?
A. That's what she stated to us. I didn't ask.
It was during when we were waiting for the other
officers to come.
Q. She said, "There's two dogs in the house"?
A. "And that is it," is what she said.
Q. She said, "That's it"?
A. "And that's it."
Q. Okay. Is that on the tape?
A. It's on the tape, yes.
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Q. And you don't recall how that came about?
A. No, I don't remember exactly how that ane
out. I don't believe I asked her how many animals have
you had in the house. I think it just came out because
we were talking about the condition of the animals.
Q. Didn't yOJ say that yo were going up to the
house to check on the animals a:r-;d she said, "There are
two dogs in the house"?
A. She said, "There are tvJO dogs in the house
and that's it."
Q. And she said, "And that's it"?
A. "And that's it."
Q. Okay. And that wasn't in response to a
question that you gave her?
I don't believe so, no.
Q. Okay. And so you consider that -- was she
Mirandized when she was arrested?
IL No, but I don't arrest people.
Q. Sergeant Emanuele did?
A. I don't knovJ.
Q. You don't know?
A. I don't know if he arrested her.
Q. What do you call putting handcuffs on
somebody?
A. Detaining someone.
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Q. Detain ng someo e. nd they took her down
to the pol ce station. You kne.-} thac:.?
A. I don't know xactly at th t time where the
took her.
Q. Y u're telling me that you didn't know that
she was arrested? Really? That's what you're telling
this Court?
MR. WILMOT: I don't know what the relevance
is, Your Hono
MR. SOSERICK: She made a statement after
she's been arrested. She's under oac:.h and she had to
have Miranda.
MR. WILMOT: He didn't question her, Your
Eonor.
THE COURT: Sut I think that would be a
legal question as to whether she's -- you can ask
whether he told her she was under arrest or what she
was told.
BY MR. SOSERICK:
Q. So she told you that there were two dogs in
the house and you found all these other animals in the
basement, so you thought she was lying to you?
A. Yes.
Q. So because of that, she's now charged with a
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Class 2 'Tlisdemeanor?
A. That's one of the reasons. The othe reason
is because she came at me with a shovel.
Q. Okay. But that's the same reason that
Sergeant Emanuele charged her, wasn't it?
A. I don't know what he's charging her with
before and I can't state the reason why. I know what
I'm charging her underneath county code for animal
control la 1Ns.
Q. And just so I'm clear, for any person to
make a false statement while in the performance of
their duties conducting an investigation, that's what
you're going after because she said there's two animals
in the house?
A. That's one of the reasons why, yes.
Q. And what's the other reason?
A. The other reason is because she attempted to
strike me with a shovel. That's in section (f) of 3-3.
Q. All right. Now, principally the animals
were lacking in water? Is that the principal one that
was common to all the animals?
A. That and the fact that the condi~ions - a
lot of, almost all the anircals, except for the horses,
that were living in their feces.
Q. Any of the animals appear to be - any of
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t e animals need any ve e ina y ca e tha YO'J saw?
No, hey didn't.
Q. A 1 .cigh"'.:... And so the fact that they didn't
have water, by itself, wouldn't have constituted a
violation?
A. Yes, it would.
Q. It wou d?
A. Inside the law it states that anyone of
those items that are the duties of ownership wou d
constitute a violation of the law.
Q. SO if I left a pot of water for my dog this
morning, he drinks the water all day today and you get
home before I do, the water bowl is empty, I've
committed a misdemeanor?
A. Okay. I understand what you're saying.
Q. Yeah.
A. But you've got to understand with this
amount 0 animals with no drinkable water and no source
after we find the fact that none of the sources of the
water we had, we had to call in fire trucks, there's a
problem.
Q. Did you ever ask her where the source of
water was?
A. No, I did not.
Q. Isn't it true that you all didn't know how
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to turn the water on and that's why there wasn't a
source of water?
A. We tried to turn on the water sources that
we could find and none of them worked.
Q. And as far as the inadequate water, just so
we're clear, doesn't it have to result in some
malnutrition or some dehydration of the animal?
A. No, it does not.
MR. WILMOT: Ob ect. It's a legal
conclusion.
THS COURT: Sustained.
MR. SOBERICK: All right.
BY MR. SOBERICK:
Q. Have you read the ordinance?
A. Yes.
Q. Who is Cindy?
A. Cindy?
Q. You kept mentioning, "I called Cindy to
patch me through."
A. Oh. That is whoever the dispatcher is at
the time because when I was calling from my cell phone,
I do not like to call directly from my cell phone so if
somebody has caller 10, they can get my cell phone
number. I call the sheriff's dispatcher. They patch
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1 me through.
Q. So who is Cindy?
3 A. That's whoever was the ~ispatcher at - one
4 of the dispatchers at the time. She works at the
sheriff's 911 dispatchers. When 1 called Ms. Crews, 1
6 called the sheriff's dispatch nonemergency number,
7 which is 693-3890. At that point, Cindy, who was one
8 of the dispatchers, answered. 1 asked her if she can
9 patch me through to Ms. Crews' phone number. This way
my cell phone would not show up on her caller 1D.
11 That's a common practice in our department.
12 Q. And you will agree that on several of the
13 animals, they had dirt floors or floors that were dirt?
14 A. Well, the only dirt floors that we found
were probably for the horses and the dogs. The rest of
16 the floors that were inside the shedding area, if we're
17 talking about the shedding, were not dirt. They were
18 decomposing feces and food.
19 Q. Okay. And there was feces inside the rabbit
cage. Did you ever advise her about these conditions
21 and give her a chance to clear them up?
22 A. At that point, the sheriff's department had
23 custody of her and 1 could not tell her anything. 1
24 didn't know she had these animals in her custody until
at this day.
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Q. kay. now, y question w did yo ever
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A. I advised her husband. I gave her a copy
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A. No.

