SUFFOLK
Judge John C. Baker needed time to think.
In the past two-and-a-half hours, he had heard 12 people testify about the barking habits of a German shepherd named Elsa, officiated over some legal wrangling and watched an elected official give his impression of a pooch that had gotten on the bad side of a shock collar ("yip!").
So Baker took some time to think.
The case before him Friday in General District Court began in April 2006. Luci St. Clair-Carter, the wife of Suffolk Clerk of Circuit Court Randy Carter, took her complaints of a barking dog to a magistrate.
Debbie Eberhardt, a former magistrate herself and the dog's owner, was charged with a Class 2 misdemeanor.
The case became gossip fodder in the Riverview neighborhood where it unfolded. About 15 people - a housekeeper, two police officers, other neighbors - received subpoenas, many from the defense.
In August, the parties struck a deal. Eberhardt promised to work with a trainer, "The Dog Lady," and to use a shock collar to control Elsa's barking. St. Clair-Carter agreed to drop her complaint in six months if the situation improved. Baker, a retired judge called in to avoid conflicts from Carter's position with the Circuit Court, postponed the case.
Everybody was back in court Friday morning.
The training had helped, St. Clair-Carter testified, but not enough. She had documented 35 times from September to mid-April in which Elsa barked, usually late at night or early in the morning.
7 a.m. on Sept. 5: "About 7 o'clock in the morning I was woken up because Elsa was outside barking."
7:30 a.m. on Sept. 22: "It just wakes me up from sound sleep."
6:30 a.m. on Nov. 27: "At that point I'm up, so I go to the computer and document it."
4:45 a.m. on March 23: "Easter morning."
Then Eberhardt's attorney, Gary C. Byler, called his witnesses.
The next-door neighbors said they've hardly heard Elsa bark since September, and their house is closer than the Carters.
"It was so quiet that we thought maybe Debbie had gotten rid of the dog," Hubert H. Young Jr. testified.
Another neighbor said he hadn't heard the dog bark more than a couple of times.
Byler, the defense attorney, commanded the courtroom throughout the testimony, wa ving his arms and speaking over both the prosecutor and judge at times.
"Sit down," Baker told him at one point. "Sit down and be quiet for a while now."
After all that, the judge needed to think.
"If I want to put her in jail, if I want to fine her, what does that do?" he asked. "It doesn't do anything. The dog's still there. It's still barking."
The prosecutor, Jennifer Williams, recommended a fine and jail time, suspended on the condition that Eberhardt improves the barking.
The judge slowly took off his glasses and clasped his hands. Silence.
He asked if the dog had the bark collar on today. It did.
"Well," Baker began. "I'm going to continue this case."
Eberhardt buried her face in her hands.
"Six months," the judge said.
Dave Forster, (757) 222-5563, dave.forster@pilotonline.com







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Fair Judges?
I'll second that comment unionman. It's not justice for ALL It's justice for SOME (i.e. no justice for non-politically connected non- good ol boy Mrs Eberhardt in this case, but all the justice goes to politically connected good ol-boy Randy and Lucy Carter. Doesn't take a rocket scientist to see that. What an outrage!!
There is a Real Judge
Don't get a reckless driving ticket in Suffolk, either. I had the evidence to prove the cop was lying and an idiot to boot, but my lawyer wouldn't touch it. He preferred to plea bargain. Yeah, I eventually won because I had to agree to take that ridiculous driving course. The lawyers don't want to make the cops look stupid because it will hurt any future plea bargains they might have with them. It's a racket, and the judges, lawyers, and cops are in cahoots. Remember Carter was the Asst. Commonwealth's Attorney. Someday, he'll stand before the real judge. I hope, he's ready.
Go Elsa!
I can't believe this is what is going on in the city of Suffolk. I am wondering why Luci St Clair Carter needed for a retired Judge John C. Baker to take this case. It is a real shame that Judge John C. Baker will now go down in history for taking such a ridiculous case. I think Debby Eberhardt had been nothing but honorable in her endeavors of using a dog trainer and then to buy a collar to keep Elsa from barking. The residents of Suffolk need to find out how many more of their taxes are being used for such nonsense.
