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Case ID: 15578
Classification: Fighting
Animal: dog (pit-bull)
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Case #15578 Rating: 3.8 out of 5



Dog-fighting - 20 dogs seized
Lenawee, MI (US)

Incident Date: Wednesday, Jun 17, 2009
County: Lenawee

Charges: Misdemeanor, Felony CTA
Disposition: Convicted

Defendants/Suspects:
» Joshua Gates
» B. Jay Rodriguez
» Martin Phillips

Case Updates: 10 update(s) available

Twenty pit bull terriers alleg­edly being trained for dogfighting were seized Wednesday from two locations in Lenawee County as part of a federal investigation.

A section of the Lenawee Humane Society shelter in Adrian is filled with 11 of the dogs, some of them badly scarred on their faces and legs. Nine other dogs were temporarily taken in by private individuals who volunteered to help, said Sheriff Jack Welsh.

The dogs are to remain in custody locally while an investigation is continued by the law enforcement arm of the U.S. Department of Agriculture. Court action to determine their fate is expected to begin soon. One man in Lenawee County was arrested during raids Wednesday on an unrelated charge, Welsh said.

Welsh said he became aware only Tuesday that federal agents had targeted two locations in Lenawee County where it is believed pit bulls were being trained and sold.

"I was kind of shocked when they came in and said what they wanted," Welsh said. There have been tips and rumors for years about dogfighting activity in the county, he said, but nothing has developed into the type of enforcement action that that was carried out Wednesday.

The USDA's Office of Inspector General, which conducts federal investigations of dogfighting across the country, developed evidence against the two dog owners in Lenawee County. There was also a raid in Bad Axe where about 30 dogs were seized. The investigation also involved operations in other states.

"There were no indications that any fighting was was taking place here," said Lenawee County Undersheriff James Anderson. But training equipment that includes tread mills and sticks used to separate dogs were seized at the two local sites along with other equipment and accessories used in dogfighting.

Sheriff's deputies and animal control officers, Michigan State Police from the Adrian post, Madison Township police and officers from the OMNI drug investigation team helped two USDA agents in executing search warrants authorized by a Lenawee County District Court judge.

Pit bull dogs were seized from rural homes in Madison and Ogden townships. At one home they were chained outside to separate dog houses.

Small amounts of illegal drugs were also reported seized.

The Humane Society of the United States announced that it assisted with the investigation leading to Wednesday's raids. The HSUS said it provided assistance on scene with evidence collection and seizure, and the Michigan Humane Society and Missouri Humane Society helped handle dogs on the scene.

Welsh said those agencies assisted in Bad Axe while local police, Lenawee Humane Society staff and volunteers provided support here.

Welsh and Humane Society staff members petted dogs that seemed eager for affection during a visit to the shelter Thursday. But it is unlikely the seized dogs could be offered for adoption, said Bonnie Tancredi, executive director of the Lenawee Human Society. Tancredi said their docile behavior in the cages could suddenly change on a street or in a home.

"You don't know if you can trust them. They've been deprived of food. They've been teased," she said.

One of the dogs is too vicious for staff members at the shelter to enter its cage, she said.

Most of the dogs appear to be in the range of 3 to 5 years old, said Rachel Houser, veterinary technician for the Lenawee Humane Society. Ages are difficult to estimate because of the abuse they have suffered, she added.

The fighting dogs now safely held inside the shelter may not be as rare in Lenawee County as most people would assume, Houser said.

"I think there's a lot more than the general public realizes," she said.

Welsh agreed. Dogfighting operates in closely controlled networks similar to drug trafficking, he said.

"I'm pleased that they finally broke this ring," Welsh said. "I hope they prosecute them to the fullest."

"Dog fighting is a criminal underground industry that breeds horrible animal suffering and violence," said Chris Schindler, deputy manager of animal fighting law enforcement for the HSUS and who participated in the raids. "We commend the U.S. Department of Agriculture's Office of Inspector General for their diligence in pursuing this investigation. Step by step, this nationwide business enterprise built on misery is being dismantled," he said in a statement issued Thursday.


Case Updates

The Humane Society of Kent County will get full custody of two additional dogs linked to a dogfighting ring on the east side of the state.

About 50 dogs were seized June 17, 2009 in Bad Axe when authorities filed dogfighting charges against three men. The dogs, mostly pit bulls, were temporarily placed at kennels in Kent, Ingham and Lenawee counties. Some died.

The Humane Society of Kent County was given ownership of 11 dogs in March.

