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Case ID: 10106

Classification: Neglect / Abandonment, Fighting

Animal: dog (pit-bull)

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Case #10106 Rating: 2.3 out of 5

Dog neglect, fighting suspected - 19 seized
Battle Creek, MI (US)

Incident Date: Wednesday, Nov 15, 2006
County: Calhoun

Charges: Misdemeanor
Disposition: Convicted
Case Images: 1 files available

Defendant/Suspect: James Leonard Kellay

Case Updates: 14 update(s) available

James Leonard Kellay has been charged with multiple counts of animal fighting and animal cruelty after police found 19 pit bulls at his home on November 15.

According to reports, investigators seized the dogs from Kellay's home on P Drive North in Bedford Township after receiving a tip from a hunter.

The dogs reportedly had no food and were living in plastic barrels. They are now being held at the Calhoun County Animal Shelter but police say they will likely have to be put down.

Police said they found evidence that the dogs had been used for fighting.

If convicted on all counts, Kellay could be sentenced to up to four years in prison.

Case Updates

A Battle Creek man convicted of animal cruelty after police seized 19 pitbull dogs on his Bedford Township property has been sentenced to probation.

James Kellay, 40, was placed on probation for 18 months and fined $1,370 Thursday after being convicted in April by a Calhoun County Circuit Court jury of three misdemeanor counts of animal cruelty and four counts of having an unlicensed dogs.

Kellay was charged after police raided his home and seized the dogs and several pieces of equipment which investigators alleged was being used to train the dogs for fighting.

Kellay denied he used the dogs for fighting and a jury found him not guilty in April of three felony counts of possession of fighting dogs.

At his sentencing today, Kellay told Circuit Judge Allen Garbrecht that he loves the American Pit Bull Terrier and �I am embarrassed and humiliated in being convicted of not providing adequate care.�

Source: The Battle Creek Enquirer - May 31, 2007
Update posted on Jun 1, 2007 - 12:32PM

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A Battle Creek American pit bull terrier owner was acquitted Friday of having fighting dogs.

A Calhoun County Circuit Court jury found James Kellay, 40, not guilty of three felony counts of possession of fighting dogs.

The seven men and five women deliberated 21/2 hours and did find Kellay guilty of three misdemeanor counts of animal cruelty and three counts of having unlicensed dogs.

Kellay could be sentenced up to 93 days in jail and fined up to $1,000 for the conviction. He will be sentenced by Circuit Judge Allen Garbrecht on May 31.

Kellay declined comment, but his attorney, Richard Pattison said, "I am relieved the jury made a solid decision with regard to the felony charge.

"I wish we had been able to provide the jury with more information about the misdemeanor charges, and if the jury had been able to see pictures of the animals at the time they were seized, I believe there would have been a different outcome."

Investigators from the Battle Creek Police Department did not take photographs of each dog at the time they were seized Nov. 15 from Kellay's Bedford Township home, and Pattison argued to the jury that photos would have helped his client.

Prosecutor John Hallacy said the convictions show the jury carefully considered the case.

"But a conviction of dog fighting without catching them in the act is difficult," he said. "It is not done out front, and we need people to be our eyes and ears. It is a major issue in our community, and we want to control it."

Seventeen of the 19 dogs seized at the Kellay house have been held at the Calhoun County Animal Shelter at a cost of about $2,000 per month, and Hallacy said his office is expected to proceed on a forfeiture of the animals. If the animals are seized, animal control officers have said they will be euthanized.

That hearing is expected in the next few weeks.

In her closing statement Friday, Assistant Prosecutor Sarah Lincoln told the jury the dogs had scars which were from dog fighting and Kellay had the equipment used to train dogs for fighting and medications to repair injuries.

"You need to take all of the testimony as a whole and what is it a picture of? It is a picture of dog fighting."

Lincoln said Kellay was not showing dogs because several witnesses explained that animals with scars could not compete in that type of competition.

"We have 19 dogs with scars and in poor condition," she said. "The dogs can't be aggressive, and they can't have scars."