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advise the husband?

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exactly when unless I look back in sam records, but I

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did meet Mr. Crews and some other gentleman at the

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sheriff's department inside the parking lot. At that

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time I shortly explained some of the problems that we

found at the house and gave him a detailed list of each

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type of animal and what problems I found. I do have a

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copy of that w th me if you would like to see that.

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Q. Just briefly, the duties of ownership for

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the dog is that they had a dirty pen with some feces in
it?

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A. Yes.

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Q. And there was no water?

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A. Yes.

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Q. Anything else?
A. There were other violations I did not charge
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her with and thos€ violations
As far as duty of ownership?
A. No. That's it.
Q. And the rabbits were the feces?
A. Feces and lack of clean water.
Q. Reptiles was the monitor lizard?
A. Was the clean iness and the feces and also
lack of water.
Q. Okay. And the light, was the light a
problem?
A. No.
Q. And the horses was?
A. Lack of ,;ater.
Q. Just the water?
A. Yes.
Q. And the birds, what were the birds?
A. The birds, cleanliness, amount of feces in
the cage.
Q. And water?
A. They had water. It was borderline.
Q. And domestic rodents, that was the -
A. That's the mice and the guinea pigs. Again,
lack of clean water and the amount of feces.
Q. All right. And you say there was water in
the basement of the house?
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A. Yes.
uo you know how long the water had been
there?
A. I could not say. I can only speculate and
it's because of the smell of mold and what we saw.
Q. All right. And you don't know how the water
got there?
A. No.
Q. Did you ask Ms. Crews how it got there?
A. No.
Q. Did you ever talk to Mr. Crews about it?
A. It was mentioned about the water situation
and how we got the water from the fire department and
watered them, it was something was wrong with the pump.
Q. Septic pump, sump pump?
A. 'l'he sump pump ma e. Whatever pump it was,
there was something wrong with the pump and that's why
there was water down there.
Q. Okay. And that's what you learned from
Mr. Crews?
A. I did, yes.
MR. SOBERICK: Thank you. Nothing further.
THE COURT: Any redirect?
MS. DONNER: No, Your Honor.
MR. WILMOT: Just one or two, if I may, Your
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Honer.
THE COURT: Go ahead.
REDIRECT SXAMINAT ON
BY MR. WILMOT:
Q. Coming at you with a shovel and the
perceived false statement which led to ~he C ass 2
misdemeanor county charge, did she say, "I only have
two dogs in the house" or -- can you try to remember
exact y what she said?
MR. SOBER CK: Isn't it on the tape?
THE WITNESS: She said, "There are only two
dogs in the house. That's it."
BY MR. WI Lrv10T :
Q. And there were only two dogs in Lhe house?
A. There were more than two dogs.
MR. WILMOT: No other questions.
T E COURT: All right. Do you want this
witness to remain?
MS. DONNE If he'll remain outside, Your
Honor.
THE COURT: All right. Step out in the
hallway. Don't discuss your ~estimony.
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MS. CONNER: Sergea~t Emanue:e.
PAUL EMANUELE,
ca led as a wit~ess, havi~g been first
d 'y sworn, was examined and testified
a follows:
DIRECT EXAMINATION
BY MS. DONNER:
Q. You are Sergeant Paul Emanuele of the
Gloucester Sheriff's Department?
A. Yes, ma'am.
Q. And on May 4th, were you assisting anima:
control in executing a search warrant at Ms. Crews'
residence?
A. Yes, I was.
Q. And we've listened to the tapes, so I'm
going to ask you to kind of skip forward to -- when did
you first see Ms. Crews?
A. I first saw Ms. Crews after she exited
she carne from around the back of the house.
Q. Okay. Where were you? Let's start there.
A. If you're looking at the front of Ms. Crews'
house, I was on like the left front corner watching as
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far over to the left side of the house and the front
, ,~r
rJ
'-'...1...,,-,,<,,::
,.-.,. ~ '"
V.L LLt:: 11 U use as could.
Q. All right. And what did you see?
A. Saw Ms. Crews coming from around the right
side of the reside,lce coming towards a:1imal control.
Officer Baranek and Doyle was on that side of the
residence. I saw Ms. Crews coming from the side of the
house walking towards them with a shovel in her hand.
Q. Okay. now was she carrying the shove ?
Could you see?
A. When she was walking up there, she had the
shovel in her hand dragging it beside her as she was
walking up to them from the back of the yard.
Q. And did she ever change position of the
shovel?
A. Yes. Whe she got in front of Baranek, she
repositioned the shovel into her hand like -- from my
viewpoint, it looked like she was - I thought that she
was going to strike or attempt to strike him with it.
Q. Was she holding it so that the metal part
was up by her head?
A. I'm not sure if the metal part was up or if
it was dov.lTI. I don't recall that.
Q. Okay. And where was she heading with the
shovel?
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A. he had already approa hed Baranek a
in front ot him, standi g in fro t of him, when she
repositioned the sh vel, and that's w en I came around
and took the shovel from her.
Q. How lose had she gotten to Officer Baranek?
A. I would say she was probably between three
and five foot maybe.
Q. What did you do at that point?
A. I came up from behind Ms. Crews and disarmed
her from the shovel or just disarmed the shovel from
her, I would say.
Q. Okay. And how did you get the shovel out of
her hand?
A. I grabbed her by h r right wrist and once I
grabbed her right wrist and she turned around and saw
who it was, she kind of let go of the shovel and she
was pretty compliant towards me from that point on.
Q. Okay. And was she saying anything at this
point?
A. She was making all kinds of comments to
Baranek, threats and -
Q. Can you remember - repeat what she said,
you remember.
A. I do not recall what she said.