A U.S. district court entered an order Thursday giving the shelter two more dogs -- named Violet and Pacino. These two dogs were believed to be "champion fighting dogs." However, officials were unable to provide documentation that showed they had been used or trained for fighting.

"We believe it was a case of mistaken identity," Karen Terpstra, executive director at the Humane Society of Kent County, said in a news release. "We don't think the two dogs in question were ever fought, let alone 'champion fighting dogs.' Both were less than 6 months old when we got them and they did not have any scarring or aggression issues.

"We are so happy with the outcome of this case," continued Terpstra. "We are especially thankful to Varnum LLP for their skillful representation of us on behalf of the dogs and to Judge Lawson for his fairness. We also appreciate the USDA and U.S. Attorney working with us to resolve this issue favorably."

The Humane Society is accepting adoption applications for all of the dogs. They will be spayed and neutered, and potential adopters and foster families will be made aware of the dogs' history. The humane society will also conduct extensive interview and background checks to ensure proper placement.

"We continue to work with the dogs to ensure they are ready for adoption and are working to find the perfect match for both dog and owner," explained Terpstra. "We will not place a dog in the community that we feel is unsafe."
Source: woodtv.com - Apr 2, 2010
Update posted on Apr 5, 2010 - 2:36PM 
A 25-year-old man was sentenced today to 13 months in prison for his role in a dogfighting venture in Huron and Lenawee counties.

Joshua Gates of Blissfield pleaded guilty last year in U.S. District Court in Detroit to sponsoring an animal fighting venture along with two codefendants Jay Rodriguez, 28, of Adrian and Martin Phillips, 34, of Bad Axe.


Law enforcement agencies arrested the men after conducting search warrants on June 17, 2009, seizing 49 pit bulls in the raids, along with training equipment, veterinary supplies, and underground dog fighting publications.


The men also admitted to sponsoring dogs in fighting matches, federal prosecutors said.


Phillips has already been sentenced to six months in prison and two years of probation. Rodriguez is serving two years or probation.


U.S. District Judge David Lawson sentenced Gates today.
Source: freep.com - Mar 17, 2010
Update posted on Mar 19, 2010 - 2:49PM 
A federal judge today spared the lives of most of the roughly 40 dogs the federal government seized in connection with a 2009 dog-fighting investigation.

Overruling a recommendation by federal prosecutors, U.S. District Judge David M. Lawson said there's no reason why many of the dogs -- mostly pit bulls -- can't be adopted or placed in foster homes.

"I'm encouraged," said Karen Terpstra, executive director of the Humane Society of Kent County, which has been looking after 13 of the dogs and believes none of them should be euthanized.

Rita Foley, a federal prosecutor who handles forfeiture cases, told Lawson that Michigan state law prohibits the sale of dogs known to be trained or used for fighting and imposes criminal liability on owners of such dogs that later kill or maim.

"I fully realize that the dogs are the innocent victims of man's lust for blood sport," Foley told Lawson. "But it's the position of the government that the most advisable disposition is to euthanize the pit bulls."

Bradley Defoe, a Novi attorney representing the Humane Society of Kent County, said nothing in state law prohibits the adoption or placement in foster homes of such dogs, and the humane society assessed all 13 dogs in its care and determined all can be saved.

Lawson did order that 10 of the dogs be put down, including two in the care of the Humane Society of Kent County. Those dogs, Pacino and Violet, had been described as "champion fighting dogs" by government investigators.

But Lawson told Defoe to meet with government agents and discuss the history of Pacino and Violet. If the humane society still thinks those dogs should be saved, Defoe can file a motion in court, he said.

Any adoptees or foster parents must be informed of the dogs' histories and their potential criminal liability, Lawson said.

"We've spent nine months with them," Terpstra said outside the courtroom of the dogs in her care. "We would not make dogs available that we feel would be a danger."

Some of the other roughly 40 dogs seized have already died, so the total number saved is fewer than 30.
Source: Detroit News - March 9, 2010
Update posted on Mar 10, 2010 - 1:34AM 
A federal judge in Detroit must determine whether dogs seized in a dogfighting ring should live or die.

The Humane Society of Kent County in western Michigan wants ownership of 13 dogs in its care. But the Detroit branch of the Michigan Humane Society says state law requires the dogs to be euthanized.

More than 40 were seized by federal authorities last year when they filed charges against three men in eastern Michigan. Kennels in Kent County, Ingham County and Lenawee County agreed to temporarily take care of the dogs. Some have died.

