Screenshot of a video released by the Elephant Sanctuary shows Asha spraying mud on herself.
Screenshot of a video released by the Elephant Sanctuary shows Asha spraying mud on herself.

When the Virginia attorney generalโ€™s office initiated a police raid of the Natural Bridge Zoo in December 2023 as part of an animal abuse investigation, authorities expected to seize the zooโ€™s elephant.

They were surprised to find that the elephant wasnโ€™t there. Asha had been shipped to a Florida zoo five days before.

The elephant had long been the center of campaigns by animal rights groups that targeted the Rockbridge County zoo; she was living alone, when elephants are herd animals. Ashaโ€™s shipment to Florida, just days before the raid, has fueled speculation that Natural Bridge Zoo had been tipped off to the impending raid and wanted to put one of its prime attractions out of reach of state authorities.

That raid resulted in the state seizing most of the zooโ€™s animals, and the investigation eventually produced indictments of five people. Three members of the Mogensen family that has run the zoo, the zooโ€™s veterinarian and Ashaโ€™s handler are scheduled to go on trial in three separate trials in February and March.

Hereโ€™s what hasnโ€™t been reported until now: The office of then-Attorney General Jason Miyares (whose animal law unit led the investigation)ย requested search warrants in Florida related to Ashaโ€™s shipment, but a Florida Fish and Wildlife Commission report says a Florida prosecutor found them โ€œinsufficientโ€ and would not honor them.

A Florida-based animal rights group, Free All Captive Elephants, recently obtained these documents through a Freedom of Information Act request and turned them over to Cardinal News. The brief mention of the search warrant request comes in a report that a Florida Fish and Wildlife Commission investigator filed in October 2024, about 10 months after Asha first arrived at the Two Tails Ranch in Williston, Florida.ย 

Free All Captive Elephants had filed a complaint that one of Ashaโ€™s tusks had fallen off. Florida Fish and Wildlife Commission investigator Kenneth Holmes questioned Patricia Zerbini, who operates the privately owned zoo. According to the report Holmes filed, Zerbini said that Asha had likely broken the tusk โ€œwhile playing with an enrichment item.โ€ The zooโ€™s veterinarian, Mark Wilson, told Holmes that the elephant was in no distress, that tusks often break, and that he suspected โ€œa possible congenital problem or more likely a calcium deficiency issue when it was an infant causing a weakened or more brittle tusk.โ€ย 

The investigator consulted with a University of Florida veterinarian who corroborated that account. Accordingly, โ€œI determined there [are] no welfare concerns about Asha at this time,โ€ Holmes wrote. โ€œShe appears healthy and well groomed.โ€

However, in a summary of Ashaโ€™s case to that point, Holmes wrote something that wasnโ€™t in previous reports: At some point โ€” itโ€™s unclear whenโ€” the Virginia attorney general had contacted the Florida Fish and Wildlife Commission to request search warrants on the phones of Zerbini and Wilson, as well as Wilsonโ€™s veterinary records connected with Asha, โ€œdue to Asha being transferred shortly before a search warrant was executed on Natural Bridge Zoo.โ€

This request required the Virginia search warrants be โ€œdomesticatedโ€ to apply in Florida.

โ€œI presented the probable cause information VAGO [Virginia attorney generalโ€™s office] provided to me to the appropriate State attorneyโ€™s office and was told there was not enough evidence for the search warrants,โ€ Holmes wrote.

This single sentence gives a hint as to the breadth of the Virginia investigation and raises questions as to why the Virginia warrants werenโ€™t recognized in Florida.

This is a mystery that may not be solved. The Florida stateโ€™s attorney โ€” the equivalent of our commonwealthโ€™s attorney โ€” for the county where Asha went is Brian Kramer. A spokesperson for Kramer told Cardinal his office had no record of any such request. That doesnโ€™t rule out some informal request that wasnโ€™t logged.ย 

A spokesperson for the Florida Fish and Wildlife Commission also did not offer any comment and said the agency would let the report stand as it is.

In Virginia, Roanoke Commonwealthโ€™s Attorney John McNeil, who is not involved in the case, said โ€œitโ€™s highly unusualโ€ for one state not to recognize anotherโ€™s search warrants.

A Florida attorney who specializes in animal law but isnโ€™t involved in the case also found the refusal unusual. โ€œStates generally have a recognized duty to cooperate with one another in law enforcement matters,โ€ Ralph DeMeo said by email. โ€œHowever, declining a warrant is not unprecedented, as it is ultimately the state attorney who will decide whether to act or not.โ€ย 

He went on to say: โ€œAn out-of-state search warrant has no legal force in Florida on its own; it must be โ€˜domesticated,โ€™ meaning a Florida judge must independently find probable cause and issue a new warrant under Florida law. The local state attorney serves as a gatekeeper in that process, and if the state attorney concludes the evidence is insufficient to meet Floridaโ€™s probable cause standard, they may decline to bring the matter before a judge.โ€

A statement by the group Free All Captive Elephants said: โ€œFACE does not know the circumstance behind the State Attorneyโ€™s decision. However, we can say that we were not surprised as Florida authorities historically, turn a blind eye to exotic animal abuse and neglect. They leave these matters to the FWC whose investigators are woefully under-educated on the needs of animals like elephants or they just donโ€™t care or both.โ€

Miyares, whose office sought the search warrant, said he could not comment even though heโ€™s out of office because the matter is still under investigation. His successor, Jones, is now subject to a gag order that a Rockbridge County judge has imposed on all parties in the Natural Bridge Zoo case and canโ€™t comment.

That means we donโ€™t know whether Virginia authorities were ever able to search the phone records of Zerbini and Wilson โ€” or whether they were able to obtain the veterinary records on Asha.

Asha is no longer in Florida. In July, she was transferred to the Elephant Sanctuary in Tennessee. Itโ€™s unclear what prompted that move, which was hailed by animal rights groups. The Elephant Sanctuary and multiple state and federal agencies have declined comment, citing an ongoing investigation.

Coming Tuesday: When Natural Bridge Zoo moved its elephant to Florida, officials there said the transfer violated state law but charged no one.

Yancey is founding editor of Cardinal News. His opinions are his own. You can reach him at dwayne@cardinalnews.org...