MR. SOBERICK: Judge

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I kn w she said a~l k nds of
stutt. I don't remember what it is because I didn't
rea ly put it in my
BY MS. DONNER:
Q. And were yeu saying anything to her at this
point?
A. I believe I asked her what she was planning
on doing with the shovel or something like that and why
she wouldn't come out. Nothing in particular that
sticks out in my mind.
Q. Okay. And did you place her in handcuffs?
A. Yes, did.
MS. DONNER: Nothing further. Do you have
any questions?
MR. WILMOT: No questions.
MS. DONNER: Answer Mr. Soberick's
questions.
THE COURT: I'1r. Soberick.
CROSS-EXAMINATION
BY MR. SOBERICK:
Q. Did she ever approach you with the shove?
A. No.
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1 Q. She ne er even saw you, to y ur know edge

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A. I don't know if he saw me or not.

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Q. It certainly didn't appear that she saw you
4 co~ing up from behind her?
A. No, it didn't appear that way. No, it

6
didn't.
7 Q. Who knocked on the door when you all went to
8 try to
9 A. I did.
Q. Did you tell them you had a search warra~t?
11 A. I identified myself as the sheriff's office,
12 that we were there with animal control.
13 Q. My question was did yo~ say you were there
14 to execute a search warrant?
A. She never would come to the door.
16 Q. You didn't yell through the door?
17 A. No. Officer Baranek had contacted her by
18 phone while we were at the gate, so she knew we were

9
there.
Q. I understand.
21 A. Because he tried to explain to her
22 Q. You never heard him tell her that he had a
23 search warrant, did you?
24 A. Not on the phone. I believe he said he had
some paperwork that needed to get taken care of.
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Q. o mayb he JUs~ sid, "I wa to look a
your animals."
A. I really don't know word for word.
Q. And you were the only law enf rcement
officer on the scene?
A. Yes.
Q. Until you contained Ms. Crews?
A. Yes.
Q. When you got the shovel and she put it down
immediately and basically submitted to you?
A. Yeah -- well, at first she said a few words
to me and I don't recall exactly because she said
Q. But she didn't resist or struggle with you
at all?
A. I was the one that stopped her or something
the week before and I VJa s like the rest of them.
Q. She didn't resist or struggle?
A. No, sir.
Q. And when you had her hand - when you laid
your hand on her, she immediately dropped the shovel?
A. Yes.
Q. Did you see whether Officer Baranek had to
take any defensive maneuvers when she put the shovel
from behind her to the front of her?
A. I think he just kind of repositioned, what I
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call bladed. You know, we call it interview stance or
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towards her a little bit when she came up with the

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shovel.
Q. Did she ever swing it at him?

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A. No.

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Q. Did she ever offer to swing it at him?

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A. No.