U.S. District Judge David Lawson is holding a hearing Tuesday. The U.S. attorney's office says Michigan law bars the adoption of dogs connected to dogfighting, even their puppies.
Source: wlns.com - Mar 9, 2010
Update posted on Mar 9, 2010 - 4:58PM 
A Bad Axe man was sentenced to six months in prison today by a federal judge for running a pit bull fighting enterprise.

Martin Phillips, 35, pleaded guilty last year to a charge of engaging in a conspiracy to promote and engage in an animal fighting venture in which American Pit Bull Terriers were bred, sold, trained, and promoted for the purpose of engaging in dog fighting matches.


On June 17, federal agents seized 49 dogs from the men in separate raids in Lenawee and Huron counties, along with training equipment, veterinary supplies and dogfighting publications.


Two other Michigan men pleaded guilty to similar charges and are awaiting sentencing.

Phillips must be on two years of supervised release after serving his prison time as part of his sentence which was issued by U.S. District Judge David Lawson.
Source: freep.com - Feb 25, 2010
Update posted on Feb 25, 2010 - 5:05PM 
Federal authorities are seeking prison terms for three Michigan men who pleaded guilty to dogfighting crimes after 49 pit bulls were seized last summer.

Assistant U.S. Attorney Eaton Brown also recommended that the men do community service after they are released, possibly with the Humane Society or another group that cares for animals.

"Dogfighting is not a sport; it is a cruel and heinous criminal offense," Brown said in a Nov. 25 filing in federal court in Detroit.

B. Jay Rodriguez of Adrian, Martin Phillips of Bad Axe and Joshua Gates of Blissfield are to be sentenced Tuesday or Wednesday. The investigation by the U.S. Agriculture Department involved a confidential informant and secret video.

Brown recommended 6 months in custody for Rodriguez and Phillips, and a 13-month prison sentence for Gates, who has convictions and was on state parole at the time of his arrest.

Gates' lawyer, Craig Tank, said Friday he wouldn't object to the recommendation. Attorney Ronald Gold said he would seek probation for Phillips. Rodriguez's lawyer, Bernard Cohen, could not be reached; his voicemail was full.

In August, Gates pleaded guilty to conspiracy, selling or delivering dogs and exhibiting an animal. He said he was involved in fights in Lansing and Detroit.

In September, Rodriguez and Phillips pleaded guilty to transporting animals for fighting ventures.

Authorities seized at least 10 pit bulls from Gates' home in June; most of them were scarred and "living outside chained to barrels with heavy collars and weighted leads," Brown said.

Investigators found bloodstained plywood, carpet and sticks used to force open a dog's jaw in the heat of battle, the prosecutor wrote.

The sentences likely won't be as harsh as the 23-month prison term given to NFL star Michael Vick, Brown said, but that case "involved a greater number of animals and a much more sadistic form of animal cruelty."
Source: Detroit Free Press - Dec 5, 2009
Update posted on Dec 6, 2009 - 6:04PM 
Madison Township man arrested in a federal dogfighting investigation was given a 10-day Lenawee County Jail term for local charges stemming from a June 17 raid at his home.

B Jay Rodriguez was sentenced Monday in Lenawee County District Court where he pleaded guilty Aug. 12 to misdemeanor counts of unlicensed dog, unvaccinated dog and marijuana possession. Rodriguez is to be sentenced Dec. 8 in U.S. District Court in Detroit for two federal dogfighting charges he pleaded guilty to on Sept. 2.

Rodriguez was ordered to pay $5,805 restitution in the Lenawee County case, along with a $250 fine and $777 court costs. He is prohibited from owning any animals during his two-year probation period.

Rodriguez was arrested in June along with Joshua Gates of Ogden Township and Martin Phillips of Bad Axe. The three were accused of engaging in dogfighting matches and breeding, selling and training fighting dogs in a business they called Pitformance Kennels. Forty-nine pit bull dogs were seized from the three men’s homes.

The three were facing a Sept. 1 trial in federal court before Gates took a plea bargain on Aug. 25. The agreement included his acknowledgment that all three started and developed Pitformance Kennels since 2005 and bred, bought, sold and trained fighting dogs at each of their homes. He specifically admitted selling a dog on March 9 that was trained and conditioned for fighting, that he took a dog to a fighting match on May 24 and that he, Rodriguez and Phillips talked on May 27 about holding a match at Phillips home near Bad Axe.

On Sept. 2, Rodriguez pleaded guilty in federal court to selling a dog on April 24 for participation in an animal fighting venture and to exhibiting a dog in a fighting venture on May 24.

