Animal Fighting: Related Cases
|State v. Crosswhite||273 Or. App. 605 (2015)||After being tipped off about a dog fight, authorities seized several dogs from a home. Defendant was charged with one count of second-degree animal abuse and four counts of second-degree animal neglect. After the presentation of the state's evidence in circuit court, defendant moved for a judgment of acquittal on all counts, arguing, as to second-degree animal neglect, that the state had failed to present sufficient evidence from which a jury could conclude that defendant had custody or control over the dogs. Circuit court denied the motion and defendant was convicted on all counts. Defendant appealed the denial of the motion, again arguing that the state failed to prove that he had “custody or control” over the dogs. The appeals court concluded that the plain text and context of ORS 167.325(1), together with the legislature's use of the same term in a similar statute, demonstrated that the legislature intended the term “control” to include someone who had the authority to guide or manage an animal or who directed or restrained the animal, regardless if the person owned the animal. Given the facts of the case, the court concluded that based on that evidence, a reasonable juror could find that defendant had control over the dogs, and the trial court had not erred in denying defendant’s motion for judgment of acquittal.|
|People v. Cumper||268 N.W.2d 696 (Mich. 1978)||
Defendant was convicted under MCL 750.49 for being a spectator at a dog fight. He argued on appeal that the statute was impermissibly vague and unconstitutionally overbroad, for punishing an individual for mere presence at a dog fight. The court disagreed, finding that the statute was neither vague nor overbroad because it did not punish the mere witnessing of a dog fight, but attendance as a spectator to a legally prohibited dog fight. For more, see Detailed Discussion .
|Zuniga v. San Mateo Dept. of Health Services (Peninsula Humane Soc.)||267 Cal.Rptr. 755 (1990)||
In this California case, the owner of a dog that had been seized pending criminal dogfighting charges sought a writ of mandate challenging a county hearing officer's decision finding that puppies born to the dog while she was impounded were dangerous animals. The trial court denied the writ. The Court of Appeal reversed and held that there was insufficient evidence that the puppies were “dangerous animals." The evidence received by the hearing officer relates mainly to appellant's actions and his mistreatment of the parent animal, and the only evidence relevant to the puppies' “inherent nature” was the observed aggressive behavior toward each other while caged together and certain possible assumptions about their nature from the condition and use of their mother.
|Barton v. State||253 Ga. 478 (1984)||
Four defendants were convicted of dog fighting in violation of O.C.G.A. § 16-12-37 and they were also convicted of gambling in violation of O.C.G.A. § 16-12-21(a)(1) . On appeal, the court rejected the constitutional attacks on § 16-12-37. The court affirmed the convictions only with respect to one defendant and reversed the convictions as to the remaining three defendants based upon the sufficiency of the evidence.
|Moody v. State||253 Ga. 456 (1984)||
Fifty-nine defendants appealed a judgment, which overruled a motion quash an indictment charging defendants with violating the dogfighting statute, O.C.G.A. § 16-12-37 . The court ruled the statute was not unconstitutionally overbroad, and that it required knowing and consensual involvement in dogfighting, therefore intent. The court further ruled that the law prohibited participation by gambling on the act, and the statute did not infringe on constitutionally protected conduct.
|Hargrove v. State||253 Ga. 450 (1984)||
Defendants were convicted by the Mitchell Superior Court, Robert Culpepper, Jr., Senior Judge, of dogfighting and gambling and two of the defendants were convicted of commercial gambling, and they appealed. The Supreme Court, Clarke, J., held that: (1) the statute prohibiting dogfighting is not unconstitutionally vague, and does not violate equal protection; (2) penalty provided for violating the dogfighting statute does not amount to cruel and unusual punishment; (3) evidence was sufficient to support convictions; (4) dogfighting is not as a matter of law a lesser included offense of commercial gambling; and (5) dogfighting was not as a matter of fact a lesser included offense of commercial gambling.
|Stephens v. State||247 Ga. App. 719 (2001)||
Defendant was accused and convicted of 17 counts of cruelty to animals for harboring fighting dogs in deplorable conditions. Defendant challenged the sufficiency of the evidence and the probation terms. The appellate court found, in light of the evidence, any rational trier of fact could have found the elements of cruelty to animals beyond a reasonable doubt. Further, defendant failed to overcome the presumption that the probation the trial court imposed was correct.