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Q. She just held it in front of her?
A. In an aggressive manner.
11 Q. Was her teeth gritted? Was that what made
12 it aggressive?
13 A. Under the circumstances, when you approach
14 an officer with a shovel in hand, there was no reason
to have the shovel -- in my opinion, there was no
16 reason for her to come out to greet any of us out there
17 with a shovel in her hand.
18 Q. Up to this point, to your knowledge, she
19 doesn't know you have a search warrant, does she?
A. She knows who we are.
21 MS. DONNER: Objection, Your Honor. He
22 can't be expected to know what she knows.
23 MR. SOBERICK: To the best of his knowledge.
24 THE COURT: He can testify as to whether
he's aware if anyone communicated up until that point
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agree, he an't -- she may kn w from some other source.
BY MR. SOBERICK:
Q. You never heard an one communicate up to
that po nt that there was a s arch warrant?
A. I believe he told her on the phone he had
some paperwork that they need d to take care of.
Q. Are you sure or are you just guessing?
A. I'm not a hundred percent positive of it,
but he indicated to her that there was some things that
needed to be taken care of, that she needed to put her
dogs up because she had dogs loose out in the yard and
he was he wasn't sure if the dogs were aggressive or
not.
Q. You know he had a tape recorder? Did you
know he was taping the conversation?
A. No.
Q. So what you're telling me is either verified
or not verified by the tape recorder he had in his
pocket?
MS. DONNER: Objection, Your Honor. He
doesn't know what's on the tape.
THE WITNESS: I don't understand the
question.
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1 M DONNER: e can't b exoected to know
:2 ny of that.
3
4 BY MR. SCBERICK:
5 Q. Did you k ow he was taping the conversatio
6 that everybody had that day?
7 T!-:E COURT: You can ask that question.
8 T!-:E ~,]ITNESS: t~ 0, I d i dn ' t .
9 MR. SOBERICK: Okay. All right. Thanks a
10 lot. Nothing further.
11 MS. DONNER: Nothing further for Sergeant
12 Emanuele. He's released.
13 MR. SOBERICK: Let me just ask one question.
14
15 BY MR. SOBERICK:
16 Q. Did she have a can in her hand when she was
1 walking down the road?
18 A. I don't recall seeing a can. ::: remember she
19 had - I believe it was a Mountain Dew bottle in one of
20 her pockets.
21 Q. Okay.
22 A. Because I believe I got it out of her pocket
23 after.
24 Q. And she first had the shovel behind her like
25 this dragging it?
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A. Yes.
Q. And she gets o tnis ciis-cance L':Ulll 3dLd[!e~,
perhaps, and then puts it in front of her?
A. Yes.
Q. And that's when you immediately grabbed her?
A. Yes. I took t that it was an aggressive
posture towards Officer Baranek.
MR. SOBERICK: That's all. Thank you,
Sergeant. Nothing further.
THE COURT: Free to go'?
MS. DONNER: Yes.
THE COURT: You're free to leave.
MS. DONNER: No further evidence for the
Commonwealth on the obstruction charges.
MR. WILMOT: The county rests its case in
chief.
rJiR. SOBERICK: Judge, I'm going to move to
strike. As to the obstruction of a law enforcement
officer, I don't know what we have as to the
obstruction of a law enforcement officer. She never
even knew - there's two. One is obstruction of a law
enforcement officer. The other one is obstruction of
an animal control officer, and I would submit to the
Court that there's no threats or force against a law
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enforcement officer. I think arg ably they've made a
case agal st the animal contro officer, but as to the
aw enforcemen~ officer, I don't see any evidence of
threats or force against him.
Judge, as ~o the county cases, one of the
or the principal complai t here is that there was no
water for all of the animals, and I think the horses
particularly there was no water. I think the dogs had
some feces in the cage b t ~here wasn't water. This is
an isolated time at nine o'clock in the morning when
they show up. And the county ordinance dealing with
or the state code dealing wi~h the definition of
adequate water, Judge, lS under section 3.2-6500. And
in that definition of "adequate water" it says tha~ you
have to give water at appropriate intervals to maintain
normal hydration for age, species, condition, size and
type of each animal. So we don't have any evidence
what I'm arguing is that just the mere fact that at a
certain time in history when the officers go there and
there's no water doesn't constitu~e a violation. The
violation has to be inadequate water so that over time
the animal's health is affected, and that's what the
definition of "inadequate water" is, not that there is
no water at the time they show up, and that's the only
complain~ that they have. That is the complaint
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invo 'ling a1 of the charges, but it's the 0 ly one
i. vulvLll(j '[he horses. The rest of them says that
there's feces around and I don't know that that by
itself suggests that she's not providing adequate care
to these animals. We don't know how long the feces had
been there, whether or not it was just a daily thing or
how long the feces had bee there. I could see if they
had come three weeks earlier and there was this
situation and three weeks later and they checked it,
but just to show up one da , Judge, when, as I think
the code requires, there has to be some showing of
l act on the health of the animal and in this case
there's no a showing as to the impact on any of the
animals. In fact, the officer said that all of the
animals were fine. The only one they let go was a
squirrel because it was a wild animal.
So I would submit as to the duties of
ownership, they haven't met their burden because they
haven't shown an impact on the health of the animals.
And as to the obstruction on Sergeant Emanuele, there
is no evidence of force r threat. And I would say
that the charge involving the county and obstruction
under the state charge are duplicate of the same
offense and I would submit that if there is an
obstruction, it doesn't - it's not two violations.
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And s mply saying the-e's only two d gs in the house
':! he:; t t ere's U 1 y t. W 0 Q 0 g sin the h c use s h 0 u 1 d n 't. b ej j
considered part of the obstruct on. So the question
is, Can you have the same ffenses violate a state and
local ordinance?
THE COURT: Who wants to go first?
MR. WILMOT: I'll start at the end. Basic
hornbook law that two different sovereigns constitute
two different ruling bodies and each can prescribe
within their realm of authority criminal offenses, and
there's a state obstruction of justice charge here and
there's a county interfering with the duties and
authority of animal control officers. They may both
emanate from the same thing, but there are two
different sovereigns and it is a violation of the
county code to "interfere with an animal control
officer in the legal performance of his or her duties.
This includes, but is not limited to, striking or
attempting to strike the animal control officer," which
is what happened; "providing the animal control officer
with false information," which is what happened. Yes,
this was a snapshot in time, but it's simply not a
required element of duties of ownership that there be
negative physical manifestations of mistreatment. It's
not an element of the offense. Defense counsel would
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1 have he Court be ieve that no w e can somehow be
3 one horse that in a snapshot in ime didn' have any
4 water in its bucket, maybe. Maybe. t'-;:aybe the
5 defendant, maybe the owner waters the horse in the
6 morning or the dog in the morning and the water was
7 gone, but we have all of these animals displ ying
8 similar surroundings and environments, having either no
9 water or water that's not potable. And yes, although
10 it's a snapshot in tiree, the Court can't be led to
11 believe that those living conditions were pristine a
12 day ago. We had six inches of packed fecal reaterial in
13 the cages. No animal can do that within a span of 24
14 or 48 or 72 hours, Your Honor. So it's not just one
15 animal. It's not just one empty bucket of water. It's
16 the mold, the fecal material. It's the lack of any
17 water at all or potable water. The water doesn't get
18 that dirty and full of fecal material overnight, Your
19 Honor. It's deplorable conditions, and as I indicated
20 before, it's s ly not an element of the county's
21 offense that there be a negative physical manifestation
22 of the mistreatment. It's ack of adequate water.
23 It's lack of adequate shelter. We don't have to wait
24 until the animal dies to charge a violation, so we
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T COURT: All rig t. We certainly at
this stage t's a prima facie case that there was no
adequate wate , among other elements for the other
animals. But as to the horses, there was no water and
no source of water. So I think that alone, that the
county made out a prima facie case as to the horses.
As to the multip e offenses, I think
Mr. Wilmot is correct, they're separate sovereigns, so
I overrule those motions to strike.
Ms. Donner, I didn't mean to cut you off.
Do you have any argument on the obstruction of the law
enforcement officer?
MS. DONNER: No, Your Honor. That evidence
is not sufficient at this point.
THE COURT: I'm gO'ng to grant thaL motion.
Let's take about a 15 minute recess and then
I'll let you begin, if you wish to begin.
(Recess. )
THE COURT: Let's return to Ms. Crews.
MS. DONNER: Mr. Soberick just went to get
her.
THE COURT: I understand the parties have
reached an agreement on these charges?
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MS. CONNER: e On the obst uction of an
3 guilty ar.d on ar. agreed disposition.
4 THE COURT: All right.
MS. DONNER: Thirty days suspended for two
6 years. Just general good behavior, r.o· s pervised
7 probatio
8 THE COURT: All right. Mr. 'fJi Imot .
9 l"!R. tJILMOT: Yes, sir. If you will pick two
duty of ownership charges, Your Honor.
11 THE COURT: Dogs and
12 MR. WILMOT: Or two that the Court feels is
13 most prevalent.
14 THE COURT: Dogs and horses.
MR. WILMOT: Your Honor, it's a guil ty plea
16 to each of those two charges and the disposition is a
17 $250 fine on each with $200 suspended on each for two
18 years. And one condition is that animal control be
19 able to authorize to visit, a prearrar.ged scheduled
visit, to check the condition. Mr. Soberick can be in
21 attendance. Obviously Ms. Crews can be in attendance.
22 And if Steve goes, another anima control officer will
23 go as well. And I talked to Steve about that. The
24 remainder of the charges, both the state charge and
remaining county charges, will be dismissed, Your
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l' H ]:; C U U Wl' : What state charge?
3 MS. DONNER: That was dismissed on a motion
4 to strike.
5 THE COJRT: That was already dismissed.
6 MR. ltJI LMO~ : The remaining four county
7 charges
8 THE COURT: Are dismissed?
9 MR. ltJI LMOT : Dismissed. Five county
10 charges.
11 THE COURT: I've got four duties and the
12 one-
13 MR. ltJI LMOT : Interference.
4 THE COURT: Interference. How specific do
15 you want - I wrote, "Animal control authorized to
16 inspect animals at prearranged date and time." How
17 specific
18 MR. WILMOT: That I s sufficient, I think,
19 Your Honor. Mr. Soberick and I understand it.
20 MR. SOBERICK: The understanding is they
21 give us notice and I have a right to be present.
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THE COURT: So $250 with $200 suspended?
MR. WILMOT: Yes, sir.
THE COURT: Of the two?
MR. WILMOT: Yes.
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(Defendant sworn.)
EXAMINATION
BY THE COURT:
Q. You're changing your plea to guilty?
A. Yes.
Q. You understand by changing your plea to
guilty, you give up your right to hear from and
question any further witnesses in the case?
A. Correct.
Q. It means I can find you guilty without
hearing any more evidence?
A. All right.
Q. And you also give up your right against
compulsory self-incrimination, in other words, you're
right to remain silent?
A. (Witness nods head.)
Q. All right. Ma'am, based on your plea of
guilty, I do find you guilty on the state obstruction
charge, 30 days in jail, all 30 days will be suspended
for two years conditioned upon being of good behavior,
keeping the peace, and paying all fines and costs.
On the two duties of ownership, one
involving horses, one involving dogs, I find you
Lewis & DeBerry

