![]() |
| Under a plea offer, Debbie Eberhardt would have to sell her home and move away from Suffolk’s Riverview area because of a misdemeanor dog barking charge.
(L. TODD SPENCER PHOTOS /THE VIRGINIAN-PILOT ) |
By Dave Forster
The Virginian-Pilot
SUFFOLK
They made her an offer she had to refuse.
That's how Debbie Eberhardt sees it. The offer: Sell her house, leave the stately Riverview neighborhood she's called home for 11 years and never move back - at least while Luci St. Clair-Carter lives there.
In return, the special prosecutor on the case would drop a misdemeanor dog barking charge against Eberhardt, a former Chesapeake magistrate.
St. Clair-Carter, whose house backs up to Eberhardt's, went to court last year after becoming frustrated with her neighbor's barking German shepherd, Elsa. St. Clair-Carter's husband, Randy Carter, is a former Suffolk prosecutor and the current clerk of court.
![]() Debbie Eberhardt faces a misdemeanor dog barking charge, which is punishable by up to six months in jail. |
Suffolk Commonwealth's Attorney Phil Ferguson said his office reviewed the case because St. Clair-Carter sought assistance. Ferguson said his office has a policy to take any case in which the victim asks for help.
But because of Carter's position with the city, Ferguson's office asked for the appointment of a special judge and a special prosecutor from Norfolk.
News of the plea offer has sparked incredulous reactions from people familiar with the case, which was already drawing extra attention in Suffolk because of the people involved.
Linda Malone, a law professor at the College of William and Mary's school of law, called the house sale proposition "quite unusual."
The plea offer - a copy of which was obtained by The Virginian-Pilot - included other terms. Among them, Eberhardt could not be present when prospective buyers looked at the house unless requested by the real estate agent, and her dog could not be home at any showing. Also, Eberhardt could only deal with prospective buyers through her agent.
"In 23 years of practice, I have never before seen a suggestion that a citizen be required to vacate their house and leave the neighborhood over a barking dog," said Gary C. Byler, Eberhardt's attorney.
A court hearing for the case is scheduled for this morning, at which time more than a dozen witnesses could be called to testify. Several are neighbors. One is a dog behavior specialist that Eberhardt hired in March to help quiet Elsa.
A spokeswoman for the Norfolk commonwealth's attorney's office, which was assigned to prosecute the case, said the idea for the offer came from one of Eberhardt's previous attorneys, John D. Hooker Jr., who could not be reached for comment Wednesday.
"It became clear that the defendant wasn't in support of it," Amanda Howie, spokeswoman for the Norfolk commonwealth's attorney, said of the plea offer.
The proposal is in a letter addressed to Hooker, ending with the name of Linda L. Bryant, senior assistant commonwealth's attorney. Carter said the offer came from Eberhardt's side but would not comment further. He said his wife was out of town Wednesday and unavailable for comment.
![]() The barking of Elsa, above, has led infuriated neighbors to press charges against the owner. |
The charge against Eberhardt concerns a prohibition against keeping an animal that disturbs the "comfort and repose" of others. It is a class 2 misdemeanor punishable by up to six months in jail.
Police were called six times for barking at Eberhardt's home between April 4, 2006, and May 14, 2006. St. Clair-Carter went to a magistrate with her complaints and secured the criminal charge.
The case went to court last year, at which time Carter testified that Elsa wakes him up in the morning and barks when he's trying to sleep. The judge continued the case for 12 months on the motion of Eberhardt's attorney.
Kristian Lowry, the dog specialist, described Elsa as a "vocal" dog when she met her, but not an incessant barker.
She said she worked with more than 250 dogs in 2006, and Elsa was one of her best cases.
A couple of Eberhardt's neighbors even hired Lowry for their own pets after they noticed Elsa's improvement.
"I don't think she's an A-plus, but I think she's definitely an A student," Lowry said.
Dave Forster, (757) 222-5563, dave.forster@pilotonline.com









Delicious
Digg
Reddit
Facebook
Google
Yahoo

Look around you and enjoy every moment of life.