|People v. Beam||244 Mich.App. 103 (2000)||
Defendant was charged with owning a dog, trained or used for fighting, that caused the death of a person and filed a motion to dismiss the case on the grounds that M.C.L. § 750.49(10); MSA 28.244(10) was unconstitutionally vague. The court granted defendant's motion, finding the terms "without provocation" and "owner" to be vague, and dismissed the case. The prosecutor appealed, and the Court of Appeals held that statute was not unconstitutionally vague. Reversed.
|Brackett v. State||236 S.E.2d 689 (Ga.App. 1977)||
In this Georgia case, appellants were convicted of the offense of cruelty to animals upon evidence that they were spectators at a cockfight. The Court of Appeals agreed with the appellants that the evidence was insufficient to support the conviction, and the judgment was reversed. The court found that the statute prohibiting cruelty to animals was meant to include fowls as animals and thus proscribed cruelty to a gamecock. However, the evidence that defendants were among the spectators at a cockfight was insufficient to sustain their convictions.
|State v. Nelson||219 P.3d 100 (Wash.App. Div. 3, 2009)||
Defendants in this Washington case appeal their convictions of animal fighting and operating an unlicensed private kennel. They contend on appeal that the trial judge abused her discretion by allowing an expert from the Humane Society to render an opinion on whether the evidence showed that the defendants intended to engage in dogfighting exhibitions. The Court of Appeals held that the judge did not abuse her discretion in admitting the expert's opinion. The opinions offered by the expert were based on the evidence and the expert's years of experience. The court found that the expert's opinion was a fair summary and reflected the significance of the other evidence offered by the prosecution. Further, the expert's opinion was proffered to rebut defendants' contention that the circumstantial evidence (the veterinary drugs, training equipment, tattoos, etc.) showed only defendants' intent to enter the dogs in legal weight-pulling contests. Defendants convictions for animal fighting and operating an unlicensed private kennel were affirmed.
|Slavin v. United States||2005 WL 742707 (8th Cir. 2005)||
An Arkansas woman who raises gamefowl brought an action challenging the constitutionality of the Animal Welfare Act which prohibits the interstate transportation of birds for the purposes of fighting. The trial court dismissed the woman's claim and the Court of Appeals affirmed holding the statute is not vague.
|People v. Lee (Unpublished)||2004 WL 2914207 (Mich. App.) (Unpublished)||
Known and suspected dogfighters, Roderick Lee, Shedrick Lee, and Demar Garvin were jointly tried before a single jury for drug-related offenses. The jury convicted each defendant of conspiracy to deliver or possess with intent to deliver 650 or more grams of a controlled substance. The trial court sentenced each defendant to a prison term of 30 to 60 years. Defendants appealed on equal protection grounds, on grounds of ineffective assistance of counsel, on grounds of insufficient evidence and of improper admission of prejudicial and/or irrelevant evidence, on grounds of improper jury instruction, and further argued that they were entitled to resentencing. The appellate court confirmed the convictions and sentences.
|People v. McCree||2002 WL 276134 (Cal. 2002)||
Defendant was convicted, after a jury trial, of eight counts of possession and training of a
fighting dog and two counts of causing a dogfight
for gain. Defendant appealed. The Court of Appeal, held that: (1) prosecutor's cross-examination of defense witness was proper; (2) prosecutor's closing arguments were proper; and (3) evidence supported the convictions.