Lincoln said fighting dogs and Kellay's dogs are friendly with people but aggressive toward other dogs.

But Pattison said the evidence presented could mean Kellay was fighting dogs but just as easily suggest he was a dog owner with equipment necessary to train and show the animals.

"You don't have information to make a solid decision," Pattison told the jury.

He told jurors they wouldn't buy a car without seeing it or without knowing much about it.

"There is a lot of information that the prosecutor hasn't presented you," he said. "There is no evidence he has been at a fight, and the conditions of the dog do not support that they were being used for fighting.

"It's a maybe case, a possible case, a 'I believe' case," Pattison said. "You should consider all the evidence and the lack of evidence."

But Lincoln countered that officers did not take individual pictures of each dog and may not have answered all questions.

"I don't have to prove that the defendant was at a dog fight," Lincoln said. "Not every investigation is perfect, but that doesn't mean there isn't evidence.

"These dogs were being used for fighting, and when you put it all together there is only one reasonable conclusion."

Source: Battle Creek Enquirer - April 21, 2007
Update posted on Apr 21, 2007 - 1:45PM

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A Bedford Township man was not training dogs to fight, his attorney told a jury Tuesday.

"He didn't have a license for his dogs, but the other charges, he is absolutely not guilty," Attorney Richard Pattison said. "He didn't do the things with which he is charged. He does not fight dogs, and he did not attend a dog fight."

Pattison's client, James Kellay, is charged with three counts of possession of fighting dogs, three counts of animal cruelty and three counts of having unlicensed dogs.

Kellay, 40, was charged after Battle Creek police raided his home Nov. 15 at 3501 P Drive N. and said they found 19 American Pit Bull Terriers, which they allege had been used for fighting and, in some cases, were undernourished.

A Calhoun County Circuit Court jury began hearing evidence in the case Tuesday. Testimony continues today before Circuit Judge Allen Garbrecht. If convicted on all charges, Kellay faces up to four years in prison.

Animal Control Officer Ronda Burgess testified she received a tip about the dogs, which were kept behind the Kellay house and attached to a heavy chain.

Officers obtained a search warrant, and Burgess said besides the dogs, officers seized a treadmill, bite stick, medication, heavy collars, weight pulling harness, show ribbons, suture guns and information on breeding dogs.

Burgess told Assistant Prosecutor Sarah Lincoln that "all the items together pertains to dog fighting equipment."

Burgess said she believed the dogs were not being fed because they appeared thin, with rib cages and backbones showing.

The animals were friendly to people but attempted to attack each other, Burgess said.

During cross examination by Pattison, Burgess said there were bags of food in a storage garage, and she didn't find a fighting pit or any blood or other indication that dogs had been fighting on the property.

She conceded that most of the items by themselves could be used to train or exercise dogs and wouldn't necessarily be used for fighting.

Burgess and Lynette Lomason, owner of the Calhoun County Animal Shelter, where the dogs are being held, said they found scars on the dogs' faces, necks and front legs.

"Some were old scars and some were fresh," Burgess said.

But she told Pattison she didn't know where the dogs came from or how long Kellay had them.

Source: Battle Creek Enquirer - April 18, 2007
Update posted on Apr 18, 2007 - 12:10PM

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James L. Kellay is scheduled to go on trial April 17, 2007, at 8:30 a.m. in the 37th Circuit Court, located at 161 East Michigan Avenue, in Battle Creek, Michigan.

Kellay is charged with 11 counts, four of them felonies, for possession of fighting dogs, possession of dog-fighting equipment, animal cruelty, and having unlicensed dogs.

Kellay was charged after Battle Creek police found 19 pit bulls at his home in Bedford Township last November. Many of the animals reportedly possessed scars consistent with illegal animal fighting. Officials have alleged the dogs were found living in plastic barrels and had little or no food and water.

According to reports, police also found approximately 15 different drugs, many of which are used for the treatment of infection, pain or shock, along with a treadmill, food supplements, weight sled, and a bite stick, commonly used to separate the jaws of dogs in a fight.