I wonder if Mr.Carter would like that collar on most days on Luci St Clair Carter.
Good Luck Debby and Elsa!!!
Elsa
I am thankful I do not live in Suffolk, I would have been thrown in jail for life since my dog barks everytime she walks outside! They may have even given me the death penalty over her barking!
It amazes me that a Suffolk city employee would allow his wife to use his status to harrass another Suffolk citizen. Every judge who recused himself from this case should resign, as they obviously are not performing their job. The true crime is that judges and Suffolk employees are allowing personal feelings to interfere with serving the community.
WOW
Im glad to see that people have nothing better to do than complain. Why not work with the owner to resolve the issue one on one. Yea, lets take her to court and try to end her to jail, thats gonna fix the problem.
Woof, woof
I think this is absolutely ridiculous! Besides the fact that valuable justice system time and money (our money!) is being wasted on such a trivial issue, the mere fact that someone feels that others need their permission or approval to share their home with any dog they choose is ridiculous! This dog is obviously not a public nuisance of any kind. Mrs. Luci St. Clair-Carter is.
Elsa the Barking Dog
As I keep reading in the comments, a dog that barks when people enter someone's yard, or comes up to the house, or even when someone walks their pet(s) by a house is doing just what a dog is supposed to do - especially a German Shepherd who's instinct is to protect their owner's property - and person - by barking. It's the best security system there is - hands down. I know because I too have a dog that barks for exactly the same reasons Elsa barks. I haven't had a crime commited against my property ever (and I'd bet it's due partly because of the dog I have). What a shame that this neighbor can't appreciate the fact that Elsa's bark is probably also keeping crime in the immediate area minimized, as criminals don't like drawing the attention of barking dogs. As for the dog barking constantly and at all hours of the night - I would highly doubt this to be true. It's good that the steps this young lady has taken to control Elsa's barking appears to be working (as noted by the comments of the neighbor). Maybe the city of Suffolk will stop wasting taxpayer money and dismiss this frivolous case.
Elsa, the dog that barks.
Forgive me, but isn't that what a dog is supposed to do??? I have to comment given the fact that I have house sat for Debby in the past-before Elsa had "The Dog Lady" and yes, she barks at the mailman but other than that, she is a sweet girl!!
They say that a dog has a keen sense of judgement when it comes to people. I find it interesting that IF Elsa is barking...why only at this particular lady???
I must say to all parties involved...I do believe our tax dollars could be better utilized!!
Burglars Don't Like Barking Dogs
BigDaddy, if you're dog eats a frog, you'll think he has rabies. He will be foaming at the mouth. Frogs have a defense mechanism, and they don't taste good if eaten. Dogs learn very quickly not to mess with them.
I'm with you, though about barking dogs. If you live in the country, you want your dog to bark to warn you about strangers coming up your driveway.
Spend the money
I have a mutt. Cross between a Walker and a Beagle. He barks when required at people that shouldn’t be around the neighborhood. My neighbors have spent money for security systems only to find their houses and vehicles broken into. They now respond to my dog barking and crime has dropped. I have never been violated (knock on wood) and will always have a dog. By the way my neighbor has a pond and I am forced to listen to the mating calls of frogs. Wish my dog would eat’em.
Barking Dog
I once said that you are required to be stone deaf in order to be allowed to get a dog. I'm exaggerating, of course, but sometimes it seems that way. Within inches of my backyard fence are at least 3 dogs, usually no problem. However, my wonderful next door neighbors often have family in from out of town who visit with their dog, and they stick the two dogs out back in the fenced yard. These two dogs, the resident dog and the visting dog bark incessantly all day and well into the night. Because this only happens when these out of town visitors come, I hate to make a fuss, so I endure the entire week-end of barking right next to my house and it drives me nuts. I won't call the police because I care for my neighbors, and I hate to call the neighbors and make for a potentially strained relationship, but what the bleep? Can't they hear the dogs? Everyone else can. If I made an unwelcome, unpleasant racket in my backyard hour after hour late into the night, I'm sure someone would report me, so because it's a doggie, it's okay? I love dogs, all animals and have my own. What's up with that? Are they deaf or just so intent on having the animals out of the house that they don't
Training required
Both the owner and the dog just need some training. Barking is learned behavior, the dog does it for a reason. Sounds like a job for the dog whisperer. Loose the shock collar and spend some personnal time with the dog. If you don't have the time to train the dog then you probally shouldn't own it.