|State v. Woods||2001 WL 224519 (Ohio App. 10 Dist.)||Defendant was indicted on three counts of aggravated murder, one count of attempted aggravated murder, one count of aggravated burglary, one count of aggravated robbery, and one count of kidnapping in an incident following a dogfight. Following a jury trial, d efendant was found guilty of aggravated burglary, aggravated robbery and kidnapping. The court reversed and remanded the case to the trial court.|
|State v. Scott||2001 Tenn. Crim. App. LEXIS 561||The appellant pled guilty to one count of animal fighting, one count of cruelty to animals, and one count of keeping unvaccinated dogs, and asked for probation. The trial court denied the appellants request for probation and sentenced him to incarceration. The appellant challenged the trial court's ruling, and the appellate court affirmed the trial court's decision to deny probation, stating that the heinous nature of the crimes warranted incarceration.|
|People v. Parker (Unpublished)||1999 WL 33435342 (Unpublished Mich. 1999)||
Defendants-appellees, who were bound over on the charge of knowingly attending an animal fight and of knowingly organizing, promoting, or collecting money for the fighting of an animal, filed a motion to suppress evidence and motions to quash the information. The trial court granted the motions and dismissed the case. The prosecution appealed and the appellate court found that there was sufficient evidence to create an issue of fact, and that evidence that had been obtained in violation of defendant Parker's Fourth Amendment rights was admissible against all defendants except Parker. Finally, as to the defendants' challenge that the statute was unconstitutionally vague and overbroad, the court declared that it had already determined that the language was neither vague nor overbroad. Reversed and remanded for trial.
|State v. Weeks||1992 Ohio App. LEXIS 1090||Defendant was convicted of violating Ohio's animal fighting statute, and appealed. He challenged the conviction, arguing that the statute was unconstitutionally vague and overbroad. The court upheld the conviction. The court ruled that although a portion of the statute was overly vague and broad, that portion was severable from the remainder. The court also held that defendant did not demonstrate that the statute was unconstitutional as applied to him.|
|Maloney v. State||1975 OK CR 22 (Ok. App. 1975)||
The State charged defendant with maliciously placing a dog in a pit with another dog and encouraging the dogs to fight, injure, maim, or kill one another. The trial court convicted defendant of cruelty to animals pursuant to Okla. Stat. tit. 21, § 1685 (1971) and fined defendant. Defendant appealed. On appeal, the court held that Okla. Stat. tit. 21, § 1682 (1971) was constitutional as applied to the case but reversed and remanded the case because the court determined that the defendant had been improperly convicted under the anti-cruelty statute rather than the dogfighting statute.
|Carpenter v. State||18 N.E.3d 998 (Ind. 2014)||After being convicted by a Superior Court bench trial and having the Superior Court’s judgment affirmed by the Court of Appeals, defendant appealed the admission of evidence recovered from his home after officers entered it without a warrant in pursuit of an aggressive and bloody dog. The Supreme Court of Indiana found that the entry was unreasonable under the Indiana Constitution and that the evidence obtained pursuant to a subsequent search warrant was inadmissible. The Superior Court's judgment was therefore reversed.|
|People v. Richardson||155 A.D.3d 1595, 66 N.Y.S.3d 757 (N.Y. App. Div. 2017), leave to appeal denied, 30 N.Y.3d 1119 (2018)||In this New York case, defendant appeals from a three-county felony animal fighting conviction. Defendant's dog fighting activities came to light when police were dispatched to defendant's residence after defendant's wife reported a burglary in progress. Upon entry by consent, police found, in plain view, a wounded dog in a cage, several modified treadmills for use by dogs, blood on a water heater, and apparent dogfighting paraphernalia. After seeking a search warrant, the items were photographed and other evidence (supplements, training sticks, etc.) was collected. On appeal, the court rejected defendant's argument that the trial court erred by refusing to suppress all of the physical evidence as fruit of the poisonous tree. The court noted that the dogfighting paraphernalia were observed in plain view by responding policy officers. Additionally, police officers remaining at the house after the protective sweep to prevent the destruction of evidence while the search warrant was issued did not render the search unlawful. Viewing the evidence in the light most favorable to the prosecution, the court concluded that the evidence was sufficient to establish that defendant intended to engage in dogfighting and that the dogs were deprived of medical treatment. In addition to the paraphernalia and collection of literature on dogfighting, defendant's dogs had extensive scarring and healing consistent with dogfighting and inconsistent with defendant's proffered "cat-scratch" and "broken window" explanations. Defendant's convictions and judgment of sentence were affirmed.|
