Pet-Abuse.Com - Animal Abuse Case Details: Dog-fighting - 31 dogs seized

Dog-fighting - 31 dogs seized
Dayton, OH (US)

Incident Date: Monday, Jul 24, 2006
County: Montgomery
Local Map: available
Disposition: Convicted
Charges: Felony CTA

Abusers/Suspects:
» Simon Denby
» Donyell C. Moschetti
» Louis Snowden-Davis

Case Updates: 4 update(s) available

Case ID: 9874

Classification: Fighting

Animal: dog (pit-bull)

View more cases in OH (US)

31 pit bulls were seized from 4901 Hoover Ave. on July 24.

Simon Denby owns the Hoover property, according to a document filed Aug. 11 in Montgomery County Common Pleas Court. The document was a complaint for a temporary restraining order and preliminary and permanent injunction against the Dayton Police Department and the Montgomery County Animal Resource Center.

Denby said via Attorney Charles W. Slicer that he was not allowed to take photographs of the dogs or obtain an independent evaluation of the dogs and also asked the court to keep the animal resource center from charging him kennel fees unless and until he is charged criminally.

On Aug. 16, the court ordered that Denby, along with a veterinarian of his choosing and his attorney, be allowed to take photographs and have the veterinarian do an evaluation. "Any examination of the animals is at the participant's own risk," Judge Michael Hall wrote in the order.

Denby dismissed his claims against the Dayton Police Department on Sept. 8.

His case against the animal resource center is still pending.

Case Updates

Three men who pleaded no contest to dogfighting-related charges were each sentenced to four years in prison on August 21.

Louis Snowden-Davis, 37, Simon J. Denby, 34, and Donyell C. Moschetti, 35, were all also ordered to pay more than $100,000 each in restitution to Montgomery County to cover the costs of housing them at the county's Animal Resource Center.

Common Pleas Judge Gregory Singer cited the "cruelty and insidiousness of the blood sport of dogfighting" before he handed down the sentences.

These defendants were identified by Dayton Police officers on July 23, 2006, after receiving a report of an injured pit bull terrier in the area of Denby's home, 4901 Hoover Ave., according to prosecutors.

Authorities seized 31 pit bulls at Denby's home one day later. Investigators raided Moschetti's home, 177 Anna St., and Snowden-Davis' home, 332 E. Lincoln St., on Sept. 1, where they found four more dogs.

The trio pleaded no contest July 6 to more than 50 counts each. Snowden-Davis, was convicted of 34 counts of dogfighting, all fourth-degree felonies, seven counts of possession of criminal tools, all fifth-degree felonies, plus 11 counts of animal cruelty, all misdemeanors.

Both Denby and Moschetti, who are brothers, were convicted of 31 counts of dogfighting, nine counts of possessing criminal tools and 11 counts of animal cruelty.

"We feel these defendants deserve the sentence they received," said Montgomery County Prosecutor Mathias H. Heck Jr. "Dogfighting is an appalling and brutal treatment of animals. Other criminal activity is often associated with it, such as illegal gambling, drug activity and illegal firearm sales."

Singer sentenced each defendant to 270 days in the county jail on the misdemeanor counts, but those sentences will be stayed on the condition that the defendants do not commit any dogfighting or gambling offenses after their prison releases.

All but one of the seized dogs were placed in the permanent custody of the Montgomery County Animal Resource Center. One animal was returned to Moschetti's wife. Singer ordered the destruction of all other seized evidence.

County Commissioner Dan Foley reportedly stated that 22 dogs were still being housed at the resource center and 13 had been euthanized for humane reasons. Those dogs have attacked and injured staff and damaged equipment, according to Commission President Debbie Lieberman.

Source: Dayton Daily News - Aug 21, 2007
Update posted on Aug 21, 2007 - 4:50PM

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On July 6, 2007, Defendants Simon Denby, Donyell Moschetti and Louis Snowden-Davis entered no-contest pleas and were found guilty as charged of all of the counts in the indictment, as follows:

Simon Denby

� 31 counts Dog Fighting
� 8 counts Possession of Criminal Tools
� 11 counts Cruelty to Animals

Donyell Moschetti

� 31 counts Dog Fighting
� 9 counts Possession of Criminal Tools
� 11 counts Cruelty to Animals

Louis Snowden-Davis

� 34 counts Dog Fighting
� 7 counts Possession of Criminal Tools
� 11 counts Cruelty to Animals

These defendants were identified by Dayton Police Officers on July 23, 2006 after receiving a report of an injured Pit Bull Terrier in the area of 4901 Hoover Avenue, Dayton. A total of 31 Pit Bull Terriers were seized from that location. The defendants were indicted by the Montgomery County Grand Jury on November 3, 2006. The defendants were scheduled to go to trial on Monday, July 9, 2007. There were no plea agreements between prosecutors and the defendants in exchange for the pleas.