I have sat here and read most of the bitchy comments that you guys had to offer to this story. What happened to being at peace with your neighbors and loving those around you. If you know that you have a low tolerance for noisy animals, people, etc then you should really move into the countryside where you cannot be bothered by life. That's right life, because those people that are around you are people too with emotions, feeling, needs, and wants. Maybe they just want to see a smile on your face and you are always complaining about something. Many of you work hard and have nice things and live in nice houses. Appreciate what you have and be thankful that you don't have to live like those in 3rd world countries. Respect your neighbors.
Elsa The Yapper!
Congrats to Suffolk for letting people know it is not their right to allow their dogs to disturb other neighbors. One of the reasons I moved was a neighbor's obnoxious dog. Animal Control was responsive and helpful but couldn't be there all the time. Some folks are simply too selfish (or old and dumb and deaf) to realize dog barking is more than just irritating! Some people have more acute hearing than others. I know my stress levels and blood pressure spiked when that little yappy poodle would screech loud and with the highest pitch imaginable for hours. Elsa and her irresponsible owner should take a hike. Anyone as selfish as Eberhardt, showing total disregard for the comfort of her neighbors, doesn't deserve to live among decent people.
Held Hostage
My neighbors who rent, have a dog that when let outside barks constantly for hours, at everything and nothing. Anytime a member of my family goes outside, the dog runs up to the fence and lunges at them, in a most disturbing and aggresive way. We don't bother the dog, never have. I can be sitting in my home trying to watch tv, and if the dog sees me through the window it will sit there and bark at me. The owners do nothing to quiet it. AC was called once, and I was accused, which led to words exchanged. The owner said "it's a dog." Thanks for clearing that up, I thought it was a barking chicken. I wish I had called AC. I'm too afraid of owner retaliation. I hope their lease is up soon. It's an otherwise quiet neighborhood.
Barking dogs
First off, I am not a dog lover. But I want to comment on this story. It seems to me that St.Clair-Carter and her husband have taken this thing too far!! Lady you need to get a life and do other things with your time, like volunteer at a homeless shelter. Instead of running to the police each time the dog barks, how about going over and finding out why the dog is barking & how to resolve it. It could make the issue alot more pleasant. I have neighbors whose dog used to poop in my yard, but i talked to them and we resolved the issue, if i found it in my yard, they cleaned it up. And no one called the police. You never know when u may need those same neighbors again. Stop being a royal pain and get a life loser!!
Dogs gone wild! Kudos to Suffolk for taking action!!
What is ridiculous, is why any one would have to put up with dog barking. It is enough to drive you nuts. It is amazing how dog owners think that a dog can disrupt the peace of a neighborhood and the neighbors have no rights at all.
It is obvious that this dog was in fact disturbing the peace and on more than one occasion. This woman broke the law over and over, and she is now paying the consequences. Good Riddance!
Now, for all you cat owners that think your cat has a right to destroy, gardens, scratch cars, and scream all night, you are next!
Co-Existence
In this day and time, it seems ludicrous to expect to enjoy your home in peace !!! I, unfortunately, do not have the means to litigate w/ my neighbors over any number of aggravations of daily life in a Neighborhood : dogs barking, children playing, loud music late at nite, 1 neighbors 'race car', idiots sitting in cars blowing horns instead of using phone or knocking on door......etc etc etc. Its called life. The point is to try and co-exist and not go Postal. I cannot help but think that Mr. Carters past w/ Commonwealth Atty Office made this silliness possible. Can I sue all the Idiots on the road that make my daily commute hell ! ? ! ?
Another attack against the right to own property.
I have got to say a few things. While I understand the frustration that comes from dealing with noisy neighbors and barking dogs this absolutley sounds ludicrous. If the city can force people to move out of their homes for barking dogs whats next? Have Debbie pay a fine and be done with it. The dog no longer barks, how can the City rationalize making debbie sell her house? This entire case is outrageous and an embarsment for all involved.
Why isn't this resolved?