Reporting Service

5
10
15
20
25
8
gUl~ty, $250 fine with $ 00 of that suspended on each
count for a period of two years, conditioned upon being
3 of good behavior, paying al fines and costs, not
4 violating the laws. Aniwal control is authorized to
inspect the animals at prearranged dates and times.
6 MR. SOBERICK: One time.
7 THE COURT: A prearranged date.
Mr. Soberick, you can tell your client she
9 made a very good deal.
MR. W..LLl'10T: Wise call. Thank you, Your
11 Honor.
12 THE COURT: I'm going to return the
3 exhibits. I don't think I need to keep them.
14
(Hearing concluded at :50 p.m.)
16
1 --- 000-
18
19
21
22
23
24
Lewis & DeBerry
Reporting Service

88
?

3

4

5

6

7

8

9

o
11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

COM M orrv'JE TH OF VIRGINIA,
r--r..~ll'.lm'r

_~,_: _~~~_~""""'"'-'I '-"~J..L.I-..t-l"-' '-"..L.L vVUllj~_l, t0~W._L.L.
f,7TT.T J:lMC:;Pf1Pr': I T7hADC ("'Ten
I, Debora Ragland, do certify that the
foregoing pages are a true and accurate transcript of
the proceedings had at the time and place mentioned
this 3rd day of October 2011.
~lo~n~~bora L. Ra~
My commission expires July 31, 2014

