By Diana McFarland
Smithfield Times News editor
The former Humane Society president accused of stealing a dog will have her case go before an Isle of Wight grand jury in May.
Surry resident Valerie Delgado appeared in Isle of Wight County General District Court Thursday for a preliminary hearing concerning a yellow lab taken Sept. 9 from a Smithfield family’s backyard.
The dog’s owner, Charles Salmon Jr., testified that he came home from work at about 4 p.m. that day and found the dog missing from its runner in the backyard. The dog’s collar had been removed.
Salmon called the Smithfield Police Department and reported the dog, Colby, missing. He also told police that Delgado could be involved.
Smithfield Police Officer Danielle Lawrence told the court that she asked the Surry County Sheriff’s Office to send a deputy over to Delgado’s house on Bacon’s Castle Trail.
There they found the dog, Colby, tied to a tree in Delgado’s yard, Lawrence said.
When confronted by the police, Delgado said she had gotten the dog from a Dendron woman and his name was “Hank.”
The statement was found to be untrue.
Delgado’s attorney, Willard Robinson, admitted to the court that she lied to the police.
Commonwealth’s Attorney Wayne Farmer said the lie indicated that Delgado had “guilty knowledge” of the dog’s presence at her house.
It wasn’t the first time Delgado had contact with Colby.
Delgado had picked up the dog in July, stating he was running around the Salmon’s Smithfield neighborhood. She took it to the Isle of Wight County Animal Shelter. Animal Control Officer Paula Duda told the court she recognized the dog, but only knew of Delgado from the other officers.
Delgado was the former president of the Isle of Wight County Humane Society.
Duda knew the dog because Animal Control had responded to a call about Colby’s care. Lawrence also testified that she had been to the Salmon’s house on two occasions concerning complaints about Colby’s care.
The complaints were unfounded, Lawrence and Duda said.
Colby spends most of his time outdoors, chained to a 24-foot cable that runs the length of the backyard.
Robinson wanted to pursue the subject of Colby’s care further, but Farmer objected. Farmer said the case wasn’t about the dog’s care, it was about grand larceny — which is considered a class 5 felony in Virginia, punishable by up to 10 years in prison.
Judge Parker Councill agreed with Farmer.
Duda went on to testify that Delgado threatened to take the dog if he was found running loose again.
“She [Delgado] said if she keeps seeing him, she would be taking him back to her home,” Duda said.
Salmon said Animal Control had told him of Delgado’s threat.
Delgado’s attorney called one witness, Dr. Gail Furman.
Furman testified that she and Delgado had gone down to Nag’s Head and had returned home the day of the incident.
Farmer asked Furman a series of questions about when they left for Nag’s Head, and when they left to return to Virginia. Furman was unable to remember times or dates, except one — that she and Delgado had arrived at her house in Carrollton at about 3:05 p.m. the day of the incident.
Robinson argued that didn’t give Delgado enough time to drive from Carrollton to Smithfield to get the dog before returning home to Surry.
“The timing was close,” Robinson said.
Robinson also argued that the prosecution did not have any direct evidence of Delgado actually taking the dog, and there was a lack of probable cause.
Councill told Robinson there was enough probable cause to issue the warrant, and that it was possible to infer from the evidence that Delgado could have taken the dog.
