Case Details

Dog-fighting - 6 dogs seized
Brighton, MI (US)

Incident Date: Friday, Jan 6, 2006
County: Livingston
Local Map: available
Disposition: Dismissed (Conditional)
Charges: Felony CTA

Person of Interest: Todd Norman Shember

Case Updates: 3 update(s) available

Case ID: 8675
Classification: Fighting
Animal: dog (pit-bull)
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A preliminary hearing for a Green Oak Township man accused of holding illegal dog fights was adjourned to allow attorneys to submit written arguments on whether an officer violated the man's Fourth Amendment rights. Police allege Todd Norman Shember, 39, was operating an illegal dogfighting operation from his Maltby Road home.

Green Oak Township Police Officer Aimee Danforth testified that she began an animal cruelty investigation involving Shember's home in the 9000 block of Maltby Road after she and Livingston County Animal Control officers discovered distressed pit bulls at the home on the afternoon of Jan. 6. Danforth said she initially responded to the home to assist Animal Control officers investigating a complaint from a veterinarian who had treated a badly injured dog belonging to Shember.

Defense attorney Neal Nielsen alleged Danforth's testimony was inadmissible in court because she had no search warrant and was not invited to the home when she went through a gate and knocked on the back door of the home. "It was an illegal intrusion," Nielsen said. Assistant Prosecutor Dan Rose disagreed, and District Judge L. Suzanne Geddis ordered both men to make a written argument. A date the judge will issue a ruling or when the exam will continue was not immediately known.

Animal Control officers took custody of six distressed pit bulls found at Shember's home as well as possible evidence of illegal dogfighting, including treadmills and other training equipment.
Police described the conditions of the home as "very severe." Danforth said the yard and dog pen were covered with feces. Prosecutors said it is unknown where the alleged dog fighting took place.

Shember is charged with six counts of animal fighting and two counts of possessing animal fighting equipment. If convicted, he faces up to four years in prison and/or a $5,000 to $50,000 fine, or 500 to 1,000 hours of community service.

Case Updates

A Green Oak Township man once accused of holding illegal dogfights is now fighting Livingston County Animal Control to get three of his dogs returned as ordered by the court.

Livingston County Circuit Judge David Reader ordered a hearing set for 10 a.m. Thursday to determine whether Animal Control Director Anne Burns, the prosecutor's office and the Livingston County administrator should be held in contempt of court for violating a previous order by the judge to return the dogs.


"She's not going to kill these dogs like she told my client," Brighton defense attorney Neal Nielsen said.

Todd Norman Shember pleaded no contest last month to allowing an animal to stray at large and was fined. Prosecutors initially charged him with multiple counts of animal fighting, but those charges were dismissed.

According to the plea agreement, Animal Control officials were to return Shember's three dogs � Jake, 9; Fancy, 7; and Fat Boy, 7 � but Burns refused, Nielsen said. The agreement also waived all boarding fees, Nielsen noted.

However, Shember claims Burns told him to pay $26,162 for housing his five dogs police seized in January 2006 or she would begin euthanizing the dogs.

"It kills me," Shember said. "They already euthanized two, and now they want to kill the other three."

Burns said the shelter euthanized Shember's dogs Elvis, 2, and Cricket, 1, but she denied she threatened to kill the remaining three dogs.

"Elvis was torn up so badly he couldn't walk and his jaw was not attached," Burns explained. "I think that justified he had to be euthanized; he couldn't eat, drink or stand. (Cricket) bit a customer; that's a dangerous dog.

"I have a court order that says his dogs are to be returned. I have to follow court orders; I'm not going to the Highlander Way Hotel," Burns said referring to the Livingston County Jail, on Highlander Way in Howell.

Shember claims Cricket bit someone who reached her hand into the cage because the dog may have been afraid.

"So many times I've been misled and lied to that I hope for the best and count on the worst," Shember said. "I want to believe (Burns), but I find it hard to."

Burns acknowledged that she told Shember he had to pay more than $26,000 to get his dogs back and that he would be charged $20 per dog per day after the deadline she set or the dogs "become the property of the county." This is standard procedure for anyone whose dogs are running at large, she said.

"It could be the pope's dog and he's still going to have to pay," Burns said. "I will feel guilty later and go to confession, but the rule applies to anybody."

Reader signed an order Friday ordering the shelter not to execute Shember's dogs after he and his attorney claimed Burns still would not return the animals.

Burns said Shember's dogs had not been returned as of Friday because she is still trying to reach the county attorney regarding the case.