Rediculous
Oceana was there long before your house. You buy a house next to an airport, you have no reason to expect anythng less than jet noise. Geez, what did you think was going to go on at a Naval airstation, dog barking?
Ridiculous
Now If this all does come to pass and the dog owner gets jail time or even a fine for disturbing the peace then my charges against Oceana will be pending for disturbing the peace. I have a bad neighbor much like this whistle blower over the dog, they need to get a grip on reality and go on with their own life.
But?
If I play my radio to loud, the police will come and tell met that I am disturbing the neighbors. But a dog can bark all night? Disturbing the peace is disturbing the peace. Take the silly dog in the house. If you like to hear him bark, let him bark in your house. What makes people think they want to listen to someone else's dog? You don't like their music so you call the cops. I don't like your dog. Same thing!
if the barking is bothering
if the barking is bothering them this much , get some ear muffs ,
Don't know much about owning a dog but could you put one of those muzzle
things on to keep it from opening its mouth to bark. I too wouldn't put up with this nonsense of constantly barking.
If Anyone Is Interested
The story where the pictures came from/ Virginian Pilot 08/30/2007
Title : Deal In Suffolk Dog Dispute Seems Worse Than Bark To Owner
posted to: News
Pretty good story. Pic of the house as well..I did not guess correctly on the photographer.
The Va Pilot File Photo
When I see the photos that say Virginian Pilot File Photo, I automatically assume the photo was used in an earlier story. If that phrase that says "file photo" could be a link to the original story where the photo was used, it would save me a lot of time researching the archives, to read the stories, & see if I guessed right on who took the pics. Anyway I compared the photos, because I remember a theory that dogs look like the owner & vice versa. My analysis is as follows. I find no similarities in this case between dog & owner, in appearance & visible disposition. IE Ms Debbie Eberhardt has a great smile, & Elsa appears as if she did not wish to be bothered.
Neighbors & Dogs
I have a neighbor just like this one! I would much rather hear a dog bark than have to put up with a old complainer with no life. If the dog was gone she will just find something else to about. Welcome to the city.........I have grown up with the train track running across the back of our house and two miles from the Norfolk International airport, every person on our street owned a dog, outside dogs at that. I never missed a nights sleep. maybe she needs to have a sleep study done, or get a life. BARK ON BOW WOW :)
Only documented 35 times?
I can't comment on whether Elsa barks incessantly or not...I'd have to experience it for myself. However, noting 35 instances of barking in a 7 month period, well, that's only 5 times a month. Based on that alone, I can't possibly comprehend how this is excessive.
Thier is no security in a
Thier is no security in a barking dog if it always barks. Ever hear of the boy who cried wolf?
Move things aaround
Move the Naval Air Station jets from Oceana to Suffolk and then move the dog from Suffolk to the Oceana Naval Air Station. That should take care of 2 kinds of whiners.
Barking Dog
Everyone seems to have an opion as to what should be done about this german shepards barking. I agree that they need to find out what the dog is barking at. Also I would like to know; who lived there first. If the dog and it owner were already living there then the neighbor had to know a dog was close to the home they were going to buy. If indeed this dog barks all the time then the neighbor should have found another place to buy. dogs bark. That is a fact of life. If a person can sleep with ambulances, police cars and all the other city noises then a dog barking should be no big deal. If you want things compleatly quiet then move to a
place where there is a noise law. OOPS! There isn't such a thing as well there should'nt be. Get a life lady and stop throwing your weight around. Just because you know people doesn't make you any better than the rest of us. You chose to live there. Let it go will you!
