ROANOKE TIMES
Copyright (c) 1996, Roanoke Times
DATE: Saturday, August 17, 1996 TAG: 9608190068
SECTION: VIRGINIA PAGE: C-3 EDITION: METRO
DATELINE: FINCASTLE
SOURCE: MATT CHITTUM STAFF WRITER
A Botetourt County judge dismissed an animal cruelty charge Friday against cattle farmer Roger Steele, son of developer T.D. Steele, in the death of about $25,000 worth of cattle.
About 60 black Angus cattle died from dehydration and heat prostration in June after they were left untended in a holding pen on a remote part of the Steeles' farm.
The case came down to the word of Donald Michaels, who said he told Roger Steele the cows would be delivered and when, against the word of Steele, who acknowledged talking with Michaels but said he agreed to no arrangements for taking the cattle.
Expressing a concern for preserving the credibility of Steele and Michaels, General District Judge Louis Campbell determined that the prosecution had at best proved Steele might have been told the cattle were on their way, but forgot. But that did not constitute the necessary criminal intent on Steele's part to justify a conviction.
"It's hard to have your credibility attacked like this when you have three children and you can't make it to their soccer games because you're spending all your time taking care of cattle," Steele said from the stand, choking on his words.
His attorney, Paul Tucker, paraded in a herd of 17 witnesses ready to vouch for Steele's credibility as a cattle farmer, although he called only one of them.
The case against Steele hinged on a phone call to him from Michaels, who was responsible for finding a place to pasture the cattle by their owners, Allen & Allen Cattle Co. of Dayton, Ohio.
Michaels testified he talked with Steele on June 8 and reached an agreement to deliver 83 cattle to a holding pen behind the Brae Mar subdivision off U.S. 220 near Amsterdam. He repeated what he said were Steele's specific instructions about backing the truck in because the ground was muddy.
The cattle were delivered June 9 in accordance to that agreement, Michaels said.
Eight days later, residents of the subdivision began complaining of an awful smell coming from somewhere on the Steeles' farm, which is owned by Woodhill Corp.
Animal Control Officer W.D. Horton testified he found about 40 of the cattle dead. Steele took measures to try to save the remaining cattle, he said.
Steele said that with the help of a veterinarian, he saved about 20 of them. Witnesses said the owners of the dead cows continue to pasture their animals with Steele.
On the stand and in a written statement given to reporters after the trial, Steele maintained he had no knowledge the cows were there. He said Michaels was to call him when the cattle were ready for transport, and then he would pasture them on another farm in Floyd or Roanoke County.
Throughout the trial, Botetourt Commonwealth's Attorney Joel Branscom stressed he did not believe there was any malicious intent on the part of Steele. He pointed out that the cows were not insured, so no one gained financially from their death.
"I don't disagree with the judge's decision," Branscom said. "I wouldn't have disagreed with a conviction, either."
He said it was an illogical case, one in which it was important just to get the facts all laid out for the judge to see.
"It's kind of like a traffic accident," he said. "Sometimes, it's just an accident."
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