If convicted on all counts, Kellay could face up to four years in prison.

Source: Docket # C069473
Update posted on Mar 22, 2007 - 6:59PM

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A Circuit Court conference has been scheduled for February 22, 2007, for accused dog-fighter James L. Kellay. Conferences are held in chambers, and the defendant will not appear in open court. It is anticipated that a trial date will be set at that time.

Source: Docket # C069473
Update posted on Feb 6, 2007 - 10:33PM

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A Battle Creek man was ordered Wednesday to stand trial on charges that he owned fighting dogs.
James Kellay, 40, faces up to four years in prison if convicted of three counts of possession of fighting dogs.
Calhoun County District Judge Frank Line found enough evidence to send the case against Kellay to the circuit court for trial despite arguments from defense attorney Richard Pattison.
Pattison said the evidence against Kellay does not mean he owned or trained dogs for fighting.
During testimony earlier this month, Battle Creek Police Department Animal Control Officer Mike Ehart said investigators found 19 pit bull terriers on Kellay's Bedford Township property and found equipment, including a weight sled, treadmill and medications that could be used to train and treat dogs used in fighting.
But Pattison argued that the equipment "could also be used for training and conditioning for dog shows."
He said the treadmill found in the garage, for example, might be to exercise dogs inside during bad weather.
Pattison compared Kellay to someone who likes fast cars that could be used for speeding.
"But just because you own a muscle car does not mean you are drag racing illegally," Pattison.
Assistant Prosecutor Rachel Knight said "when taken together the expert witness said those are items commonly used in dog fighting."
Knight also argued that testimony from Dr. Jeff LaHuis, a veterinarian, about scars and worn teeth on the dogs is evidence the dogs were used for fighting and were not show dogs.
But Pattison said that LaHuis also said fighting dogs likely would have injuries to their ears, and that was not found.
"These dogs had pristine ears so they had not been fighting," Pattison argued.
He also said prosecutors did not present any evidence that Kellay or any of the dogs were seen at dog fights.
"Think long and hard about what has not been proven," Pattison argued to Line.
But the judge said he found enough evidence to send the case to trial on three counts of possession of fighting dogs because of the scars and the evidence about the dogs' teeth and their aggression toward other dogs.
Line, however, reserved a decision on one count of possession of dog fighting equipment until lawyers could cite case law on the issue.
Kellay remains free on bond.

Source: The Battle Creek Enquirer - January 25, 2007
Update posted on Jan 29, 2007 - 2:29PM

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A Battle Creek man doesn't own pit bulls for dogfighting, his attorney said Thursday.

"The testimony presented today showed my client in possession of equipment that is suitable for training and dog-show purposes just as much as dogfighting purposes," attorney Richard Pattison said.

Pattison denied, after three hours of testimony in a Calhoun County District Court preliminary examination, that 19 dogs and animal training and treatment equipment found in November at the Bedford Township home of James Kellay, 40, were used for dogfighting.

Kellay is charged with 11 counts, four of them felonies, for possession of fighting dogs, dogfighting equipment, animal cruelty and having unlicensed dogs. If convicted on all counts, Kellay faces up to four years in prison.

After Assistant Calhoun County Prosecutor Sarah Lincoln called two witnesses, Pattison asked for an adjournment to consider if he will present evidence.

Judge Frank Line said the case will resume Jan. 24.

"They certainly were not bred for show," Dr. Jeff LaHuis, a veterinarian at Dickman Road Veterinary Clinic in Battle Creek testified.

LaHuis inspected the dogs after they were seized by Battle Creek police on Nov. 15.

"Several dogs had old scars and evidence of bite and puncture wounds," he said. "And a lot had very worn-down teeth, which seemed unusual," and might suggest the dogs were fighting. He believed the scars and aggressive behavior toward other dogs would prevent the animals from being shown.

When Pattison suggested the scars were caused when the dogs were used to hunt wild boars, LaHuis said wild pigs slash hunting dogs with their tusks, they don't bite.

