Wednesday, June 27, 2007

"In the interests of justice" wasn't it? updated

ER Original owner of Mad River dogs back in prison

Roberta “Kiki” Bugenig has been returned to a Madera County prison after corrections officials determined she violated the terms of her parole by allegedly beating a horse with a saw.

Who can forget the story - A series of stories about a horrific animal neglect case in Trinity County turned into a Humboldt County story when former neighbors of Kiki Bugenig's came forward saying they had sounded the alarm long before she moved her animals to Trinity County, and that there was videotaped evidence. It also turned out that District Attorney Paul Gallegos "declined" to press charges in the "interest of justice..."according to public records, charges against Bugenig requested by the Humboldt County Sheriff’s Office — including 122 alleged misdemeanor county code violations for failure to vaccinate and license her dogs, and one alleged felony violation for abuse of the horse — were never filed by the Humboldt County District Attorney’s Office.

At that time "District Attorney Paul Gallegos said Monday that the first case, involving the 122 alleged misdemeanor violations, was received by his office June 15, 2004, and was rejected Oct. 26 of the same year.

“These were regulatory offenses, not neglect offenses,” Gallegos said, adding that the reason given in the file for rejection of the charges was “interests of justice.”

“There could have been issues of proof,” he said."

“We can do nothing unless we have sufficient evidence of an offense,” he said. “That’s it in a nutshell.”

Sheriff’s Office Public Information Officer Brenda Godsey said Tuesday that she could not speak to the evidentiary value of information provided to the DA’s Office, but could officially confirm that a videotape had been booked into evidence.


Humboldt County Sheriff’s Office Investigative reports "demonstrate sheriff’s officials visited Bugenig’s former Bridgeville residence numerous times and ultimately recommended 123 charges against her for alleged animal-related offenses.

John and Stacy Malcolm (were) expected to be charged in Trinity County with multiple felony animal cruelty charges stemming from their treatment of the Bugenig animals. but "“If we had filed, based on the charges,” Gallegos said, “probably the best results — or the worst results from her perspective — would have been probation.”

ER "Dogs seemed fine" 8/18/2006
ER Defense attorney says John and Stacy Malcolm not to blame for abuse 8/18/200
ER Dogs' condition consistent with starvation, report states 8/20/2006
ER Death toll rises in Mad River dog deaths 8/22/2006
ER In the 'interests of justice'? 8/23/2006
ER Evidence mounts in animal abuse case 8/24/2006

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