Prosecutor Mat Heck, Jr. said, �We are very pleased that these defendants have been convicted of all of the charges. Dog Fighting is a sadistic and cruel criminal enterprise that will not be permitted.�

The defendants will be sentenced on August 14, 2007 at 9:00 AM.

Source: Animal Resource Center - July 6, 2007
Update posted on Jul 6, 2007 - 5:25PM

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A Dayton man who was indicted with 50 counts relating to dog-fighting and possession of criminal tools in November has been released from the Montgomery County Jail.

Simon Denby, 33, of Mia Avenue, bonded out of jail Tuesday after Second Appellate District Court of Appeals approved his writ of habeas corpus petition last week.

Denby's petition claimed that his constitutional and state rights were being violated because he was being held in lieu of a $100,000 bond, an amount he called excessive. Montgomery County Common Pleas Court Judge Gregory Singer reduced the bond to $10,000 on Tuesday, allowing Denby to post 10 percent to get out of jail.

"We point out that the issuance of a writ of habeas corpus is not a conclusion by this Court that the bail order by which Denby is being detained is excessive, but is only a determination that further evidence is required," Judges Thomas J. Grady, Mike Fain and Mary E. Donovan wrote in their approval of Denby's petition.

Denby's indictment followed the seizures of 31 pit bulls at his property at 4901 Hoover Ave. on July 24 and four pit bulls from the home of Louis Snowden-Davis, 37, of 332 E. Lincoln St. and 177 Anna St., where Denby's brother Donyell Moschetti, aka Donyell Denby, lives.

Snowden-Davis was indicted on 52 counts, 41 felonies and 11 misdemeanors for dog-fighting. Moschetti was indicted on 40 felonies and 11 misdemeanors involving dog-fighting and possession of criminal tools.

Denby's motion to suppress hearing is scheduled for Jan. 16.

Source: Dayton Daily News - Jan 3, 2007
Update posted on Jan 4, 2007 - 1:50AM

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Four days after the Humane Society of Greater Dayton asked a Montgomery County Common Pleas Court judge for permission to destroy 39 pit bulls being held at its center, attorney John H. Rion filed a response, calling the destruction of the animals "genocide."

The dogs are being held at the society's center at 1661 Nichols Road as evidence against three men facing charges stemming from dog fights.

Rion, who represents one of the men charged � Simon Denby � wrote in his motion, "Anytime the government attempts to take the property of its citizens, it must do so consistent with the United States Constitution. The constitutionality of the questions in this case have not yet been determined and therefore the elimination of life, short of that determination, is in and of itself unconstitutional. Killing these animals without according the defendants due process amounts to not just genocide, but an unconstitutional governmental taking of private property without due process."

Rion also said that there has been no DNA testing to determine the specific heritage of the dogs and "the American Kennel Club does not recognize 'pit bull dog' as a specific breed."

Animal Resource officers from the Montgomery County Animal Resource Center have seized at least 80 dogs in these dog-fighting cases. The dogs started being housed at the center on Webster Street after the first seizure, which took place July 24.

The center was forced to go into emergency operation mode and asked the Humane Society if it would help house some of the dogs.

The Humane Society's motion said three workers at the Animal Resource Center have been injured working with the dogs.

The motion will go to Judge Gregory F. Singer, who presides over the criminal cases of Denby, 33, of Hoover Avenue; Louis Snowden-Davis, 37, and Donyell C. Moschetti, 35.

Source: Dayton Daily News - Dec 23, 2006
Update posted on Dec 27, 2006 - 11:17AM

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References

	Dayton Daily News - Oct 25, 2006
	Dayton Daily News - Sept 19, 2006

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Dog-fighting - 31 dogs seizedDayton, OH (US)

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Dog-fighting - 31 dogs seized
Dayton, OH (US)