Police also found about 15 different drugs, many used for treatment of infection, pain or shock, along with a treadmill, food supplements, weight sled, bite stick and a pry stick, used to separate the jaws of a dog that is biting something.

During cross examination, LaHuis acknowledged that dogs can wear their teeth on tennis balls, rocks and cages, and that bite poles, weight sleds and treadmills can be used to exercise and strengthen dogs.

After court adjourned, Pattison rebutted the prosecution argument.

"Testimony about alleged fighting scars is suspect," he said, "because it's hard to believe dogs could have scars to the face and forelimbs while not have any visible injuries to the ears."

LaHuis and Animal Control Officer Michael Ehart said ears of fighting dogs often are trimmed so they aren't injured during a fight, and both acknowledged that none of the dogs seized from Kellay had cropped or injured ears.

But Ehart said he was convinced that the dogs were used for fighting because of all the evidence found.

"When it is taken as a whole," Ehart said, "it shows me there is dogfighting possibly going on."

Pattison said Kellay won ribbons at pit bull shows sponsored by the American Dog Breeders Association in Michigan and other states and that the dogs can be shown despite scars and aggressive behavior.

"And I would challenge (Lincoln) to place my client or any of his dogs at a dogfight, ever," Pattison said. "She can't."

Source: Battle Creek Enquirer - Jan 12, 2007
Update posted on Jan 12, 2007 - 11:56AM

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A preliminary hearing is scheduled for Thursday, Jan. 11.

Source: WOOD TV - Jan 5, 2007
Update posted on Jan 6, 2007 - 12:07AM

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Dogs won't be returned to a Battle Creek man charged with fighting them.

An attorney for James Kellay argued in Calhoun County District Court on Thursday that one of 19 dogs seized Nov. 15 has died so the rest should be returned for their protection.

"One of them died while in the protection of the government," Attorney Richard Pattison told District Judge Frank Line. "I don't want to see anymore animals die needlessly."

Kellay, 40, is charged with 11 counts of possession of fighting dogs, possession of equipment for fighting dogs, animal cruelty and having unlicensed dogs. Battle Creek police seized the animals and equipment after a hunter saw the pitbulls in a back yard and notified authorities.

Pattison said the dogs, including four puppies, are being held at the Calhoun County Animal Shelter in Battle Creek and that one was euthanized after chewing its own leg.

Assistant Prosecutor Sarah Lincoln said the dogs are being held as evidence, which is not returned to a defendant while a case is pending.

"There is no requirement by law that evidence is returned to a defendant prior to trial," Lincoln said. She said the dog that died likely had problems before it was put in the shelter.

But Pattison said he wants to insure the dogs are protected as evidence for the defense.

"The prosecution is not allowed to destroy evidence and that is what is happening," he said. "It is to my client's benefit that the dogs are not destroyed. They don't die when they are with Mr. Kellay but they are dying when they are in the possession of the state."

But Line said since the dogs are considered evidence, they won't be returned to the defense.

The judge said the defense can view the dogs but they will be left in the custody of prosecutors.

Kellay faces up to four years in prison if convicted on all charges, and Pattison argued that prosecutors have not been specific in their allegations making it difficult to defend Kellay in a preliminary examination scheduled Thursday.

He argued the statute is vague and prosecutors have not defined the charges.

But Lincoln said Kellay is charged with possession of dogs for fighting and possession of equipment used for fighting dogs, including medical equipment and a treadmill.

Lincoln also said Pattison has been shown all police reports and evidence in the case, and Line said he is satisfied that the "state has narrowed down the information."

Source: Battle Creek Enquirer - Jan 5, 2007
Update posted on Jan 6, 2007 - 12:06AM

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James L. Kellay will be back in court January 4, 2007, at 3:00 p.m. for a motions hearing. It is anticipated that a trial date will be set at that time.

Source: Docket # C069473
Update posted on Jan 3, 2007 - 11:32AM

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A preliminary examination Monday for a man charged with possession of fighting dogs has been postponed.