According to the article, the last instance of barking was back in April-May time frame. Since then, Elsa has been behaving, or so it would seem since the police haven't been called since then. IF the issue is the dog and the dog has stopped, why does this continue?? You asked her to fix it, she hired a professional, fixed it but you still want her to move???? If the dog stopped barking, why is Ms. Eberhardt still dealing with the neighbors being angry??? Sounds like it could be abuse of power ... guess my vote will not go for Mr. Carter next term either. Maybe Mrs. Carter needs the leash and lessons on being quiet???
In response to "Put the dog inside..."
It's hard to know all the facts of a story when you don't know the parties involved, but I do. Making assumptions about the care of the dog makes me wonder if you read the entire article. An owner who hires one of the best animal behaviorists in the area is not the type of owner who would leave an animal to fend for itself. Elsa is one of the best-cared-for animals I know. Not only is she an inside pet, she's loved beyond measure, and even has doggie birthday parties every year, complete with a special cake just for her. It's unfair of you to presume that she's being mistreated.
What's Good For the Goose is Good for the Gander
I have been forced to move to out of my home due to the neighbor's 12 barking dogs and the town's and owner's refusal to do anything to quiet the dogs. My house has been up for sale for 5 years. Maybe some of you who love the sound of barking dogs would consider buying it. Often barking dog owners tell the neighbors to move if they don't like the barking. It makes more sense for the dog owner's to move someplace to accomodate their dog's barking maybe place the house in the middle of 100 acres so no one is bothered by the barking. They could also train the dog not to bark all the time. If they can't do any of this; they shouldn't own a dog. Also if dogs can't be trained then they should be banned. The dog owner deserves prison.
What's next??
This is ridiculous!! What's next- making families move because their children are too loud?
Dogs bark for a reason- get over it!
what wonderful news for those of us suffering from obnoxious p
This story gives me hope and has inspired me to finally take the step and take my neighbors to court. All you commenters saying I need headphones, soundproofing, etc, are just trying to justify your own barking dogs. The particular dog owner in my neighborhood has dogs that bark and howl constantly. I have repeatedly called animal control. The dogs have even been picked up and taken in when no one was at home, etc. But until now I just thought it was useless to try the courts. No more! All of us who are being held hostage in our own homes, unable to rest or use our own decks, should band together for support and start demanding our neighbors abide by the law and begin to take them to court, if we can see this kind of serious attention paid.
Can we kick out loud neighbors?
These loud teenagers and their music need to be kicked out of the neighborhoods. So when I go file my complaint with the Court, I don't want to hear what the police told me once; teenagers will be teenagers. Well dogs will be dogs! I will bring up this case when I do file it. If they won't pursue the case, I will file discrimination.
Prime example of Suffolk politics at work.
The people that side with "St. Clair-Carter" didn't read the whole article.The quotes "a dog behavior specialist that Eberhardt hired in March to help quiet Elsa"and"A couple of Eberhardt's neighbors even hired Lowry for their own pets after they noticed Elsa's improvement" tells the story. Eberhardt's dog is no longer a problem. Seems that the Carters are the kind of neighbors few of us would want. I'd have to be a nuisance to them just for the fun of it. This abuse of power should cost Carter, Ferguson, the "special judge"and the "special prosecutor" their jobs. This is a blatant example of the buddy system and abuse of power. This is a waste of our tax dollars and waste of the courts time. Eberhardt should sue the Carters. Vote Em Out!
I think it would be nice if the Pilot told us the rest of the
When does the dog bark? A dog outside barking a few times a day is perfectly normal and neighbors should be charged for the city's time just for calling the police about it. However, a dog barking all night long is a different story. No details were given about this part of the story. Even if the dog does bark at night, forcing the family out of their home is insane! The fact that the homeowner/dog's owner is getting assistance with the behavior should have dropped the subject altogether. What about the other issues Mrs. Carter has with her neighbor? I doubt this is all about a barking dog. Furthermore, both of the Carters should be reprimanded for abusing their positions as they are. Unbelievable!
sympathy
I live next door to 2 beagles that bark all the time. The owners seem to have a deaf ear to the problem. This does disturb my sleep, the ability to watch a tv show or open windows. I would not care about the barking if it didnt occur so late at night or early in the morning. Its like dog owners who allow their dog's to be outside barking for long lengths of time have no respect for anyone but themselves - late at night or early in the morning let your dogs out to bathroom and bring them back in. If you need them to stay out longer get a bark collar or a muzzle.
