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Case ID: 9154

Classification: Fighting, Neglect / Abandonment

Animal: dog (pit-bull), chicken

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Case #9154 Rating: 4.5 out of 5

Dog and cockfighting
Lancaster, PA (US)

Incident Date: Saturday, May 27, 2006
County: Lancaster

Charges: Felony CTA
Disposition: Convicted

Defendant/Suspect: Ivan Ruiz Rivera

Case Updates: 8 update(s) available

An animal welfare officer has accused a 35-year-old man of using his Lancaster city home as a training ground for teaching dogs and roosters how to fight.

Keith Mohler, an officer for Farm Sanctuary of Pennsylvania, on June 29 charged Ivan Ruiz Rivera, 35, of 535 S. Lime St., with two felony counts of cruelty to animals.

According to an affidavit, Mohler was alerted to the possibility of animals being abused at the residence on May 27 when a Lancaster city police officer who was trying to serve an arrest warrant on Rivera noticed "a large treadmill-type apparatus commonly used in the training of dogs for fighting."

Mohler visited the home that same day and found a treadmill that appeared to be covered with bloody paw prints.

"It was of the type that my experience and training have shown me to be commonly used in the training of dogs for fighting," Mohler wrote in the affidavit.

"I also observed in the basement a white plastic stick approximately 9 by 3 inches and tapered to a point, appearing to be scarred and stained with blood."

Mohler also said he spotted a "breaking stick," a tool commonly used to train pit bulls to fight.

On May 29, Mohler executed a search warrant on the residence and seized a number of items, including animal fighting paraphernalia, training records, publications promoting animal fighting, videotapes, photographs and injectible steroids.

If convicted, Rivera faces a maximum sentence of 14 years in prison and a $15,000 fine.

Assistant District Attorney Christine Wilson is prosecuting the case.

Case Updates

Prosecutors are considering seeking a second trial for a Lancaster city man accused of training pit bulls to fight.

A jury Thursday could not reach a verdict on a felony charge of owning or possessing animals for fighting � in this case, the dogs � against Ivan Ruiz Rivera, and Rivera was acquitted of felony training roosters to fight.

He was found guilty, however, of summary cruelty to animals. Judge Joseph C. Madenspacher, who presided over the trial, will impose a fine for the conviction, which stems from dirty conditions found in the yard where Rivera kept the pit bulls.

Meanwhile, the attorney representing Rivera, 36, said Friday Rivera is seeking the return of the three pit bulls and 30 roosters investigators seized from his home at 535 S. Lime St. in May 2006.

Assistant District Attorney Christine L. Wilson declined to allow Humane League of Lancaster County to release the pit bulls, saying Rivera could be tried again as soon as September.

Wilson, Madenspacher and defense attorney Robert Bacher met Friday morning but little was accomplished, the attorneys said.

"We are considering a retrial of the case for possession of dogs for fighting," Wilson said. "It will be determined shortly."

Wilson has 120 days to seek a new trial.

Bacher said Friday that Wilson should drop the dog-related charge and return the property, roosters and pit bulls authorities confiscated from Rivera.

"The commonwealth wants Ivan to forfeit ownership of the animals in the hardest way," Bacher said. "After losing the case, I'm a little puzzled the prosecution isn't more willing to reach a resolution."

After the trial ended Thursday, Rivera visited one of the pit bulls, named Daddy-O, at the Humane League kennel in East Lampeter Township, Bacher said. The other pit bulls and the roosters are being kept in foster homes and at a fowl sanctuary.

Charges were filed against Rivera after city police discovered the pit bulls, roosters and training equipment May 27, 2006, while trying to arrest him on a charge he violated a protection-from-abuse order. Humane officers seized from Rivera's home a treadmill built for dogs, sticks used to separate dogs, wire muzzles, chains, a harness and animal-fighting publications.

The three-day trial hinged on witness testimony and the seized items, which Wilson showed the jurors.

Two experts on animal fighting testified about the uses for the equipment and scars discovered on Daddy-O.