|People v. Williams||15 Cal. App. 5th 111 (Cal. Ct. App. 2017), reh'g denied (Sept. 20, 2017)||In this case, defendants were convicted of felony dog fighting and felony animal cruelty. On appeal, defendants sought to suppress evidence and to quash and traverse the search warrant that led to their convictions. Police officers responding to a report of a thin, loose, horse near the defendants' home entered the property in order to make reasonable attempts to secure the loose horse and determine if there was a suitable corral on the property. The officers knew there had been prior calls to the property in response to reported concerns about the conditions of horses and pit bulls on the property. Further, one officer heard puppies barking inside the home when she knocked on the door trying to contact defendants, and another officer heard a dog whining from inside the garage. There were strong odors of excessive fecal matter reasonably associated with unhealthful housing conditions. Under those circumstances, it was reasonable for the officers to be concerned there was a dog in distress inside the garage and possibly in need of immediate aid, and the court found there was nothing unreasonable about one officer standing on the front driveway and simply looking through the broken window in the garage door to determine whether the dog he heard making a whining bark was in genuine distress. Nor was it unreasonable for the officers to then proceed to the back yard after having looked in the garage. As a result, the court ruled that the information the officers had justified the issuance of the search warrant, and thus the order denying the motion to suppress evidence and to quash and traverse the warrant was affirmed. The defendants' judgments of conviction were also affirmed.|
|State v. Arnold||147 N.C. App. 670 (N.C. App. 2001)||
Defendant appealed from a conviction of participating as a spectator at an exhibition featuring dog fighting alleging that the statute under which he was convicted is unconstitutionally vague, overbroad and an invalid exercise of police power. The appellate court found the statute to be constitutional. Defendant also argued that the trial court erred in failing to dismiss the charge for insufficient evidence, however the appellate court found that there is substantial evidence to support the conviction.
|People v. Baniqued||101 Cal.Rptr.2d 835 (Cal.App.3 Dist.,2000).||
Defendant appealed from a judgment of the Superior Court of Sacramento County, California, ordering their conviction for cockfighting in violations of animal cruelty statutes. The court held that roosters and other birds fall within the statutory definition of "every dumb creature" and thus qualify as an "animal" for purposes of the animal cruelty statutes.
|People v. Berry||1 Cal. App. 4th 778 (1991)||
In a prosecution arising out of the killing of a two-year-old child by a pit bulldog owned by a neighbor of the victim, the owner was convicted of involuntary manslaughter (Pen. Code, § 192, subd. (b)), keeping a mischievous animal (Pen. Code, § 399), and keeping a fighting dog (Pen. Code, § 597.5, subd. (a)(1)). The Court of Appeal affirmed, holding that an instruction that a minor under the age of five years is not required to take precautions, was proper. The court further held that the trial court erred in defining "mischievous" in the jury instruction, however, the erroneous definition was not prejudicial error under any standard of review. The court also held that the scope of defendant's duty owed toward the victim was not defined by Civ. Code, § 3342, the dog-bite statute; nothing in the statute suggests it creates a defense in a criminal action based on the victim's status as a trespasser and on the defendant's negligence.
|Queen v. State||--- So.3d ----, 2021 WL 4471099 (Miss. Sept. 30, 2021)||Defendant Tommie Queen was convicted of three counts of dog fighting contrary to Mississippi law. The resulting conviction began with in 2017 after a sheriff's officer received a call about dogs barking and possibly fighting. After being dispatched to defendant's property, the officer encountered multiple dogs on chains and dogs that were actively fighting each other. The officer obtained a search warrant and seized numerous items including heavy logging chains, bite sticks, intravenous (IV) bags containing saline, medicine bottles, vials of vitamins, muscle milk and other muscle-building items, several scales, and a treadmill. Approximately five or six badly injured dogs were taken to a veterinarian and humanely euthanized. The veterinarian visited the property the next day and euthanized three more dogs that were seriously injured. Defendant was convicted on three of the nine indicted counts of animal fighting and sentenced to three years on each count to run consecutively. On appeal here, defendant raised three issues: (1) whether the trial court erred by tendering Kyle Held as an expert in the field of animal cruelty and dog fighting; (2) whether the State presented sufficient evidence to convict Queen of dog fighting; and (3) whether the trial court erred by denying Queen's motion to recuse. As to the first