James Kellay, 40, is charged with 11 counts, four of them felonies for alleged possession of the dogs and of equipment to train them as well as misdemeanors for animal cruelty and having unlicensed dogs. If convicted on all charges, he faces up to four years in prison.

On Friday defense attorney Richard Pattison and Assistant Calhoun County Prosecutor Sarah Lincoln agreed to adjourn the hearing before District Judge Frank Line.

�It�s my understanding from the prosecutor�s office that the investigation from their end is not complete, and we have agreed to adjourn the preliminary examination,� Pattison said.

Both he and Lincoln said a forfeiture hearing for the animals, also scheduled Monday, also has been postponed. No new dates were immediately scheduled.

Kellay was charged after Battle Creek police found 19 pit bull dogs at his home in Bedford Township. Police said they also found equipment and medications used to train and treat dogs used for fighting.

The dogs are being held at the Calhoun County Animal Shelter in Battle Creek.

Pattison has declined to comment on the charges and only said Friday that �I am continuing my efforts to educate myself in this area of the law and investigate the facts of this case.�

Source: Battle Creek Enquirer - Dec 8, 2006
Update posted on Dec 9, 2006 - 12:39PM

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A Battle Creek man alleged to have fighting dogs will be back in court next week after his arraignment Tuesday.

James L. Kellay, 40, was arraigned on 11 charges when he appeared before Calhoun County District Court Judge Samuel Durham.

Kellay is charged with three counts of possession of fighting dogs, possession of equipment used for fighting dogs, three counts of animal cruelty and four counts of having unlicensed dogs.

If convicted on all charges, Kellay faces up to four years in prison. He also is charged with being an habitual offender because of a 1995 conviction of resisting police.

Defense attorney Richard Pattison declined comment.

Kellay was arrested after Battle Creek police said they seized 19 pit bull dogs at Kellay's home in Bedford Township on Nov. 15.

Officials have alleged the dogs were found living in plastic barrels and had little or no food or water.

The dogs were taken to the Calhoun County Animal Shelter where officials said they found evidence that the dogs had been involved in fighting.

At the arraignment Tuesday, Durham continued a $5,000 personal recognizance bond and ordered that Kellay not have any animals other than two pet goats and a terrier.

A preliminary examination was scheduled for Monday.

Source: Battle Creek Enquirer - Dec 6, 2006
Update posted on Dec 8, 2006 - 11:41AM

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A Calhoun County man is charged with animal fighting and animal cruelty after police found 19 pit bulls at his home last month. James Leonard Kellay pleaded not guilty to 11 counts against him this morning.

Investigators seized dogs from Kellay's home in Bedford Township after receiving a tip from a hunter.

The dogs had no food and were living in plastic barrels. They are now being held at the Calhoun County Animal Shelter but police say they will likely have to be put down.

Source: WWMT - Dec 5, 2006
Update posted on Dec 5, 2006 - 10:12PM

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A Battle Creek man will be in court next week after his arrest stemming from the investigation of dog fighting.

James L. Kellay, 40, was arrested Wednesday by Battle Creek police on an 11-count warrant alleging three counts of possession of fighting dogs, one count of possession of animal fighting equipment, three counts of animal cruelty and four counts of having unlicensed dogs.

If convicted on all counts, Kellay could be sentenced up to four years in prison.

Kellay was released Wednesday on a $5,000 personal recognizance bond and his arraignment is scheduled Dec. 5 in Calhoun County District Court, according to court records.

The charges were sought after police said they found 19 pitbull dogs without food or much water at Kellay home on P Drive North in Bedford Township.

Police said they found evidence that the dogs had been used for fighting.

The pitbulls are being held at the Calhoun County Animal Shelter. The City of Battle Creek is seeking forfeiture of the animals and said they will be destroyed because they are trained to fight and can�t be adopted.

Source: Battle Creek Enquirer - Nov 27, 2006
Update posted on Nov 27, 2006 - 2:37PM

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Dog neglect, fighting suspected - 19 seizedBattle Creek, MI (US)

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Dog neglect, fighting suspected - 19 seized
Battle Creek, MI (US)