Rivera testified for about five hours Wednesday and explained why he kept in his home the equipment, the dogs and the roosters. Rivera, a certified nursing assistant at a Lancaster nursing home and the father of three young children, told jurors he doesn't participate in dog or cock fights and is just a frustrated entrepreneur who tried to start a dog-breeding business.

Wilson, however, portrayed Rivera as someone who trained pit bulls to fight in a "blood sport" for entertainment and money.

Source: Lancaster Online - July 14, 2007
Update posted on Jul 16, 2007 - 6:04AM

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A Lancaster County jury Thursday found a 36-year-old Lancaster city man not guilty of training roosters to fight.

Also, after three hours of deliberations, the jury could not reach a verdict on a felony charge of owning or possessing dogs for fighting.

Judge Joseph C. Madenspacher, however, did convict Ivan Ruiz Rivera of one count of cruelty to animals, a summary charge. The charge stems from the dirty conditions found in the yard where Rivera kept pit bulls.

Assistant District Attorney Christine L. Wilson and defense attorney Robert Bacher are scheduled to meet with Madenspacher today to determine if Rivera will be retried on the dog-related charge.

The judge also could decide whether Rivera's pit bulls and roosters, which the Humane League of Lancaster County has been keeping, will be returned to him.

"The verdict is a relief," Bacher said. "This trial has been grueling, very hard, because there was a lot of technical information to learn fast."

Jurors began deliberating about 1:30 p.m. Thursday after listening to closing arguments and testimony from a pit bull expert.

During her closing argument, Wilson pointed to what authorities found in the defendant's South Lime Street home � animal-training equipment, performance-enhancing drugs, animal fighting publications, training logs and videos, three pit bulls and 30 chicks.

"He was engaging in a blood sport for purposes of entertainment," Wilson said. "Ivan Ruiz is a dog fighter and a cock fighter."

"The big picture is this was a training ground for animal fighting. The totality of it all is evidence of training dogs and roosters to fight. These are sadistic, gory crimes."

Bacher told jurors that Rivera, 36, is an animal lover who obtained the training equipment and drugs while trying to start a dog breeding business.

He said Wilson built a case on "circumstantial evidence" with no witnesses to place Rivera at a pit bull or cock fight.

"Things were exaggerated beyond a strict review of the evidence," Bacher said. "We were supposed to hear about the underground world of dog fighting with various evil characters coming and going.

"Was Ivan a malicious dog fighter? No, he's a guy that's a kid in a body that size.

"He liked chicks, dogs and teenagers in the neighborhood. He has the spark of kindness in his heart."

Bacher put a retired University of Georgia professor on the witness stand to refute earlier testimony that one of the pit bulls Rivera owned had scars from "pit fights." I. Lehr Brisbin Jr. said he is a wildlife and animal behavior expert who has studied pit bull fighting for about 30 years.

Rivera testified Wednesday that his pit bull suffered the injuries while trying to break through a wooden backyard fence.

"I study dog fighters like Truman Capote studied mass murders," Brisbin said. "I have nothing but respect for people who fought dogs and gave it up."

He reviewed photographs of Rivera's adult male pit bull and called the injuries "trivial."

"If a dog is fighting another dog in a pit, they don't come out without injuries all over their bodies because dogs attack at all points," Brisbin said. "Those marks were more likely caused during a fence fight in which dogs will chew their way through a wood fence for better access. Fence fights are just a curse of owning a dog."

Brisbin also said a treadmill, sticks used to separate dogs, wire muzzles, chains, harness and animal fighting publications found in Rivera's home are typical for dog breeders and kennel owners.

The charges against Rivera, a certified nursing assistant and maintenance worker at a Lancaster nursing home who has three young children, were filed after city police discovered the pit bulls, roosters, drugs and training equipment May 27, 2006, while trying to arrest him on charges he violated a protection-from-abuse order.

