Friday, December 21, 2012

New trial date set for 3 charged in Palermo dog attack

CALIFORNIA -- A new trial date has been set for three people charged in connection with a May 21 dog attack in Palermo.

Chic Gordon, of Palermo, her son Ruben Daniel Cambra, of Oroville, and Theodore Jason Scherbensky, of Oroville, had originally been scheduled to face trial in Butte County Superior Court on Jan. 28. The date was changed Thursday to March 25, according to deputy district attorney Kennedy Rizzuto.

Defense attorney Philip Heithecker said the case wasn't ready to proceed on the original date because they were still litigating a motion to dismiss the case because the dogs at the center of the case weren't kept alive for evidentiary purposes.

Rizzuto has argued that the lives of the dogs — a 70-pound pit bull named Gus and a 45-pound Queensland heeler named Shane — weren't necessary for evidence. Their bodies and teeth patterns have been preserved.

During the alleged incident, Gus and Shane reportedly attacked Virginia Lorusso on her property next to Gordon's. Gordon and Cambra are each charged with a felony count of allowing a vicious animal at large. Scherbensky is charged with being an accessory after the fact for allegedly trying to conceal one of the dogs.

Butte County Animal Control detained the dogs following the incident. In two civil court cases, judges declared the animals vicious and ordered that they be put down.

When the issue was heard in criminal court Aug. 9, Judge William Lamb indicated the civil court had jurisdiction in the matter, but the animals' bodies should be preserved.

The animals were [put down] the following day.

(chicoer.com - Dec 21, 2012)

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