Case Details

Dog-fighting
Brainerd, MN (US)

Incident Date: Tuesday, Aug 16, 2005
County: Crow Wing
Local Map: available
Disposition: Dismissed
Charges: Felony CTA

Persons of Interest:
» Nathan Jerome Volkmuth
» Nathan Jay Weiland

Case Updates: 3 update(s) available

Case ID: 5378
Classification: Fighting
Animal: dog (pit-bull)
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Two men were arrested Aug 16 in north Brainerd after allegedly provoking dogs, including a pit bull terrier, to fight each other. Brainerd Police Chief John Bolduc said about 8 p.m. officers responded to a house in the 1,000 block of Fir Street after neighbors called police about two large dogs fighting at the residence.

During the fight, the two adult dogs began attacking a small, black pit bull puppy, Bolduc said, and the puppy died shortly after officers arrived.

Two men, a 17-year-old owner of the puppy who lived at the house and a 23-year-old rural Brainerd man who owned one of the adult dogs, were arrested for felony dog fighting. The 23-year-old was treated at St. Joseph's Medical Center for a dog bite he suffered on his hand while trying to separate the dogs.

Crow Wing County Attorney Don Ryan said the 17-year-old made his first appearance on Aug 17 in Crow Wing District Court on a dog fighting charge and he expected the 23-year-old to make his first court appearance Aug 18.

Bolduc said the fight took place in a fenced-in area of the back yard at the house. He said it was witnessed by several people, including several children who were attending a nearby birthday party.

"This was an uncivilized act that shocked the citizens who witnessed it," Bolduc said in an interview. "The public sentiment is that this is an outrageous act and we intend to punish these individuals."

An adult pit bull involved in the fight was impounded by officers and placed at the Heartland Animal Rescue Team office in Brainerd. The other adult dog involved in fighting hasn't been located, Bolduc said. He said his office would seek to have both dogs declared dangerous.

Bolduc said there was no gambling involved with the dog fight, as far as his officers knew. He also said he was unaware whether the Brainerd Police Department has ever made arrests for dog fighting.

Brainerd police officers have responded to more than 40 police calls at the residence since 2004, Bolduc said, with most of the calls involving noise complaints, disturbances and fighting. Bolduc said his office also has investigated previous claims of dog fighting at the residence.

He said in an otherwise quiet north Brainerd neighborhood, this one house has stuck out.

"The police call volume at this residence represented the biggest collection of irresponsible behavior at any one address in Brainerd. This is typical nonsense that goes on there," Bolduc said in a news release. "They should expect an unprecedented level of police attention until this behavior stops."

Case Updates

Criminal charges were dropped against a 23-year-old Brainerd man for his alleged role in an Aug. 16 dog fighting incident. Nathan Volkmuth was charged with felony animal fights after neighbors told police officers they heard two men provoking pit bull terriers to fight each other.

The Crow Wing County attorney's office Nov. 4 dismissed the felony charge against Volkmuth, citing insufficient evidence to obtain a conviction, according to court documents.

"Upon further investigation we made the decision we thought was warranted based on the evidence," Crow Wing County Attorney Don Ryan said.

Also charged in the case was Nathan Weiland, 18, Brainerd, but the Crow Wing County attorney's office dismissed his charge Oct. 12, citing prosecutorial discretion as the basis for dismissal.
Source: Brainerd Dispatch - Nov 30, 2005
Update posted on Nov 30, 2005 - 10:49PM 
Criminal charges have been dismissed against an 18-year-old Brainerd man for his alleged role in an Aug. 16 dog fighting incident.

Nathan Weiland and Nathan Volkmuth, 23, Brainerd, both were charged with felony animal fights after neighbors told police officers they heard the two men provoking pit bull terriers to fight each other.

The Crow Wing County attorney's office Oct. 12 dismissed the charge against Weiland, said Weiland's attorney, Kent Strunk, Thursday.

In the dismissal filed with Crow Wing County District Court, the reason cited for dismissal was simply prosecutorial discretion. Crow Wing County Attorney Don Ryan could not be reached for comment Thursday.

"I think the prosecuting attorney did a good job looking at facts and evidence, did what she was supposed to do, and came to the conclusion to not go to trial," Strunk said.

Assistant County Attorney Candace Prigge filed the dismissal.

According to the juvenile petition filed against Weiland, a witness to the dog fight told police officers that he saw two large pit bulls fighting and being encouraged to do so by at least two adult males. While the two large dogs were fighting a pit bull puppy came out of the house and was attacked by one of the large dogs. The puppy died shortly after police officers arrived.

The felony criminal charge filed against Volkmuth is still pending in Crow Wing County District Court. His next court appearance is scheduled for Jan. 4.
Source: Brainerd Dispatch - Nov 4, 2005
Update posted on Nov 7, 2005 - 8:44PM 
Two men accused of provoking two pit bull terriers into fighting at a north Brainerd residence Tuesday face felony criminal charges.

Nathan Jerome Volkmuth, 23, and Nathan Jay Weiland, 17, both of Brainerd, were charged in Crow Wing District Court Wednesday with felony animal fights. Weiland was charged as a juvenile.

Volkmuth also was charged with misdemeanor possession of a small amount of marijuana and misdemeanor possession of drug paraphernalia.

About 8 p.m. Tuesday officers responded to a house in the 1,000 block of Fir Street after neighbors called police about two large dogs fighting at the residence.

According to the criminal complaint filed against Volkmuth and the juvenile petition field against Weiland:

* A witness to the dog fight told police officers that he saw two large pit bulls fighting and being encouraged to do so by at least two adult males. The witness said he heard the men saying "Don't back down."

* While the two large dogs were fighting a pit bull puppy came out of the house and was attacked by one of the large dogs. The puppy died shortly after police officers arrived.

* When a large pit bull attacked the puppy, Weiland and Volkmuth tried to separate the dogs and Volkmuth suffered a hand injury.

* Neighbors told police officers that dog fights were a recurring incident at the residence.

* Neighbors also were upset because there was a child's birthday party at a nearby house and the children witnessed the larger pit bull attack the puppy.

One of the pit bulls was impounded by officers and placed at Heartland Animal Rescue Team office in Brainerd. The second pit bull has not been located, Deputy Chief Corky McQuiston said Thursday.

Volkmuth is being held in the Crow Wing County Jail on $2,000 bail or bond. He is scheduled to appear in court again on Aug. 26. He has been charged with several other crimes in Crow Wing County in the past including three counts of motor vehicle theft, possession of stolen property and criminal property damage.

Weiland was released from Central Minnesota Juvenile Center in Brainerd to a parent. He is scheduled to appear in court again on Aug. 30.
Source: Brainerd Dispatch - Aug 19, 2005
Update posted on Aug 19, 2005 - 9:59AM 

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References

Brainerd Dispatch - Aug 18, 2005
Brainerd Dispatch - Aug 23, 2005

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