Phillips also pleaded guilty Sept. 2 to the same two counts and is scheduled for sentencing on Dec. 8 in federal court in Detroit.
Source: the Daily Telegram - Sep 23, 2009
Update posted on Sep 29, 2009 - 11:37AM 
The Lincoln Township man busted by the U.S. Department of Agriculture in mid-June for his role in a dogfighting ring appeared Wednesday in U.S. District Court where he pled guilty to two felony counts of transporting animals for fighting ventures.

In a plea agreement reached by prosecutors, Martin Phillips, 34, pleaded guilty Wednesday to two felony counts. In return for Phillips guilty plea, one count of conspiracy to defraud the United States government will be dismissed at the time of sentencing before Judge David M. Lawson at 3:30 p.m. Dec. 18 in U.S. District Court in Detroit.

Phillips was reportedly part of a trio indicted June 29, following simultaneous raids on June 17 in Huron and Lenawee counties by the U.S. Department of Agriculture's Office of Inspector General.

Seized in the raid were a total of 50 pit bulls plus dogfighting and training equipment, medical supplies, computers and a dogfighting magazine.

The Huron County Sheriff’s Office assisted in the Lincoln Township raid at Phillips’ property located on Church Road near Carpenter Road. Investigators there seized 17 pit bull dogs, varying in age, from the Phillips' property. Court documents indicate that in late April Phillips had more than 30 pit bull dogs there.

Authorities charged Phillips, along with B. Jay Rodriguez, 28, of Adrian, and Joshua Gates, 25, of Blissfield, following the raid.

Rodriguez entered into the same plea deal as Phillips, and he also will be sentenced in December.

Gates pleaded guilty to conspiracy to promote an animal fighting venture; buying, selling or delivering an animal for a fighting venture; and sponsoring or exhibiting an animal in a fighting venture. He will be sentenced in early December.

Investigators have said the trio, started the dog fighting activity around 2005. The three operated Pitformance Kennels, a business that bred, bought, sold and trained fighting dogs at all the men’s homes.

They also fought the dogs at other locations, according to court documents.

The defendants posted match results and ads in “Sporting Dog Journal,” a dog fighting magazine distributed in Washington, D.C., North Carolina and other locations, federal investigators said.

Pitformance Kennels also operated a web site to advertise and sell fighting dogs.
Source: Huron Daily Tribune - Sept 4, 2009
Update posted on Sep 4, 2009 - 8:59PM 
Federal agents assisted by Lenawee County sheriff's deputies, Michigan State Police and Madison Township police seized 20 pit bull terriers on June 17 from Gates' home in Ogden Township and the Madison Township home of B. Jay Rodriguez. A similar raid occurred the same day in Bad Axe, where 30 pit bull dogs were seized from the home of Martin Phillips.

Gates, 25, and Phillips, 34, were arraigned on conspiracy and dog-fighting-related charges in United States District Court on June 30. Rodriguez, 28, failed to appear in court that day but was arraigned July 2 and released on bond.

All three men entered "not guilty" pleas and are scheduled to be tried together, beginning Sept. 1.

Because Gates remains in federal custody, said Gates' defense attorney, Craig Tank, he expects the trial will begin on that date.
Gates' defense, he said, will be supported by people that will include officials from some Humane Society organizations in the region.

"There's a lot of witnesses who will corroborate his story. There will be a large number of witnesses," Tank said.

A federal grand jury indictment unsealed June 29 alleged that Gates, Rodriguez and Phillips worked together in running a business called Pitformance Kennels where dogs were bred, trained and sold for fighting and entered in dog-fighting matches.

The indictment stated Gates accepted a $75 entry fee from a person for a dogfighting match scheduled for May 24 and that Gates and Rodriguez took a dog to Lansing on that date to participate in a dog-fighting match. The two Lenawee County men and Phillips are also accused of talking with each other on May 27 about a match they planned to hold at Phillips' property in Bad Axe.
Source: lenconnect.com - Jul 11, 2009
Update posted on Jul 11, 2009 - 11:52PM 
A southeastern Michigan man charged with dogfighting crimes didn't appear in court and is considered a fugitive.

The U.S. attorney's office says B. Jay Rodriguez of Adrian was supposed to make his first appearance Tuesday in federal court in Detroit, but he was a no-show.

Rodriguez and two other men are the first in Michigan to be charged under federal anti-dogfighting laws. Prosecutors say they conspired to promote fights and raise and sell pit bulls starting in 2005.

Forty-nine dogs were seized in Lenawee and Huron counties in mid-June.

Martin Phillips of Bad Axe was released on bond Tuesday, while Joshua Gates of Blissfield remains in custody.
Source: WLNS - July 5, 2009
Update posted on Jul 5, 2009 - 6:06PM 

References

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