The Testimony — Robert Rowe & Valerie Gagnon
The following testimony is drawn from the trial transcript, March 18, 2016. Every statement is sworn. Every page reference is from the official court record.
ROBERT ROWE
Role: HOA President, 507 Princess Street, Alexandria, Virginia. Every statement below is drawn from sworn testimony at trial, March 18, 2016.
Summary: Robert Rowe was not a neutral neighbor. As HOA President, he filed a criminal complaint against Valerie Gagnon, called her delusional, met privately with her father to discuss how to “control” her, and delivered a disinheritance document to Pierre Paul Gagnon after her arrest. Under oath, he admitted he had “not really” any HOA authority for the actions he took. His celebratory email after her arrest was admitted into evidence at trial.
Key facts on the record:
- Called Valerie delusional — then admitted under oath that squirrels were “immaterial” to him
- Answered “Not really” when asked under oath whether he had HOA authority for his actions
- Met privately with Pierre Paul Gagnon multiple times, asking how to “control” Valerie
- Delivered a disinheritance document to P.P. Gagnon after Valerie’s arrest on four felony charges
- Demanded Valerie contact him about every animal death and every Animal Control visit — then called police when she did exactly that
- Was “livid” when Valerie confronted neighbor Gaffney about the animal deaths
- Sent a celebratory email after Valerie’s arrest — admitted into evidence at trial
- HOA charter did not support the authority he claimed — confirmed under cross examination
1. “SQUIRRELS WERE IMMATERIAL TO ME”
“I really didn’t care about squirrels honestly at that point. I was really more worried about one neighbor harassing another neighbor. Squirrels were immaterial to me.” — Page 182.
Rowe testified that he did not care about squirrels and that his focus was on what he described as one neighbor harassing another neighbor. — Page 182.
2. “NOT REALLY” — THE AUTHORITY ADMISSION
When asked under oath whether he had HOA authority to act as he did, Rowe answered: “Not really.” — Earlier transcript pages.
Rowe filed a criminal complaint, called Valerie delusional, met privately with her father, and drafted a disinheritance document while serving as HOA president. — Earlier transcript pages.
3. THE PRIVATE MEETINGS WITH P.P. GAGNON
Rowe testified that he met privately with Pierre (P.P.) Gagnon multiple times and asked how to “control” Valerie. — Earlier transcript pages.
Rowe described Pierre Gagnon as “extremely contrite” in connection with these meetings, which occurred before Valerie’s arrest. — Earlier transcript pages.
4. THE 2016 DISINHERITANCE DOCUMENT
The disinheritance document is dated 2016, after Valerie’s arrest on July 18, 2015. — Trial exhibit and transcript references.
Rowe delivered the disinheritance document to Pierre Gagnon after Valerie had been arrested, charged with four felonies, and jailed. — Trial exhibit and transcript references.
5. HIS DEMANDS — CONTACT HIM ABOUT EVERY ANIMAL DEATH
Rowe testified that he told Valerie to contact him about every animal death and every Animal Control visit. — Earlier transcript pages.
On July 18, 2015, Valerie brought a dead squirrel to Rowe, reported the death, and contacted Animal Control. Rowe testified that he viewed her conduct as harassment and he called the police. — Earlier transcript pages.
6. “LIVID” — WHEN VALERIE CONFRONTED GAFFNEY
Valerie confronted neighbor Patrick Gaffney at 509 Princess Street about the animal deaths. Rowe testified that he was “livid” about this confrontation and told her she had “taken this upon herself.” — Pages 159–160.
7. THE CELEBRATORY EMAIL
After Valerie’s arrest on July 18, 2015, Rowe sent an email describing and reacting to the arrest. The email was admitted into evidence at trial. — Trial exhibit and transcript references.
8. NO HOA AUTHORITY — CONFIRMED BY THE CHARTER
Under cross examination, Rowe acknowledged that the HOA charter did not grant him specific authority for the actions he took in connection with Valerie. — Cross examination, earlier transcript pages.
VALERIE GAGNON
Role: Defendant. 511 Princess Street, Alexandria, Virginia. Interior decorator. Daughter of Pierre Paul Gagnon and Gaetane Gagnon. Every statement below is drawn from her sworn testimony at trial, March 18, 2016.
Summary: Valerie Gagnon testified to a campaign of animal poisoning beginning in 2014, her repeated attempts to document and report the deaths to Animal Control and the HOA, and the arrest that followed on July 18, 2015. She refused a plea bargain for six months and proceeded to trial to get the events on the record. The judge found that the officers used more force than necessary. She was found NOT GUILTY on three of four charges. She served four months.
Key facts on the record:
- Animal deaths began in 2014 — squirrels, four cats, and a large number of birds near the family Koi pond
- Documented every death, repeatedly contacted Animal Control, requested toxin testing
- Animal Control Officer Howes refused to send the dead squirrel for toxin testing
- Contacted Rowe only at the urging of her immediate neighbors
- Testified she was in the doorway — not on the sidewalk — when arrested
- Struck in the face by the female officer with full force, torque rotation — blood in the white of her eye
- Put in solitary confinement the worst night of her life
- Her lawyer told her he would not represent her if she filed a use of force complaint
- Refused a plea bargain for six months — proceeded to trial to get the events on the record
- NOT GUILTY: Disorderly Conduct, Assault and Battery on a Police Officer, Obstruction of Justice
- GUILTY: Resisting Arrest — sentence suspended and taken under advisement
- The judge stated on the record: “I believe that the officers used more force than was necessary in effectuating this arrest.”
