Luray Restaurant Owner Found Guilty in 'Inadequate Animal Care' Case

Stock Image (not actual dog mentioned within story)Photo bySimon Robben via Pexels

LURAY, Va. – Despite pleading not guilty to the charge of inadquate care of his dog, a local restaurant owner was found guilty and ordered to pay fines.

According to an investigative report obtained from the Page County Sheriff’s Office (PSCO), the initial request for an animal welfare check occurred on August 12, 2024.

At approximately 1:30 p.m., a PCSO deputy responded to the 8000 block of US Highway 211 W. The caller advised that a dog at the Dan’s Steak House restaurant property had been barking “for days.”

Upon arrival at the location, the deputy observed an emaciated female tri-color hound tethered to the side of a dirt hill area. According to the report, the dog’s ribs, spine and hip bones were visibly protruding. The area where she was tethered had no shelter, food or water.

While at the location, the deputy attempted to contact the business owner, but got no response. The dog was placed in the back of a patrol car and transported to the Page County Animal Shelter for evaluation and care.

Once at the shelter, a staff member weighed the animal, and estimated that a healthy dog of similar breed and size should weigh 40 lbs or more. The scale, however, read 26 lbs.

While removing the dog’s rubber collar, staff noticed a name and number inside, written in faded Sharpie. The deputy called the number and a Neil Wayne Custer answered.

Custer, the owner of Dan’s Steak House, advised that the dog was, in fact, his. He claimed that he fed her “all the time,” and that her low weight was due to the dog’s “running around.” .

Later in the evening, the deputy visited Custer at the restaurant location to obtain additional information. The dog was not returned.

While he admitted to the dog not having shelter (aside from a carport), food or water outside, Custer stated that food was readily available to the dog inside the house and that she eats “all the time.” He’d noticed the dog had been losing weight but assumed she was fine. According to Custer, he had observed her protruding bones, but was sure her healthy gums and energy level indicated good health.

The deputy advised Custer that it’s the responsibility of a pet owner to take a dog that much underweight to a veterinarian for evaluation. Custer indicated the dog was up to date on her shots and vaccinations, but could not provide any actual documentation to the deputy.

Custer was given a copy of a notice of seizure for the animal with a custody hearing set for August 22 in Page General District Court. Online court records indicate the hearing was given a continuation date of September 5, with a final court date (and case determination) scheduled for later in the month.

Custer had been issued a Virginia Uniform Summons for inadequate care of an animal (Virginia code 3.2-6503), which states:

Each owner shall provide for each of his companion animals, including:

Adequate feed;

Adequate water;

Adequate shelter that is properly cleaned;

Adequate space in the primary enclosure for the particular type of animal depending upon its age, size, species, and weight;

Adequate exercise;

Adequate care, treatment, and transportation; and

Veterinary care when needed to prevent suffering or disease transmission.

The charge is a Class 4 misdemeanor which carries a fine of not more than $250.

Page County General District Court record of Custer's pleading, final determination and fees.Photo byT. Leicher - Screen Shot

According to online court records, Custer appeared in Page General District Court with attorney Rodger Smith on Thursday, September 26, 2024.

Custer pled “not guilty” to the inadequate animal care misdemeanor. He was, however, found guilty, and ordered to pay a fine of $200 and court fees of $91. Court records show that both amounts have been paid.

The civil violation (and seizure of the animal) case shows as having been dismissed. It was not immediately clear if the dog has been returned to Custer.