ROANOKE TIMES

                         Roanoke Times
                 Copyright (c) 1995, Landmark Communications, Inc.

DATE: THURSDAY, June 15, 1995                   TAG: 9506150039
SECTION: VIRGINIA                    PAGE: C-3   EDITION: METRO 
SOURCE: DIANE STRUZZI STAFF WRITER
DATELINE:                                 LENGTH: Medium


GOOD DEED MISFIRES FOR DOG WARDEN

Call it a drug case gone to the dogs.

A Henry County man went to the aid of a dog owner in distress in neighboring Patrick County, but ended up in a bit of distress himself. He has been charged with drug possession, and his father is under investigation for possible wrongdoing, too.

It began last week when a Patrick County woman called the Henry County animal control office to euthanize two of her dogs.

Gerald Wheeler, the dog warden and animal control officer, suggested she call his Patrick County counterpart. The woman complied, calling three times, but was unable to get through to anyone.

Frantic, the woman called Wheeler back. Wheeler said she told him she was a single mother who had two dogs with a contagious disease.

"No one was doing anything other than to try and help a lady out," Wheeler said.

The night of June 8, Wheeler's 20-year-old son, Gary, traveled to Patrick County carrying just enough pentobarbital to put two dogs to sleep. For his trouble he would have received between $40 and $45, authorities said.

"It was originally suggested to the woman that the dogs be shot and buried," said Patrick County Commonwealth's Attorney Alan Black. "If she had done that, I would have had no problem. But evidently the [humane society] and the lady thought that would be inhumane."

Deputies from the Patrick County Sheriff's Office were waiting when Gary Wheeler arrived at the home of the woman, whom authorities declined to identify. Black said they had been tipped off that someone was going to put the woman's dogs to sleep, and could do it by injection. When Gary Wheeler showed up, the deputies arrested him on a felony drug charge.

The initial warrants said he would be charged with possession with intent to deliver the drug and failing to possess a permit to dispense the drug.

Veterinarians, animal wardens and some members of humane societies commonly possess the permits. But Black said the warrants were incorrect. He reduced the drug charge to simple possession. Black dropped the charge of failing to possess a permit because he didn't believe it was a crime.

Gerald Wheeler said the Henry County administrator notified him that he was the subject of a personnel investigation. Wednesday, Henry County sheriff's Sgt. K.G. Nester confirmed that his office was conducting an investigation, but would not elaborate.

Gerald Wheeler will not say whether he told his son to go to Patrick County.

The former undercover officer for the Bedford County Sheriff's Office says he has never sold any of the drugs he uses. The result of this case is "me paying a whole lot of attorney fees," he said.



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