Notary Registration Number: 215500

Lewis & DeBerry

Reporting Service

$

$200[3J 8417.8522,
871
$250 ·8417,8522,
871
1
1 [lJ 13:22, 14:2,
34:11,44:19,45:14,
45:17,468
10[lJ 508
11 [lJ 5012
12 [3J - 21 :8, 50:24,
50:25
13[2J 51:13,51:22
14[2J 51:19,51:22
15[2J 5121,51:25
15-minute[11- 83:16
16[lJ 5222
17 ~21 53:9,5317
18(2] 53:18,53:22
19[2J 543,54:16
2
2 (8) 5:21, 5:24, 6:2,
1822, 19:2,42:23,
611,688
20 [4J 24:10, 27:22,
54:3,54:16
21 [1 J - 54: 17
22 [2J - 55:7, 55:9
23 [2J 5517, 5518
24[5) 44:19,4517,
5519,55:21,82:13
2:50[1] 87:15
3
3 [5) 46:17,47:2,
47:18, 57:20, 57:24
3-15 [11 520
3-3[2]- 5:25, 61:18
3,2-6500 (1] 7913
30 [2] - 86:21
4
413J 523,47:18,51:12
48 [1J 82:14
4th [3] 812,15:2,
6914
5
5[3J 47:21,47:22,
47:24
6

6 i2J - 489, 491
693-3890 [1] - 64.7
7
7[1] - 49:1
72 PI - 8214
8
8 [2) - 49:16,49:17
9
9 [1] - 49:20
911 [6) - 8:5, 8:15,
1021,10:23,1624,
64:5
A
able [5J - 5:7, 7:8, 7:9,
264,84:19
abundant 11] 54:25
abusing (1) 403
access [1)- 47.24
according [1) 43:2
accurate [3] - 811,
2015,2017
accurately [1] 45:9
additional [2] 12:18,
547
address;1] 11:17
adequate ,7J 79:13,
7914,80:4,822,
82:22, 82:23, 83:3
admitted [1] - 13:25
advice [1J - 56:25
advise [7J 30: 12,
3019,4115,64:20,
652,65:6, 65:9
advised [2) 29:23, 65:4
affected [1[ 79:22
afterwards [1) 11:23
age [1) - 7916
aggressive [6] 38:6,
39:7,7510,7512,
76:14,78:6
ago [31 9:9, 11 :6, 82: 12
agree [2[ 64: 12, 76:2
agreed [lJ 84:3
agreement [1J 83:25
ahead [91 7:11,20:11,
22: 15, 22:22, 27:24,
37:1,4215,68:2
air(2) - 19:8, 25:2
allegation [1) 46:11
alleges [1] 46:24
almost [2) - 48:17,61:23
alone [lJ 83:5
altered [1]- 10:15
amend - 5:11
amendments [1] - 5.11
amount [6) - 5124,
542,5510,6218
6617.6623
amounts [1J - 50.20
animal [42] - 521, 61,
h 1'<. 82:3, ':33,
14:24, 16:2, 30:24,
42:23,4612,4816,
48:18.49:14,50:2,
50:3,50:4,50:7,54:2,
56:24, 578, 618,
63:7,65:16,69:14,
705,7312,78:24,
79:2,7917,8012,
80:16,81:13,81:16,
8119,8120,82:13,
82:15,82:24,84:2,
84: 18, 84:22, 87:4
Animal(2) - 19:16,
85:15
animal's (': - 79:22
animals [57) - 5:2, 5:7,
6:6,6:7,618,6:19,
15:21,2222,23:12,
31.21,428, 439,
43:18,441,44:5,
44.10,48:20,5023,
515,52:8,5213,
54:7,548,5415,
5416,5521,55:25,
56:9,5611,56:20,
56:21,56:23,5711,
59:3,59:5,59:7,
60:22,6113,61:19,
61:21,6123,61:25,
621,62:18,6413,
64:24,74:2, 79:7,
805,80:14,8015,
8019,82:7,834,
85:16,875
answer[3]- 9:15, 29:17,
72:17
answered [2] - 16:12,
64:8
anyway [1[ - 44:18
appear [3) - 6125, 73:3,
735
appeared [3[ - 4814,
529,5219
approach [~i - 37:14,
4422,72:24, 75:13
approached [1] - 71: 1
approaching (1]- 34:7
appropriate [1] 7915
area [9 - 27:6, 291,
3414,34:15,35:5,
48:16,48'25,49:19,
64:16
arguably [1]- 79:1
argue ~1]- 38:15
arguingpl-79:18
argument [1]- 83:11
arm [3) -1922,36:15,
40: 10
armed[l)-4025
armsi4J 205,2518,
3623,393
arrest [2: 5918, 60 17
arrested 6:12
1312,41 16,5917,
5922, 606, 60 11
arrive [1J 278
.......:..:-
.... 'f IVUI~
assisted n - 29:4
assisting [1! 6914
assume [1J 59
assuming [2J 1022,
10:24
attempt[lJ 70:19
attempted [2J - 5:4,
61 :17
attempting I') - 81 :19
attendance [2] - 8421
attention [21 25:8, 36:3
Attorney [1J - 10:24
Audio [7] 226,241,
2413,25.12,25.21,
271, 28: 12
audio [6] 8: 19, 825,
2025,21:1,2212,
26.15
authorities [1 J- 6: 1
authority [5) - 42:23,
46:12,5624,8110,
8113
authorizer,] 84:19
authorized [2) - 85: 15,
874
aware [1) 75:25
B
backed [1, 24:9
backing [21- 27:6,27:12
Baranek [14J 5:1,
14:12,14:23,1916,
58:2.70:6,70:16,
71:1,71:5,71:21,
73:17, 7422, 782,
787
BARANEK[1i - 1414
barn [2] - 49:7,51 :14
barrel [1) - 532
based [2[- 19:18, 86:19
basement [9) - 48: 16,
4818,48:25,5219,
54: 19, 55:3, 57:2,
60:23, 66:25
basic ~1] - 81:7
basis [3J - 42:25,43:13
bathtub [2J - 52:1,523
bed[2J - 3017.30:18
bedding [21- 5422,
54:23
begin [2] 83:17
beginning [1]- 2117
behalf(1)-4516
behavior [3] - 84:6,
86:22,87:3
behind [29] - 1722,
183,1912,20:2,
204,2410,2510

2518,323,3324.