issue on qualification of the expert witness, the proffered expert, Kyle Held, had been employed by the ASPCA for approximately ten years as the director of investigations. Not only was Held certified by the National Animal Control Association, but he had investigated dog fighting operations "probably a few hundred" times according to his testimony. This included the largest organized dog fighting seizure in history. Moreover, Held indicated he testified in approximately 100 animal cruelty or animal fighting cases and has been qualified as an expert six times in previous dog fighting cases. While defendant argued that Held should not be qualified as an expert because he did not hold any college degrees, this court found that argument without merit. Defendant's second argument challenged the sufficiency of the prosecution's evidence to support conviction. In particular, defendant notes that the evidence was only circumstantial and no direct evidence showed that defendant was present when the dogs were fighting and injured. However, the court noted that defendant did not dispute that he was the owner of the property where the dogs were recovered (and over 40 other dogs found) and evidence of dog fighting (heavy logging chains, bite sticks, intravenous bags, scales, weight gain powders, treadmills, etc.) were found there. Based on Held's observations, training, and experience, Queen's property was used as a dog-fighting training yard. Further, the veterinarian who performed euthanasia on the dogs testified that there were bite wounds consistent with dog fighting This Court observed that it previously recognized that things like treadmills, dietary supplements, and break sticks of indicative of dog fighting enterprises. Finally, the way the dogs were tied out in the yard with the chains and minimal space between the dogs is “typical on almost every yard that [he] had been on” and was indicative of dog fighting training. Defendant's last contention is that the trial court erred by denying his motion for recusal because Judge Debra Blackwell was previously employed as an assistant attorney general in the district where defendant's indictment was returned. The court found no evidence that created a reasonable doubt as to the validity of the presumption that Judge Blackwell was both qualified and unbiased. Defendant's convictions and sentences were affirmed.|
|State v. Crew||--- S.E.2d ----, 2022 WL 151341 (N.C.App.,2022)||Defendant Daniel Crew appealed his convictions for dogfighting, felony cruelty to animals, misdemeanor cruelty to animals, and restraining dogs in a cruel manner. Crew also challenges the trial court's restitution orders totaling $70,000, which the trial court immediately converted to civil judgments. The arrest and conviction of defendant stemmed from an investigation at defendant's residence, where 30 pit bulls were recovered with injuries "similar to injuries a dog would sustain through dogfighting." In addition, publications and notes on preparing for a fight were found, as well as dogfighting training equipment such as a "jenny," staging area for fights, and weight scales for weighing dogs. The State charged Crew with fifteen counts of engaging in dogfighting, one count of allowing property to be used for dogfighting, five counts of felony cruelty to animals, twenty-five counts of misdemeanor cruelty to animals, and sixteen counts of restraining dogs in a cruel manner. Ultimately, Crew was convicted by the jury of eleven counts of dogfighting, three counts of felony cruelty to animals, fourteen counts of misdemeanor cruelty to animals, and two counts of restraining dogs in a cruel manner. The trial court imposed six consecutive active sentences of 10 to 21 months each along with several suspended sentences. The trial court also ordered Crew to pay Orange County Animal Services $10,000 in seven separate restitution orders that were then entered as civil judgments, totaling $70,000 in restitution (testimony at trial indicated that the cost to house the dogs alone was a "a littler over $80,000"). Defendant appealed his criminal judgment and petitioned for a writ of certiorari for the award of restitution entered as civil judgments. On appeal, this court rejected defendant's claim that there was insufficient evidence of dogfighting. The police found training equipment, medication commonly used in dogfighting operations, and a dogfighting "pit" or training area as well as the notes preparing dogs to fight. A reasonable juror could have concluded that Crew intended to engage in dogfighting. However, as to the restitution order converted to civil judgments, the court found that the trial court lacked the statutory authority to immediately convert those restitution orders into civil judgments. The court found no error concerning the criminal convictions, but vacated the conversion of the restitution to civil judgments against defendant.|