Security of Barking
I can't believe that the charters have so much time to devote to this issue and also shows they have friends in high places. Where's the evidence of barking did they record or video the incidents or even try to see why the dog was barking, was their an intruder. Was Elsa telling the owner that the mailman was at the door. My dog does even when their inside and the TV's on they can sense someone approaching the house or even walking by. They can also tell my car when I come home from work they sense everything. I have 2 golden retrievers and they do bark when they are outside, however their barks vary in tone just like are voices do. I can tell which dog is barking and what they are barking about. I believe this is called communication between a pet and their owner. Also barking is warning to intruders. They sense things that we cannot. My dogs can even communicate to me when a storm is coming by body language and type of bark. Obviously the Plaintiff never had a pet. I rather hear a dog bark then the birds chirp so early in the morning, and don't forget tree frogs and crickets that will be out soon. I rather hear the bark from a dog for a few seconds then the others. Char
Choice
Owner's choice - Control the dog or lose it.
Poisoning a Dog!!
To the person who wrote and suggested leaving ethylene glycol out for Elsa... maybe someone should charge you and lock you up just for the mere suggestion of such a cruel and criminal remark!
Disappointed in VA
I moved here from Montana and I really have a hard time with the attitudes of residents here. It seems like people can be a lot less friendly, to the point of enjoying calling the cops on neighbors instead of getting to know their neighbors. A barking dog can be annoying, but I believe the city has hours that are set for mowing, and construction, which I think could be applied here. The fact that people use the law to handle simple personal issues contributes to more waste of money and our legal system's time. All the neighbors annoyed by barking dogs, wouldn't you want your tax money going towards protecting your neighborhoods and prosecuting 'real' criminals (ie burglars)?
I hope this judge throws this out, and tells the neighbors to deal. Especially since it sounds like Elsa's owner has taken care of the problem and the other neighbors are supporting her. Let's get the emotions out of this, and use some common sense with a dash of compassion.
Lastly, get to know your neighbors! It just might make your life a little easier if a situation like this comes up! And let's not support vindictive people prosecuting their neighbor for having a pet, as well as other unsavory motives men
happy dogs don't bark
As the owner of two dog's, one is yappy the other not, it is all about control. Living next to a neighbor who's dog continually barks for lack of attention, it really is unacceptable. When my dog starts barking for who knows why I simply bring her in.
Some dog's just bark out of boredom, Others for attention from the owner who has no business having a pet.
I enjoy my deck and outside but not when all I can hear is a dog barking non stop because the owner has gone off for the day, only to come home to an exhausted dog who will then sleep quietly all night.
Again a dog kept outside is not a pet but a possession.
I do not believe this neighbor can hear the Dog.
I just walked outside to check my mail and was able to hear a chain saw and lawn mower. I did not hear them before I went outside and cannot hear them now. I am surounded by 4 neighbors with dogs and the few times I have ever heard them I was outside. My home is on a 10000 SF lot, so my neighbors are quite close. There is no way this lady can hear the dog in question while closer neighbors do not. The dog owner has gone above and beyond what is expected only because her neighbor is connected and is trying force her to move for some reason that has yet to surface.
The dog owner seems like an honest person who is just trying to appease her neighbor. Why else would she bend over backwards when there is no proof that it is her dog that is even barking. The complaining neighbor most likely heard a dog barking on her TV set.
barking dog, barking neighbor
You people who keep saying to get rid of the dog obviously don't understand the closeness people have with their pets. Why don't you just get rid of your trouble making teenagers? Get the picture? Why is the judge still taking the word of one woman when several other neighbors say the dog has improved since training with, what I might add, is a horrible thing to use, a shock collar. It is a dogs natural instinct to bark. Why not put a shock collar on the complaining, hateful neighbor? Maybe then she will understand where the dog is coming from and bark a little less herself. Get a life lady and leave this dog and its owner alone. It sounds to me like she has done everything she can to help allieviate the issue. YOU move away and leave the lady and the dog in peace. YOU have barked enough these past two years.