- Handcuffed in the courtroom after the verdict — served four months
1. THE POISONING BEGAN IN 2014
“In 2014.” — Page 153.
Valerie testified that animal deaths began in 2014, including squirrels, four cats, and a large number of birds, concentrated near the family Koi pond at 511 Princess Street. — Page 153.
2. THE WHITE POWDER — THE LETTER “S” IN SNOW
Valerie testified that Pierre (P.P.) Gagnon came to the family and pointed out a letter “S” written in white powder over the snow on the patio and asked if anyone knew anything about it. — Earlier transcript pages.
Valerie testified that the family maid, Julianna Gardner, also observed the white powder and that this event marked the point when she became certain that the animals were being poisoned. — Earlier transcript pages.
3. SHE DOCUMENTED EVERYTHING
“I kept going to Animal Control. I kept going and asking them to please come. Please investigate.” — Page 153.
Valerie testified that she photographed and documented every animal death and repeatedly reported the deaths to Animal Control. — Page 153 and related pages.
4. SHE ASKED THE HOA TO HELP PAY FOR THE TOXIN TEST
“I wanted him to show the evidence because he seemed to imply that it was all in my head. He was calling me delusional and to have the association help me pay for the poison testing which was running in the 300s.” — Page 160.
Valerie testified that she sought assistance from the association to pay for toxin testing rather than refusing testing. — Page 160.
5. OFFICER HOWES REFUSED TO SEND THE SQUIRREL FOR TESTING
Valerie testified that Animal Control Officer Howes refused to send the dead squirrel for toxin testing. — Page 160.
6. SHE WENT TO ROWE ONLY AT THE URGING OF NEIGHBORS
“I contacted Robert Rowe at the urging of my immediate neighbors.” — Page 153.
Valerie testified that she contacted Rowe because her immediate neighbors urged her to do so. — Page 153.
7. SHE WAS IN THE DOORWAY — NOT ON THE SIDEWALK
Exhibits C-1, C-2, and C-3 depict the location of the arrest. Officers testified that the arrest occurred on the sidewalk. Valerie testified: “Nowhere near.” — Page 168.
Valerie testified that she was in the doorway, not on the sidewalk, when the officers arrested her. — Page 168.
8. THE BEATING — HER OWN WORDS
“They grabbed my right hand very aggressively and she pulled me toward her. I yanked my arm out and I turned around and I pushed her. It was a knee-jerk reaction. The male officer just was on the step and moved in, grabbed my arm like that and then my other arm and immediately handcuffed me while the female officer hit me full force, torque rotation in the face. I was sent immediately on my knees and I started to scream.” — Page 167.
9. BLOOD IN THE WHITE OF HER EYE
“The red that you see in the eye in the white is created by blood. That was created by the woman who struck me.” — Page 178.
10. NO ONE ASKED IF SHE WAS INJURED
“No one approached me to ask me if I was injured. No one ever asked you. No one.” — Page 173.
11. THE WORST NIGHT OF HER LIFE
“That was the worst night of my life. I was close to a fall. I was put in solitary confinement and I thought I was going to die.” — Page 177.
Valerie testified that she was wearing only a nightgown when arrested, that she was inspected and questioned at the jail, and that she was not asked whether she was injured. — Pages 173 and 177.
12. SHE REFUSED THE PLEA BARGAIN
Valerie testified that her lawyer advised her to accept a plea agreement for a six-month sentence, and that she refused the plea. — Later transcript pages.
Valerie testified that she proceeded to trial because she wanted discovery and wanted the events surrounding her arrest documented on the record. — Later transcript pages.
13. HER LAWYER REFUSED TO REPRESENT HER IF SHE FILED A USE OF FORCE COMPLAINT
Valerie testified that, after her arrest, she wanted to file a use of force complaint against the officers and that her lawyer said he would not continue to represent her if she did so. — Later transcript pages.
Valerie testified that she understood this to mean she had to choose between pursuing a use of force complaint and maintaining legal representation on the four felony charges. — Later transcript pages.
14. THE VERDICT
NOT GUILTY — Disorderly Conduct.
NOT GUILTY — Assault and Battery on a Police Officer.
NOT GUILTY — Obstruction of Justice.
GUILTY — Resisting Arrest — sentence suspended and taken under advisement. — Verdict and sentencing, March 18, 2016.
15. THE JUDGE’S OWN WORDS — ON THE RECORD
“I believe that the officers used more force than was necessary in effectuating this arrest.” — Page 194.
“For many, many years, I’ve seen officers come before this court on these kinds of charges and wound up with assault and battery charges and you got nowhere near six months. But that’s not my call. I can’t do anything about it. It is what it is.” — Page 201.
16. HANDCUFFED IN THE COURTROOM — FOUR MONTHS SERVED
After the verdict and suspended sentence, Valerie was handcuffed in the courtroom and taken directly to jail. — March 18, 2016 hearing transcript.
Valerie testified that she ultimately served four months in jail, and that when she returned before the same judge she was told the sentence was six months and four had already been served. The March 18, 2016 commitment order authorizing this term of incarceration is part of the case file. — Later transcript pages and court records.
The transcript is 202 pages. Every page is available. Read it.