|Club Gallistico de Puerto Rico Inc. v. United States||--- F.Supp.3d ----, 2019 WL 5566322 (D.P.R. Oct. 28, 2019)||Club Gallistico de Puerto Rico, Inc. (Club Gallistico) and the Asociacion Cultural y Deportiva del Gallo Fino de Pelea (Asociacion Cultural) both filed civil complaints against the United States Government. The complaints alleged that the Section 12616 amendments to the Animal Welfare Act (AWA) violated bedrock principles of federalism and rights protected under the United States Constitution. Both Club Gallistico and Asociacion Cultural are both non-profit organizations involved in the Commonwealth of Puerto Rico’s cockfighting industry. The amendments to the AWA outlawed all animal fighting ventures in which animals were moved in interstate or foreign commerce in every United States jurisdiction. These amendments extended the ban to United States territories which the Plaintiffs argued the United States did not have the authority to do. Both cases were consolidated and heard by the District Court. The Court analyzed the amendments under the Federalism doctrine, the Commerce Clause, and the Territorial Clause. Extending the ban on live-bird fighting did not violate either of the three. Further, the amendments did not violate the Tenth Amendment to the United States Constitution or any other constitutional rights such as free speech or due process. The Court ultimately denied the Plaintiffs’ Motion for Summary Judgment and Granted Defendant United States’ Cross-Motion for Summary Judgment.|
|Commonwealth v. Baumgartner||--- A.3d ----, 2019 WL 1010357 (Mar. 4, 2019)||Appellant Charles Baumgartner was charged and convicted of animal fighting for amusement or gain as a result of an incident that occurred on March 9, 2017. Baumgartner brought his white pit pull named "Menace" to fight a pit bull that belonged to Adam Aviles. Police learned of the dog fight after being informed a video of the fight had been uploaded to social media. Baumgartner was ultimately charged with animal fighting and assaulting Mr. Aviles, but was convicted by jury only of animal fighting. On appeal, Baumgartner contends that his conviction should be set aside because the Commonwealth failed to present any evidence of amusement or gain as required by statute. As a matter of first impression, this Court considered the term "amusement or gain" as an element of the animal fighting, which is undefined in the anti-cruelty laws. The court found that no cases or other jurisdiction defines the term with respect to animal fighting, and thus, under principles of statutory interpretation, relies on the common usage and dictionary definitions. The court found that there was sufficient evidence admitted a trial for the jury to find beyond a reasonable doubt that Baumgartner allowed his dog to engage in animal fighting for amusement or gain, i.e., for “pleasurable diversion” or “advantage acquired or increased.” The Court concluded that Baumgartner facilitated the dog fight as a means of retribution against Aviles for a prior dog fighting incident. Therefore, his motive was personal gain. Accordingly, the Court affirmed Baumgartner’s conviction. Judge Pellegrini dissented stating that she does not believe that retribution is the type of amusement or gain within the meaning of the statute. She interprets the statute as outlawing animal fighting as a sport rather than all animal fights.|
|People v. Zamora||--- N.E.3d ---- 2020 IL App (1st) 172011||Defendant Juan Zamora was found guilty of failing to provide humane care and treatment for, and abusing, his 10 dogs in violation of the Humane Care for Animals Act. On appeal, defendant argues the evidence was insufficient to sustain his convictions because the it generally showed that he treated his dogs well and they had not sustained physical or psychological injuries. Additionally, he argues that section 3(a)(4) of the act, which criminalizes the failure to provide “humane care and treatment,” is unconstitutionally vague. The conviction stems from defendant's conduct with his 10 pit bull type dogs. When the investigating officer executed a search warrant on defendant's residence, they found the ten dogs heavily chained in the basement standing on newspaper completely saturated with feces and urine, along with breeding harnesses and training treadmills indicative of dog fighting. In challenging the sufficiency of the evidence, defendant suggests the evidence showed he was a "considerate dog owner with healthy dogs." However, the court was unconvinced, finding the slates of the metal and wooden makeshift cages were not appropriate for indoor or outdoor housing. Further, the accumulation of dog waste also supported the officer's testimony and the presence of dog fighting supplies supported a conclusion that "defendant's treatment of the dogs reflected something other than mere companionship." As to the vagueness challenge, the court found that defendant did not demonstrate that section 3(a)(4) fails to sufficiently enable a person of ordinary intelligence to understand what conduct the statute criminalizes or that it fails to provide police officers and the courts explicit standards. In fact, the court found that "defendant did not demonstrate compassion, sympathy or consideration for the dogs when he failed to provide an adequate habitat or ensure that bodily waste did not accumulate" and that this conduct fell squarely in the conduct addressed by the law. Thus, the court affirmed the lower court's judgment and rejected defendant's claims on appeal.|