3419,3423,35:2.

359,3622,377.

379,3713,3714.

393,39.21,3924,

4023,4716,49:6,

77:24
below [2] - 4520, 54.19
beside[1j-7012
best (2) - 8:10,75:23
better[l]- 404
between [3] 12:18,
53:20.716
beyond [1]- 43 17
big I1J - 5318
bird [4) 53: 18, 53:23.
5324,53:25
birds [7] 44:14,53:8,
5311,5314,6616.
6617
bit [1) - 753
black [1] 49:12
blackish [1) - 54:13
blackish-brownish [1)
5413
bladed [2] - 751,752
blinders [1) 45:25
block[l)- 37:1
bodies [1) 81:9
borderline!l] - 66:20
borrowed (1) 2025
bottle [1]- 77:19
bottom [3) 50: 1, 50: 11 ,
53:19
bought [1) 31:8
bowl [lJ - 62:13
bowls [2]- 49:12,5412
bOX[1]-50:19
brief (1] - 4:22
briefly [3J - 4:16,518,
65:18
brought[31-6:14,7:1,
13:15
brownish [lJ 54: 13
bucket [3] 48: 1, 82:4,
82:15
bug [1] 47:8
bug-ridden [1] 478
bUgS[l] 48:14
building [2] 24:19,
2420
bunch [1] 50:18
burden [1] - 80: 18
bush[1]-3713
bushes [1) - 2410
bushy 11) - 20:3
buy [1] 31.9
BY [38)- 7:22, 9: 1. 921,
1421,1519,17:13,
1719,19:4,22:8,
22:14,235,24:15,
25:14,25:23,26:19,
273,286,2817,
29:22,34:13,38:19,
Lewis & DeBerry

Reporting Se ce

4114,4221 45:1,
4610.46:23.588.
6020.6314,686.
6816.6910.725,
7223, 764, 77.4.
7715,865
c
C-O-H-O-O-N [1[ 82
cagel11] - 48:10,48:11,
4813,5010,50:11,
54:21, 57: 1, 6420,
66:18,79:9
cages PJ - 53: 10, 5314.
8213
caging [4J - 53:16,
5321,541,55.13
caller [3J - 9:5, 63:24,
64:10
Care[6J 54:15,62:1,
7325,768,76:12,
80.4
carry [1J - 30:22
. carrying[5J -19:6,19:7,
30:20, 36:6, 70:9

cars [1J 32:25

caSel11] 4:19,4:20,

6:22,6:25, 78:15,
792,80: 12, 83:2,
83:6,86:10
cases [1] - 79:5
catch [1] 37:2
cats [1J - 44: 14
CD [4J - 206, 20:7, 20:8,
2024
CDIDVD[2]- 8:7,141
cell [41 63:22, 63:23,
6324,64:10
certain[1[ 7919
certainly [3( 7:3, 73:3,
83:1
chain [1(- 16:18
chained [2]- 16:8, 47:23
chance [1J - 6421
change [1]- 70:14
changes [1J 5:11
changing [2]- 86:6,
86:8
charge [18( 5:8, 28: 15,
42:25,47:4,48:4,
51:12,53:5,58:9,
65:25,68:9, 80:22,
80:23,81 :11,82:24,
84:24, 85:2, 8621
charged[31- 5617,

60:25,61 :5

charges [20] - 4:23,
424,5:5,5:12,5:19,
5:22,6:15,46:14,
46:24, 56:4, 58:3,
78:14,80:1,83:25,
84:10,8416,84:24,
84:25,857,85:10
charging [2) - 616,61:8
check (3) - 5711, 59:7,
8420
checked (2) - 53. 80.9
chest [1] - 50 16
chicken [2] - 5511.
5515
chief[11 7816
chinchilla [7] 4413,
48:11 48';:>::1 4874
54:18.55:1,553
choice [1J - 14:10
Cindy [5[ - 6317, 63:18,
63: 19,64:2,64:7
circling [21 20:2, 25:5
circumstances [1]
7513

class [1] - 56:8

Class 17[ - 5:21, 5:23,

524,62,4223.611,
68.8
clean [8[ 47:24. 50:22,
55:4. 556, 65:3, 665.
66:23
cleanliness (4[ 50:3.
5524,66:7,6617
clearPJ 6110,63:6,
64:21
client (6) 6:5,6:16,7:1,
12:4,13:12,87:8
. close [3[ - 24:9, 36:16,
71:5

closer [1J - 55: 12

code[sJ 6:1.61:8,

79:12,80:11,81:16
Cohoon (2J - 7:12, 7:24
COHOON (1) 715
collectively [2] 45: 14,
46:8

colored (1]- 34:16

coming (22[ - 10 7,

11:21,18:5,186,
1921,1923,2020,
2418, 322, 355,
36.4, 36:20, 3621,
37:8, 38:5, 431,
4322,68:7, 70:4,
705, 707, 734
comment [2] - 25:25,
26:5
comments [2] 45:20,
71 :20

commit [1] - 7:3

committed [1]- 62:14

common [2] - 61 :21,

64:11

Commonwealth 13]
45:16,57:20,7814

Commonwealth's [71
10:24,13:22,142.
1822,192,34:11.
5724
communicate [1]- 76:5
communicated [1]
7525

complaint [3] - 796,

79:25

compliant[11- 71:17

complies [1] - 32:22

compulsory I" 8616
concern [1! - 5523
concluded (1] - 87'15
conclusion (2] - 6:21
6310

condition (11] 6.18,

473,4915,534,

"'>.1n, "h'11, 57'11
595,7916,8418,
84:20
conditioned 12]- 86:22,
872
conditions [51 516.

