Animal Advocacy

Animal Fighting and the

Vick Case

Valerie A. Lang, J.D., M.L.S.

Stolen from New Haven

Animal Shelter January 2007

NEW YORK:

The term, “Animal Fighting”

shall mean any fight between

dogs or any other animals.

$$$$$$$$$$$$

• Dog fighting generates many millions of

dollars in unreported income every year.

Formal AgreementIn dog fighting, a formal agreement is usually signed by

the owners of the dogs to be matched, often several

months in advance of the fight date.

Informal Side Bets

The second and most visible form of gambling at a

dogfight involves informal side bets among

individual spectators.

Promoters of animal fights usually

reap large sums of money from

concession sales, such as alcoholic

beverages, admissions fees, and sale

of paraphernalia.

$$$$$$$$$$$$

Another way those involved in animal

fighting ventures make money is by selling

animals and breeding services.

Champion fighting dog - $10,000+

Stud fees - $1,000+

Puppies - $150-$1,500+

Breeds Criminal Activity

• Organized Crime

• Drug Trafficking/Narcotics

• Money Laundering

• Gambling

• Child Endangerment

• Weapons

• Gang Bangers

• Rape/Homicide

Pitbull Problem Flash Video

the pit bull problem (what is man

without the beasts?) - flash

• New York’s animal cruelty law includes

– felony charges or

– misdemeanor charges depending on the

activity.

– Agriculture and Markets Law, Article 26,

Section 351

New York Felony Provisions

Any person who engages in any of the

following conduct is guilty of a felony:

(a) For amusement or gain, causes any animal to engage in fighting

Example: Danielle and Ashley are walking down the streets of Troy with Danielle’s pit bull dog named Blue. Another pit bull is walking down the street in their direction. Danielle looks at Ashley and says, “Let’s see what they can do.” Ashley agrees. The fight commences.

Any person who engages in any of the

following conduct is guilty of a felony:

(b)Trains, (c) breeds or sells any animal

under circumstances evincing an intent

that such animal engage in fighting

Any person who engages in any of the

following conduct is guilty of a felony:

(d) Permits these acts (causes a fight, trains, breeds, or sells) to occur on premises under his control

Example: Audrey organizes a cock fight at her party Saturday afternoon. None of the animals in the fight are hers, but she arranged the event.

FELONY

(e) Owns or possesses any animal trained to engage in fightingon premises where fighting is being conducted under circumstances evincing an intentthat such animal engage in fighting.

New York Misdemeanor

Provisions

It is a misdemeanor to:

• Own, possess or keep any animal under

circumstances evincing an intent that such

animal engage in fighting.

It is a misdemeanor in New York

to:

• Be a spectator at a fight. Punishable by up to three

months in prison and a $500 fine. A second offense will carry up to a

year in prison and a $1,000 fine.

In the U.S., fighting dogs are almost

exclusively American pit bull terriers.

Pit bulls used for

fighting are often kept

in a “yard” on

extremely heavy

chains. This is done to

strengthen neck

muscles as well as

keep the dogs from

attacking each other.

How to find out of dog fighting is

going on in your area

• Check local newspapers and the Want Ad

Digest for ads of “Game Bred” Pit Bulls.

• Check the Internet.

• Talk to Animal Control Officers.

• Check with the local Town Clerk.

• Check area airports to ascertain if pit bulls

are being flown in or out.

Law Enforcement: Be suspicious of

reports regarding stolen dogs in your

patrol area.

Enforcement of Animal

Fighting Laws

Due to the usually large group of

suspects that may be present at

illegal animal fighting exhibitions,

and the specialized nature of these

criminal activities, there are a

number of common problems

associated with enforcement of

animal fighting laws.

Common Problems:

Having enough law enforcement personnel

on the scene to detain and arrest all suspects

while ensuring officer safety and preserving

evidence

INTENT – responsibility of law enforcement

on scene to gather evidence to establish intent

THIS IS CRITICAL when you read Art. 26 Sec. 351

• When executing a Search Warrant, do not

allow the news media on the property.