Source: Lancaster Online - July 13, 2007
Update posted on Jul 16, 2007 - 6:02AM

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Attorneys presented conflicting arguments Tuesday to a jury about why a man kept pit bills, rooster chicks, performance-enhancing drugs and a dog-training treadmill in his Lancaster city home.

Ivan Ruiz Rivera, 36, is on trial for felony owning or possessing animals for fighting and summary cruelty to animals for allegedly keeping three pit bulls and about 30 rooster chicks inside his 535 S. Lime St.

If convicted of all of the charges, Rivera faces a maximum sentence of 14 years in prison and a $15,000 fine. It's the first jury trial over felony animal-fighting charges in Lancaster County history.

Defense attorney Robert Bacher told jurors Tuesday that just because Rivera had a treadmill converted for use by dogs, animal-fighting publications and performance-enhancing drugs in his home doesn't mean he did anything wrong.

"These things can be used like many things in life � for a legal or an illegal purpose," Bacher said. "It was nothing underground, like 'Come at midnight to the back of Joe's Bar and buy a fighting dog.' "

Rivera is an animal enthusiast who used the treadmill to exercise his dogs, which he planned to sell, Bacher said, advertising the sale in local newspapers.

Assistant District Attorney Christine L. Wilson told jurors Rivera planned to use the dogs and roosters in deadly fights.

Wilson showed jurors the modified treadmill, a "breaking stick" used to separate dogs in a fight and a metal muzzle covered with duct tape found at Rivera's home.

"These are indicative of dog and cock fighting � a blood sport and a violent crime," Wilson said. "Unfortunately, this case is going to give you a disturbing peek into the brutal world of animal fighting."

City police Sgt. Robert Means and Officer Jonathan Caple testified they discovered the pit bulls, roosters, steroids and training equipment May 27, 2006, while trying to arrest Rivera for a protection-from-abuse-order violation.

Means called Farm Sanctuary of Pennsylvania Officer Keith Mohler and Organization for Responsible Care of Animals Officer Debra Lort to investigate possible animal-cruelty crimes.

When Mohler and Lort arrived later that afternoon, they found Rivera and called police.

Rivera was arrested on the protection-from-abuse order, and authorities raided his residence.

The pit bulls and rooster chicks were seized that day.

Mohler obtained a search warrant for the dog-fighting training equipment and steroids.

The three pit bulls were in a dirt yard behind the house littered with urine and feces when she and Mohler searched the residence, Lort said.

One of the dogs had numerous scars and another had a fresh wound with blood, she said.

The 30 rooster chicks were kept in cages inside Rivera's bedroom next to a heater.

Testimony is scheduled to continue at 9 a.m. today before Judge Joseph C. Madenspacher.

Source: Lancaster Online - Jul 11, 2007
Update posted on Jul 12, 2007 - 1:28PM

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A judge has ruled that roosters, performance enhancing drugs and equipment used to train fighting dogs may be used as evidence against a man facing a felony charge of owning fighting animals.

Judge Joseph C. Madenspacher ruled Monday that the evidence seized in May 2006 at the home of Ivan Ruiz Rivera, 36, could be used in the trial, which began today. Rivera was also charged with a summary count of cruelty to animals.

Defense attorney Robert Bacher argued that authorities illegally searched the home of Rivera, who was not home and did not give them permission to enter.

City police Sgt. Robert Means said when police went to try to arrest Rivera for a protection-from-abuse-order violation, they discovered pit bulls, roosters, steroids, training equipment and a �breaking stick� used to pry jaws open to separate fighting dogs.

Though Rivera was not home, Means said tenant Dee Talbot gave police permission to search the house. Madenspacher ruled that the search was legal and said Assistant District Attorney Christine L. Wilson may use all the items found in the house as evidence. Jury selection was completed Monday.

Source: York Daily Record - Jul 10, 2007
Update posted on Jul 10, 2007 - 6:02PM

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The first trial in Lancaster County history for felony animal-fighting charges is scheduled to begin today.