Shember said his troubles began when he arrived home in early January 2006 to find Elvis badly injured. He called a 24-hour veterinarian clinic, saying he believed his dog had been in a fight and he was on his way.

He said the vet initially told him it would cost $800 to $1,100 to operate on Elvis and he agreed, but when he returned to pick up Elvis he was told the bill was $1,400.

"I refused to pay it and (the vet) threatened to call the police and say I was fighting my dogs," Shember said. "I don't fight my dogs. I show my dogs. I'm proud of my dogs. I don't have kids; they are my kids."

Green Oak Township Police Officer Aimee Danforth testified at a preliminary hearing that she began an animal cruelty investigation involving Shember's home in the 9000 block of Maltby Road after she and Animal Control officers discovered pit bulls, which she described as distressed, at the home on the afternoon of Jan. 6, 2006.

Danforth said she initially responded to the home to assist Animal Control officers investigating a complaint from a veterinarian who had treated a badly injured dog � later identified as Elvis.

Animal Control officers took custody of the pit bulls found at Shember's home as well as treadmills and other equipment they believed had been used for dog training.

The equipment has since been returned to Shember as court-ordered.

Shember said he pleaded no contest to the misdemeanor charge of letting his dog stray because he was not sure if Elvis got out of the kennel and got into a fight, or if another animal got into the kennel.

"I conceded the fact that it was more likely he got out of the yard, got into a fight and got back into the yard," Shember said, noting that he is certain Elvis did not get into a fight with another one of his dogs, because they were in the house that day.

Prosecutor David Morse said his office dropped the felony charges after reviewing transcripts of the preliminary hearing.

"We didn't have as strong a case as we thought we would have," he said.

"We thought ... that some conviction was better, rather than risk an acquittal."

Nielsen said the charges were dismissed because the "prosecutor's office finally realized this case had gone to the dogs."

For now, Shember said he drives around with three dog collars and three kennels in his truck in the hopes that Jake, Fancy and Fat Boy will be returned to him.

"I love my dogs," he said.
Source: Daily Press & Argus - Feb 5, 2007
Update posted on Feb 5, 2007 - 3:00PM 
A Green Oak Township man accused of holding illegal dogfights pleaded guilty Friday to a misdemeanor charge of letting his dog run at large.

Livingston County Circuit Judge David Reader sentenced Todd Norman Shember to pay $260 in fines and court costs after the 40-year-old man pleaded guilty to allowing a dog to stray at large.

Prosecutors agreed to dismiss multiple felony charges of animal fighting and possession of animal fighting equipment initially lodged against Shember.

Reader also ordered that Shember's dogs, which are being housed at the animal shelter, be returned to him.

Green Oak Township Police Officer Aimee Danforth testified at a preliminary hearing that she began an animal cruelty investigation involving Shember's home in the 9000 block of Maltby Road after she and Livingston County Animal Control officers discovered distressed pit bulls at the home on the afternoon of Jan. 6, 2006.

Danforth said she initially responded to the home to assist Animal Control officers investigating a complaint from a veterinarian who had treated a badly injured dog belonging to Shember.

Animal Control officers took custody of six distressed pit bulls found at Shember's home as well as treadmills and other dog training equipment.
Source: Press & Argus - Jan 22, 2007
Update posted on Jan 22, 2007 - 11:26PM 
A Livingston County District Court judge ruled this week there is enough evidence to send a Green Oak Township man accused of holding illegal dog fights to trial.

Shember is charged with six counts of animal fighting and two counts of possessing animal fighting equipment. If convicted, he faces up to four years in prison and/or a $5,000 to $50,000 fine, or 500 to 1,000 hours of community service.

Green Oak Township Police Officer Aimee Danforth testified that she began an animal cruelty investigation involving Todd Norman Shember's home after she and Livingston County Animal Control officers discovered distressed pit bulls at the home on the afternoon of Jan. 6.

Danforth said she initially responded to the home to assist Animal Control officers investigating a complaint from a veterinarian who had treated a badly injured dog belonging to 40-year-old Shember.

Animal Control officers took custody of six dogs as well as possible evidence of illegal dog fighting, including treadmills and other training equipment.

Police described the conditions of the home as "very severe." Danforth said the yard and dog pen were covered with feces.

Prosecutors said it is unknown where the alleged dog fighting took place.
Source: Lansing State Journal - Aug 12, 2006
Update posted on Aug 13, 2006 - 3:05PM 

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References

Press & Argus - May 22, 2006

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