Solve the problem..
Hey pay attention people! The problem is excessive barking not plain ole dog barks here an there. Get a grip on this nerve raking nuisance or move but please not near me. LOL
Tired in Norfolk
Yeah! I'm so happy to hear that Mrs.St.Clair-Carter has won her case. I know exactly how she feels since I have neighbors that leave their dogs out most of the night for the past two years. People should leave their barking dogs in the house at night.
put the dog inside
Here's a crazy idea - put the dog inside then all of the neighbors can't hear her. I do not understand people who have dogs for pets and then leave them outside 24 hours a day to drive their neighbors crazy with constant barking, or barking in the middle of the night - it really is just plain rude. If the animal is part of your family, then the animal should live inside.
Dogs Barking
I live in a neighborhood where the dogs constantaly bark. But you know I don't blame the owners - I blame the parents of the kids who live next door to them cause they are always throwing stuff at the dogs to make them bark. what do you do about that? make the parents with the kids move as they are stupid for letting their kids get away with doing stupid stuff likfe that? Then again these are the same kids who lay down in the middle of the street daring you to run them over.
Barking dog
You gotta be kidding me? Making someone move because a dog is barking? If that were the case around my neighborhood, noone would live there. Dogs bark...get over it
Awwww
How beautiful is this dog?!?! Well she can bark my ears off any day and night! But then again, I'm partial to shepherds! :) Good Luck Elsa, you keep doing what doggies do!! Muah!
Barking dogs cause much harm
Smart judge & smart prosecutor! This would actually be a good law or ordinance, because it would help solve the barking dog crisis all across our country! Make the irresponsible dog owners move!
I'm with the plaitiffs
Barking dogs are a problem. I think she should have to move, or quiet her dog. I know that when I had neighbors with an incessantly barking dog, I wouldn't have care if their house burned down, just as long as that dog kept quiet.
Did you notice?
The police were called 6 times. No citations. Police officers cannot prosecute unless they witness the action. So...did the police never see anything? Are the neighbors being overzealous? Regardless, eat the misdeameanor and let the dog bark. Then side the back of your house with mirrors so they can enjoy the sun. Get a code book and be a bothersome as possible right up to the line as written. Maybe you could get Pete Decker to represent you as he is real good in neighbor disputes.
Barking dog
We live in the country and have dogs, and we too get complaints about them barking. (even in the country) When the police showed up at my door, they apologized for having to come, and heard no dogs barking. I wish the neighbor who complained would have come to us first, the problem would have been solved and no one would have been upset. I don't like to listen to them bark either!! Neighbors should always talk to each other about their problems, and usually they can be worked out without wasting the time and money of the courts.
Everyone has a right to peace and quite
If the dog will not stop barking then he has to go..period.
a bark collar???
I know a few married couples who might be interested in one of those!!!!
The Dog Lady
I'm glad "The Dog Lady" (Kristian Lowry) got involved. She helped me with my rotties and I bet anyone this case will be over soon because of her behaviorist skills- Once Ms. Eberhardt can show her dog's good behavior, at least legally- this case will be closed. So much for the "Stately" Riverview neighborhood in Sufolk...sigh...
bark, bark, bark, bark, bark, bark, bark
Try relaxing in your house and try to take a nap, read a book or the newspaper. Try to relax outside while entertaining guests or just enjoy the fresh air while all the time hearing your next door neighbor's dog bark, especially after your concerns have been brought up to the apathetic neighbor. Try sleeping at night when you have to get up at 5am for work only to hear your neighbors dog bark constantly. Its not such a trivial issue as some of you may think.