6122. 64:20, 82.11,

8219

conducting [1J 61:12
consider[1]- 5916
considered [1J - 813
constitute [3J - 6210,
79:20,818
constituted 11[- 62:4
constitutes [1[ - 5415
contact[6[- 12:23,13:2,
13.4,135,29:7,29:14
contacted [1 J- 7317
contained [1J - 74:7
container[2] - 512,
513
control125J - 5:21, 6: 1,
6:13,624.13:3,
14:24, 16:2,30:24,
4224,4613,61:9,
6915,70:5,73:12,
7824,792,81:13,
8116,81:19,81:20,
842,84:18,84:22,
85:15,87.4
Control(1]- 19:16
conveniently [1[ - 51: 13
conversation [)4[
8:11,9.4,923, 10:1.
104,10:17,11:2,
1119,127,12:18,
1714,336,76:17.
77:5

conversations (1[
31: 11
cooperate [1[ - 7:2
copies [2(- 9:24,44:19
copy [8[ - 811,9:22,
1025,2015,20:17,
46:19,654,6517
corner [1] 69:25
correct[5]- 4512,51:7,
562, 83:8, 8611

costs [2) - 86:23, 873

counsel [1)- 8125

count(1] 87:2

counts (1) 42:15

County [51 4:6,85,

15:9,45:14,46:8
county [191 - 519, 525
29:15,318,4222, '
58:3,618.68:9,
7815,79:5, 79: 11,
8022,8112,8116,
83:6. 84:25. 85:6. 85:9
Lewis & OeBer
county's ",( - 8220
couple [5) - 1625, 253.
262.34:20,6510
course [3j 25: 1 25:8,
522
COURT [65) - 4:2, 45,
4.10,413,417,4:21,
5:9, 5:~5J 5:~?, 5:2'-;,
6:3,74,711,8:18,
8:20, 13:20, 1323,
13:25, 14:6, 14:9,
15:16,17:11,1824.
21:16,2610,34:25,
38:16,42:14,44:23.
4518,4521,462,
57:21,584,60:15,
63: 11, 6723, 682,
6820, 68:24, 72:19,
75:24,77:7,7810,
78:12,7817,81:6,
831,83:15,8321,
8324, 84A, 84:8,
8411,8414,85:2,
855,85:8,8511,
8514, 8522, 85:24,
865,877,8712
cover[7j- 17:22, 18:1,
182,33:23,33:24,
34:5,4125
Crews [321 - 42, 4:6,
157,15'11.1515,
1610,18:6,18:15,
22:17,2418,2819,
29:7.425,43:1,
5211,52:14,56:11,
56:19,57:3,645,
6512,67:9,67:11,
67:20, 6920, 69:21,
70A, 707, 71 :9, 747,
8321,84:21
Crews' [3]- 64:9, 69:15,
69:24
crimes [1[ - 7:3
criminal 1] - 8110
CROSS[4j 919,233,
586,7221
cross [1]- 22:1
CROSS
EXAMINATION [4]
9: 19,23:3, 58:6, 72:21
custody [3] 29:2,
6423,64:24
cut (1] - 83: 10
D
daily [1] 80:6
date[4j 616,5616,
8516,87:7
dates [1]- 875
days [4: - 65.10,845,
8621
deal [11- 87:9
dealing [2] - 79:11.
7912
debris III 55: 10
decided -1610.
3323
decomposing [1[
6418
decomposition n
501
Defendant [1] 861
82:5,84:2
defendant's [1] - 8:23
Defense (1) 81 :25
defense (11 4:8
defensive [3) - 3625,
3724,7423
definitely [11 - 5:3
definition [3]- 79:12,
79:14,7923
dehydration 111 - 63:7
department [9] 15:25,
16:2, 28:8, 313,
52:12,6411,6422,
6513,6713
Department[l]- 69:12
department's 12] - 31 A,
316
depict I1J - 459
depicted [3]- 4912,
4916,54:8
depicts (1)- 52:22
deplorable[1]- 8219
deputies [2] 29: 13,
57:3
deputy [4]- 16:22,
27:15,27:16,28:24
Deputy [21 - 18:2, 202
describe [21- 49:21,
53:9
describes [1[ - 51:6
describing [1]- 21:7
desire [1]- 56:20
detailed [1] - 65: 15
detaining [2] - 59:25,
601
determined [41- 43:7,
43:12,43:19,444
Dew(1]-77:19
diagram [1) - 32:9
dies [1] - 8224
different (5) - 50:1,
50:14,54:4,81 :8,
81:9,81:15
diffusing [1] 27:12
direct (3] - 7:20, 13:4.
698
DIRECT[2]-14:19,
42:19
direction [2J 34:7,
3511
directly [1( 6323
dirt [5[ - 506, 64: 13,
64:14,64:17
dirty [5] - 4919, 505,
50:11,65:19,82:18
disagree [1[ - 4523
disarmed 12] - 71:9,
71 :10
ir:.g Service

The gloucester, va case that never was

The gloucester, va case that never was

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