ROANOKE TIMES
Copyright (c) 1995, Roanoke Times
DATE: Saturday, December 30, 1995 TAG: 9601020052
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
DATELINE: MARTINSVILLE
SOURCE: S.D. HARRINGTON STAFF WRITER
The incident occurred June 8, when Peggy Groover of Patrick County called Wheeler about her two dogs, which had been diagnosed with ringworm, a disease contagious to humans.
A Henry County dog warden accused of illegally distributing a drug to euthanize two dogs and later falsifying a log sheet to cover up the incident walked out of court Friday, his punishment only a $500 fine.
Gerald Wheeler was found to have done nothing illegal by giving his son two syringes of pentobarbital to euthanize two disease-ridden dogs in Patrick County.
Henry County Circuit Judge Charles Stone, who heard the case without a jury, found Wheeler innocent of a felony charge of distributing the drug. However, he did find Wheeler guilty of a misdemeanor: falsifying a state-required log sheet after the incident.
"I don't think it was necessarily fraudulent. But it was a false entry," Stone said.
Wheeler's 20-year-old son, Gary Wheeler, was acquitted in Patrick County Circuit Court of charges of possessing and attempting to administer the drugs without a permit.
Testimony during Gerald Wheeler's trial Friday told the story behind the charges against the dog warden, who maintained that he was only trying to help a woman in need.
The incident occurred June 8, when Peggy Groover of Patrick County called Wheeler about her two dogs, which had been diagnosed with ringworm, a disease contagious to humans. She was concerned that her 4-year-old son could catch the disease.
Groover could not afford to pay a veterinarian to put the dogs to sleep, and was unable to get in touch with the animal shelter in Patrick County, she testified in court.
According to testimony Friday, Wheeler told Groover that she could shoot the dogs, then burn their carcasses and anything else they might have been in contact with, such as a dog house. And if Groover didn't feel right doing that herself, Wheeler said, he "had a friend who would do it on the weekends for extra money." That "friend" was Wheeler's 20-year-old son, Gary Wheeler.
But that suggestion offended Groover. So she filed a complaint with Alvina Pitches, shelter manager and humane investigator at the Henry County/Martinsville Society for the Prevention of Cruelty to Animals.
Pitches then forwarded the complaint to the Patrick County Sheriff's Office, which initiated a sting operation.
Groover testified that Pitches told her to call Wheeler back and try to set up a time for Wheeler's friend to meet her. When she did, Wheeler said that if Groover did not want to euthanize the dogs by shooting them, he could arrange for it to be done by lethal injection.
Groover told Wheeler to have his friend meet her at a volunteer fire department in Patrick County.
Posing as Groover, Deputy Sheriff Cynthia Corns met Gary Wheeler at the fire station with two dogs from the county's animal shelter.
The deputy paid Wheeler $45 for the service and just as he was about to inject the syringe into the first dog, Corns testified, she pulled out her badge. An investigator who was hiding behind a nearby shed arrested Wheeler.
"Every little hair they could find, they split in order to find some criminal misconduct from Mr. Wheeler," said Wheeler's attorney, Reid Young III. "Clearly, there are no criminal motives here."
Randolph Smith, commonwealth's attorney in Martinsville who was appointed special prosecutor for the case, said the motive was Gary Wheeler's making $45 from euthanizing the dogs.
Gary Wheeler, who was not employed by his father or the county's animal shelter, would have been able to keep the money.
"He wasn't doing this as a free favor," Smith said.
But when Stone gave his verdict, he said he could not find in any law that Wheeler would not have been able to assign the job to his son.
Wheeler was certified to administer the drug as the head dog warden. Gary Wheeler testified that he was not certified, but was trained to do so and had assisted in numerous animal euthanasias.
"I felt an obligation to this lady," Gerald Wheeler said. "I just hope to hell she appreciates it, 'cause it's sure going to cost me."
Groover testified that her dogs were euthanized at the Henry County SPCA.
Young said that he and Wheeler have discussed filing a lawsuit claiming malicious prosecution.
Wheeler has circulated a petition asking Henry County Circuit Judge David Williams and the SPCA Board of Directors to remove Pitches as humane investigator.
Pitches, who was not called to testify Friday, said she was only doing her job and was not aware that Wheeler was involved until after the arrest.
"I merely wanted to find out who this person was hiring out to shoot dogs on weekends," Pitches said. "It was nothing to do with any animosity."
Henry County Administrator Robert P. Lawler said that after reviewing the judge's verdict, he will decide as early as next week whether to give Wheeler back his job.
Wheeler was suspended without pay following an investigation requested by Lawler. "Right now, I need a job," Wheeler said outside court Friday.
"Obviously as you look back in the days of the 'Little Rascals,''' the dog catcher would catch dogs with a net. "Animal control has gotten a little more complex," Wheeler said.
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