• Photograph the entire scene as well as each

animal.

• Seize all evidence used for training

including; chains, collars, spring poles,

weight scales, breaking sticks, drugs,

magazines, trophies, computers, breeding

records, carpet, components of any pits,

guns, other weapons, etc.

Search Warrants:

Spring pole, breaking stick,

treadmill, magazines, drugs,

alcohol

Take several photos of injuries

.

.

.

Suggested “On the Scene”

Questions:

Why are you here?

How did you get here?

How were you going to leave?

Who did you come with?

What did you see?

How long before you were detained did you

see it going on?

Retain copies

• Keep a copy of all records of originals

turned over to the police or ADA.

• Keep a copy of all photographs.

Recommendations:

Arrest only those persons whose proximity

to and conduct at the location leave no

reasonable doubt as to the reason for their

presence there.

Recommendations

Have the officer’s report reflect, with

respect to each arrestee, what he or she was

doing when first observed, and where in

relation to the fight scene it was being done.

Videotape the scene (without comments

unless they are very neutral) and those

present immediately before arrests

commence.

Recommendations

Question persons on the scene. Caution must be taken when questioning persons without first providing Miranda warnings.

“General on-the-scene-questioning” - OK

BUT “Actual arrest or restraint on freedom of the degree associated with formal arrest” -Statements made by questioned persons may be inadmissible in court!

Coordinate with

Law Enforcement

• Because of the

specialized nature

of the criminal

activity,

participants are

often scattered over

a wide area

involving multiple

jurisdictions.

Think Outside the Box!

Additional Charges

Criminal mischief, arson, destruction of property

Child endangerment

Unlawful entry on property such as burglary or trespass

Assault with a dangerous instrument

Nuisance, noise, zoning, housing code violations

Local dog control laws

The Vick Case

April 25, 2007:

• Virginia State Police and animal-control

officers seize 66 dogs (53 pit bulls) and dog

fighting evidence from property owned by

Michael Vick. Dogs are distributed to six

different animal control shelters throughout

Virginia.

June 7, 2007:

• U.S. attorney's office, U.S. Department of

Agriculture and Virginia State Police

present warrant and search Vick's property.

July 2, 2007:

• Federal authorities file court documents

alleging that a dog fighting venture had

operated at the Vick property for the past

five years.

– The U.S. attorney's office files papers seeking

federal government ownership of 53 pit bulls

that were among the dogs seized from Vick's

property.

July 6, 2007:

• Federal authorities now on the case,

evidence of dog fighting in the form of

animal remains is discovered.

July 17, 2007:

• Vick and three other men are indicted by a

federal grand jury on dog fighting charges

for activity over a six year period.

July 19, 2007:

• Nike suspends the release of a new Vick

footwear line, but allows current Vick

products to remain for sale.

•

July 24, 2007:

• Atlanta Falcons owner Arthur Blank holds a

news conference and calls Vick’s behavior

"horrific."

July 26, 2007:

• Vick pleads not guilty in federal court in

Richmond, VA.

July 27, 2007:

Reebok, Upper Deck Trading Cards and

Rawlings Sports Goods end relationship

with Vick.

• Entering month four of confinement for

dogs.

July 30, 2007:

• Co-defendant Tony Taylor pleads guilty to

dog-fighting charges and agrees to

cooperate with the prosecution.

July 30, 2007:

• BAD RAP submits rescue proposal to

federal prosecutor, requesting permission to

evaluate dogs for placement potential.

Aug. 1, 2007:

• Surry County Animal Control Officer James

Smith about the Vick dogs, “They are in

good shape,” he said. “They are not violent

to humans.”

Aug. 17, 2007:

• Vick's other two co-defendants, Purnell

Peace and Quanis Phillips, plead guilty to

dog fighting charges and admit to killing

dogs "that did not perform well" by hanging

and drowning.

