Conviction Upheld: Man Fails to Care For Puppies

A circuit court judge recently upheld the conviction of a Warrenton man who failed to provide proper care for approximately 30 puppies and dogs.

"The evidence presented [demonstrates] that these dogs were cruelly treated and that they were not cared for properly," Judge Herman A. Whisenant Jr. said at the end of a two-hour hearing in Fauquier County Circuit Court April 4.

The judge also found Charles E. Settle Jr., guilty of allowing his dogs to run at large and deemed two of the dogs "dangerous."

In accordance with Whisenant's ruling, Settle can no longer own any companion animals. He can appeal the decision in two years.

Finally, Whisenant ordered Settle to pay for the costs of care incurred for the animals by the Middleburg Humane Foundation since they were confiscated. The total cost is more than $45,000.

Settle did not testify in his own defense. He has declined to comment on the matter, other than to say the complaints against him are false.

Making a case for neglect

The prosecution called seven witnesses during the hearing.

From the stand, Hilleary Bogley, an humane investigator for Fauquier County, detailed the condition of each dog confiscated from Settle on Dec. 31, 2007, and the puppies born since then.

"Every single one of the dogs [seized that day] were heavily infested [with worms and other parasites]," Bogley said. "They were all in chain-link enclosures patched with wood. There were tattered tarps above the chain-link enclosures.”

Two of the female adults were pregnant, but "very emaciated," Bogley added.

Three of the dogs gave birth to 29 puppies after they were confiscated, according to Bogley. Several puppies died due to complications, however. Others require ongoing medical treatment for congenital conditions, Bogley said.

Fauquier County Deputy Chad Brubaker, who is a K-9 officer, also testified. Sgt. John Arstino, and deputies Becky Cooper and Lane Phillippe, who are all animal control officers with the sheriff's office, did so, as well.

Each said they had gone to Settle's house in response to complaints on numerous occasions last year. Some people reported bad smells emanating from the kennels and others reported dogs running at large.

Brubaker said he was almost bitten by one of Settle's dogs when he went to the man's house in response to one call. Cooper testified that she was bitten in a separate incident.

Arstino and Phillippe also recounted some of the conditions they observed on Settle's property.

Specifically, Arstino said the dogs were kept in "chain fence-type kennels." The type of chain used was too fine and the dogs kept tearing through it, the sergeant added.

Phillippe said he also talked to Settle about the condition of the kennels and the dogs getting out.

"I saw the holes [in the kennels] and advised [Settle] about the dogs running at large," Phillippe said. "He kept saying he was working on the kennels."

Judge Charles B. Foley found Settle guilty of providing inadequate care for the animals following a Jan. 10 hearing in Fauquier County General District Court.

E-mail the reporter: abogdanovic@timespapers.com

Copyright 2008 Fauquier Times-Democrat. All rights reserved.