The judge presiding over the trial ruled Monday that prosecutors can use evidence seized in May 2006 from a Lancaster city home allegedly used as a pit bull and rooster fighting training facility.

Jurors were selected Monday.

Ivan Ruiz Rivera, 36, is charged with felony owning or possessing animals for fighting and summary cruelty to animals for allegedly keeping three pit bulls and about 30 rooster chicks inside 535 S. Lime St.

If convicted of all of the charges, Rivera would face a maximum sentence of 14 years in prison and a $15,000 fine.

Defense attorney Robert Bacher told Judge Joseph C. Madenspacher during a hearing Monday that authorities illegally searched Rivera's house, where police found roosters, performance-enhancing drugs, a modified treadmill and a stick used to separate dogs.

Bacher also used advertisements from an issue of The American Pit Bull Terrier Gazette to show that dog-training treadmills and sticks are sold legally.

Assistant District Attorney Christine L. Wilson countered with testimony from five witnesses that police received permission to enter the house, and the treadmill, animals and steroids were in "plain view."

"The treadmill was covered and therefore not really in plain view," Bacher said. "The covering was removed and treadmill examined because the defendant was not there."

Wilson said Rivera modified the treadmill with chains and a harness so the pit bulls could improve their cardiovascular strength for fights.

"It was obvious the treadmill was not meant for a person to use," Wilson said. "He used the treadmill to train dogs. The breaking stick also was in plain view and is commonly used by dog fighters."

Madenspacher ruled the search warrant was legal and Wilson may use all the items found in the house as evidence.

City police Sgt. Robert Means, city police Officer Jonathan Caple, Farm Sanctuary of Pennsylvania Officer Keith Mohler, Organization for Responsible Care of Animals Officer Debra Lort and a woman who rented a room from Rivera testified at an evidentiary hearing Monday.

Means said he discovered the pit bulls, roosters, steroids and training equipment May 27, 2006, while trying to arrest Rivera for a protection-from-abuse-order violation.

Rivera was not home, but Means spoke to tenant Dee Talbot.

Means said Talbot gave him and Caple permission to search the house for Rivera. The officers then found the treadmill covered with a sheet near the front door.

Talbot and another tenant, Samuel Rivera, also showed Means the steroids and syringes in the refrigerator.

Means contacted Mohler to investigate possible animal-cruelty crimes.

When Mohler and Lort arrived later that afternoon, they found Rivera and called police. Rivera was arrested on the protection-from-abuse order, and authorities raided his residence.

The pit bulls and rooster chicks were seized that day.

Mohler obtained a search warrant for the dog-fighting training equipment, paraphernalia and steroids.

Lort said the three pit bulls were in a dirt yard behind the house when she and Mohler searched the residence.

"There was urine, feces, tons of flies and no water," Lort said. "The 10-week-old pup had an open wound with fresh blood, and the adult male had scars on his head and body."

The 30 rooster chicks were kept in cages inside Rivera's bedroom, Lort said.

"It was terribly hot that day, and there was a large heater on in the room," Lort said.

Mohler said conditions in the home were deplorable.

"There was an overwhelming stench of feces in the basement," he said.

Source: Lancaster Online - July 10, 2007
Update posted on Jul 10, 2007 - 5:53AM

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Jury selection is scheduled to begin on Monday July 9 for the first trial in Lancaster County history focused on a felony-level animal-fighting charge.

Ivan Ruiz Rivera is charged with felony animal fighting and summary cruelty to animals for allegedly using a Lancaster city home as a training center where pit bulls and roosters were taught to fight.

If convicted, Rivera, 36, would face a maximum sentence of 14 years in prison and a $15,000 fine. He is free on bail while awaiting trial.

Authorities raided his residence at 535 S. Lime St. in May 2006, seizing three pit bulls, 20 newborn roosters, a cache of training equipment and performance-enhancing drugs for animals, police said.

Before jurors are selected Monday afternoon, Judge Joseph C. Madenspacher is expected to decide after a morning hearing what evidence prosecutors can use against Rivera.

