 Severe neglect, failure to provide vet care
Dearborn Heights, MI (US)Incident Date: Tuesday, Nov 1, 2005
County: Wayne
Local Map: available
Disposition: Alleged
Alleged: John Joseph Bellovary
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A man charged with animal abandonment and/or cruelty after police found more than a dozen sick and diseased dogs on his property is scheduled to appear in front of 20th District Court Judge Mark J. Plawecki. It will be the second time that Dearborn Heights resident John Bellovary has appeared before the 20th District judge since the case was first opened � and later dismissed � in November 2005.
The judge cited a violation of the "knock and announce rule" by the DHPD and the Dearborn Heights Animal Control Division during their execution of the original search warrant for the home as a reason for the dismissal. The rule states that a law enforcement officer is required to notify a party of his presence and authority, and is permitted to break open a door only in cases when entry is refused. "At that time, I ruled based on the Fourth Amendment, which governs search and seizure," Plawecki said. However, the decision was overturned when the case was appealed in front of 3rd Circuit Court Judge Michael Hathaway, who also issued a personal protection order against Bellovary that would keep him away from the dogs. "(Hathaway) didn't find that the search and seizure ruling was adequate," Plawecki said.
The case has now been remanded back to the 20th District Court, he said, and a hearing is scheduled to take place at 9 a.m. May 17, at which time the judge will review other issues presented by the defense that were not addressed during the evidentiary hearing.
A woman who lived near the man's home first brought the matter to the attention of the Dearborn Heights Police Department after her daughter helped catch one of the disease-ridden dogs that had escaped through a hole in the fence of the backyard of the man's home. Police were able to confirm that the escaped dog, who suffered from blindness, malnutrition, lice, overgrown toenails and also had several large tumors on its body, belonged to the homeowner and were able to obtain a warrant to search the home. "The house was completely unlivable for anyone," said Dave Miller, animal control expert. Things in the home had become so bad, Miller said, that two of the dogs had to be put to sleep while the others were placed in foster homes.
However, since the case has been dismissed, Bellavory has petitioned the court for the return of the remaining dogs � a request that Plawecki said has yet to be granted. "To the best of my knowledge, none of the dogs � except perhaps one � have been returned to him," Plawecki said.
The results of the May 17 hearing will determine the direction of the case, Plawecki said.
"One side or the other could still appeal the decision," he said. "It's too early to tell what will happen."
By law, Dearborn Heights residents are allowed to keep no more than three domestic animals as pets, Miller said.
Under Michigan law, a person convicted of animal cruelty could face up to 93 days in prison or a fine of not more than $1,000 or community service for a time not to exceed 200 hours or any combination of these penalties for a first time offense. A second offense is punishable by imprisonment of up to two years or a fine of not more than $2,000 or community service for up to 300 hours, or a combination of penalties. The offender must also pay the cost for prosecution.
A third offense is considered a felony in Michigan and carries a penalty of up to four years in prison or a fine of not more than $5,000 or a maximum of 500 hours community service, plus the cost of prosecution.
For second and third time offenders, courts may also require that individual to permanently relinquish animal ownership. Neighborhood MapFor more information about the Interactive Animal Cruelty Maps, see the map notes.
Back to Top References« MI State Animal Cruelty Map
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