Woman accused of trespassing to check on a dog’s well-being enters pretrial diversion agreement

Nena Cheap

An animal rights activist accused of trespassing to check on a dog’s well-being has been provided a way to maintain a clean record.

Nena Cheap, 66, of 880 Driftwood Ave., Columbus, was arrested in June 2022, for criminal trespassing at a rural Hope farm. Investigators say she went on private property to check on a dog involved for several weeks in a dispute between animal rights activists and the animal’s owners. Deputies said there are three “no trespassing” signs posted on the farm property that are clearly visible.

A pretrial diversion agreement was reached in Bartholomew Superior Court 2, calling for charges to be withheld if Cheap complies with the following conditions:

  • Commits no criminal offenses for a period of 12 months.
  • Agrees to notify the prosecutor’s office of any arrest for a criminal offense.
  • Have no contact with the dog owners while the agreement is in effect.
  • Pay $454 in fees.

Cheap was arrested after the owners of a Australian Shepherd named Buddy showed investigators surveillance footage of Cheap trespassing as she approached the dog. The image was captured on a security camera.

While first claiming she had never been on the property before, Cheap later told deputies she had actually been there twice in two consecutive days after seeing social media posts from an animal advocacy group. Members claimed on Facebook that Buddy was inhumanely being forced to stay outdoors during a heat wave.

Cheap was charged with a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $5,000. During the time she was arrested, there were reported attempts by unknown individuals to illegally abduct multiple dogs suspected of being neglected.

One of those dogs was Buddy, who was eventually turned over to the Bartholomew County Humane Society by a woman with a Florida license plate before being returned to his rightful owner.

The dispute regarding canines suspected of being maltreated continued for several months, culminating with a barrage of service calls to the Bartholomew County Sheriff’s Department to request animal welfare checks.

Almost a dozen calls asking for welfare checks on Buddy were made in just 36 hours, the department said at the time. There were also repeated complaints from the dogs owners about trespassing and harassment during the heat wave.

But each time deputies were sent out, they determined the Australian Shepherd had shade, plenty of water and food, and the dog was healthy and well-fed, investigators said.

There were 11 calls requesting assistance to check on the welfare of dogs near Hartsville and Edinurgh, as well as near Hope. But each time an animal control officer was sent out, the dog was found to be in good health, with water and food, according to the sheriff’s department.

“This is not a sheriff department issue until it becomes a criminal issue,” former sheriff Matt Myers said of the continuing complaints about the dog. “But I want to be clear, if people are going on private property and taking dogs, it is a criminal issue and we will build a case and turn it over to the prosecutor’s office. You cannot go on private property and take other people’s dogs. Call animal control — there is a process and you need to go through the process. Do not take the law into your own hands.”

Myers also warned at the time that the continuing calls asking for animal welfare checks could turn into a public safety problem.

“If someone is having a medical issue or an emergency and we don’t have anyone to send because of these false allegations from social media, about a dog, it could become a serious issue.”