Defense attorney Robert Bacher wants Madenspacher to prohibit anything investigators seized during the raid.

"Although the search was conducted pursuant to a search warrant issued by a district justice, the warrant was defective, and therefore any evidence seized pursuant to the warrant must be suppressed," Bacher writes in court documents. "The search warrant contains information which is not factually correct and other information which was illegally obtained."

Assistant District Attorney Christine L. Wilson has countered the claims and said at a September preliminary hearing the items seized from the home are indicative of animal fighting � specifically cockfighting and dog fighting.

A trial for a felony animal-fighting charge would be new to Lancaster County, officials say. The majority of animal-related offenses are summary or misdemeanor cases, which result in fines or probation, Wilson said.

Source: Lancaster Online - Jul 7, 2007
Update posted on Jul 9, 2007 - 2:26PM

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A man accused of converting his Lancaster home into a training center where he taught pit bulls and roosters to fight appeared in court on April 19.

Ivan Rivera faces multiple animal cruelty charges stemming from a raid on his home last May, when authorities allegedly seized three pit bulls, 20 newborn roosters, a cache of training equipment and performance-enhancing drugs. Training records, publications promoting animal fighting, a videotape of cockfighting, a photograph of Rivera holding a rooster during an apparent cockfight were also allegedly found.

If convicted, Rivera faces a maximum sentence of 14 years in prison and a $15,000 fine.

Rivera will appear for a pre-trial conference on May 17 at 1:30 P.M.

Source: Lancaster County Case # CR-0004402-2006
Update posted on Apr 23, 2007 - 11:41PM

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A 35-year-old man converted his Lancaster city home into a training center where he taught pit bulls and roosters to fight, a Lancaster County assistant district attorney said.

Authorities raided the South Lime Street home in May, seizing three pit bulls, 20 newborn roosters, a cache of training equipment and performance-enhancing drugs for animals, police said.

Police charged Ivan Ruiz Rivera in June with a felony count of cruelty to animals.

At a preliminary hearing on Tuesday, Assistant District Attorney Christine L. Wilson and Keith Mohler, an officer for Farm Sanctuary of Pennsylvania, filed three summary counts of cruelty to animals against Rivera.

District Judge Kelly S. Ballentine heard testimony from Mohler and arguments from Wilson and defense attorney Robert D. Bacher before determining there was enough evidence to bind Rivera over for trial.

Rivera is scheduled to be arraigned Oct. 25 in Lancaster County Court.

If convicted, Rivera faces a maximum sentence of 14 years in prison and a $15,000 fine.

Wilson said Rivera was training animals to fight.

"The items seized from the home are indicative of animal fighting - specifically cock fighting and dog fighting," Wilson said.

Bacher said the case was based on "circumstantial evidence."

"There are no eyewitnesses, and nobody saw the defendant training dogs," Bacher said. "Nobody saw any dogs fighting.

"The evidence is flimsy or weak," Bacher said.

Lancaster city police discovered the pit bulls, roosters and equipment May 27 while questioning Rivera about an unrelated matter, Mohler said.

Police called Mohler and Humane League Officer Deb Lort to help in the investigation.

Rivera told Mohler he lived at 535 S. Lime St. and owned the animals.

Mohler said he obtained a search warrant and seized 26 items, including a large treadmill-type apparatus with blood on it and a "breaking stick," which is used to separate dogs during a fight.

Mohler also said he found animal fighting paraphernalia, training records, publications promoting animal fighting, a videotape of cockfighting, a photograph of Rivera holding a rooster during an apparent cockfight, gloves used to handle roosters and steroids.

"The large treadmill was used to train dogs for fighting," Mohler said. "The drugs have legal uses but are routinely used as performing-enhancing supplements by dog fighters."

Source: Lancaster Online - Sept 20, 2006
Update posted on Oct 8, 2006 - 4:43PM

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Dog and cockfightingLancaster, PA (US)

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Dog and cockfighting
Lancaster, PA (US)