•

Aug. 20, 2007:

• Vick's lawyer, Billy Martin, says that Vick

agrees to plead guilty to dog fighting

charges which could have resulted in prison

sentences between 12 months and 5 years.

• BAD RAP and the ASPCA agree to partner to evaluate the dogs.

Aug. 23, 2007:

• Vick signs plea agreement in federal court

and statement of facts admitting to

conspiracy in a dog fighting ring and

helping kill pit bulls.

Vick’s Plea of Guilty

• He admitted to providing most of the financing for the

operation and to participating directly in several dog fights

in Virginia, Maryland, North Carolina and South Carolina.

He admitted to sharing in the proceeds from these dog

fights. He further admitted that he knew his colleagues

killed several dogs who did not perform well. He admitted

to being involved in the destruction of 6–8 dogs, by

hanging or drowning.

– He denied placing any side bets on the dogfights.

Aug. 28, 2007:

• Entering month five of confinement for

dogs. All groups begin a 'gag order' to

prevent news leaks or publicity that might

compromise the legal proceedings.

September 2007:

•

Sept. 3, 2007: BAD RAP officers Tim Racer and Donna

Reynolds and colleague Justin Phillips from SPCA

Monterey County leave CA to join Vick dog evaluation

team in VA. Evaluations commence on Sept 4-6.

•

Sept. 9, 2007: BAD RAP submits evaluation results and

recommendations for disposition of individual dogs to

foster care homes and to sanctuary care.

•

Sept. 25, 2007: Entering month six of confinement for

dogs.

Oct. 1, 2007:

• Motion filed in Virginia U. S. District Court

to move all but one dog to foster families or

sanctuaries.

Report reveal that only one dog displayed aggression towards humans

and numerous dogs presented "no threat to

other animals.”

Oct. 16, 2007:

• Professor and animal law expert Rebecca

Huss of Valparaiso University School of

Law named guardian of dogs in Vick case.

Oct. 17-20, 2007:

• BAD RAP officer Tim Racer returns to VA

to accompany Guardian/Special Master

Rebecca Huss in conducting Round Two of

dog evaluations. – BAD RAP works with Huss to arrange interim foster care of 16 foster/observation status dogs

so they can receive relief from shelter confinement.

October 2007

Oct. 21, 2007: Three dogs quietly leave the shelters with

east coast rescue groups. BAD RAP representatives begin

cross-country road trip to bring 13 dogs to new lives with

three different organizations on the west coast.

Nov. 6, 2007:

BAD RAP representative Nicole Rattay relocates to VA to begin

six weeks of daily exercise and care for the dogs still remaining

in shelter. Nicole's daily updates and observations of sheltered

dogs offer invaluable insights that allow Special Master Huss to

create placement matches with approved rescue organizations.

Nov. 12, 2007:

• Deadline closes for rescues to submit

applications.

Nov 20, 2007:

• U. S. District Court orders Michael Vick to

pay $928,073.00 as "restitution" for

expenses incurred in caring for "the victim

pit bulls."

Dec. 3, 2007:

Special Master Guardian Rebecca Huss submits

recommendations for disposition of Vick dogs to Judge

Hudson in Special Master Report Eight groups named to

be permanent caretakers of Vick dogs.

December 10, 2007

Vick appeared in U.S. District Court in

Richmond for sentencing. Judge

Hudson said he was "convinced that it

was not a momentary lack of

judgment" on Vick's part, and that

Vick was a "full partner" in the dog

fighting ring, and he was sentenced to

serve 23 months in federal prison.

Hudson noted that, despite Vick's

claims that he accepted responsibility

for his actions, his failure to cooperate

fully with federal officials, coupled

with a failed drug test and a failed

polygraph, showed that Vick had not

accepted full responsibility for

"promoting, funding and facilitating

this cruel and inhumane sporting

activity". Vick was assigned to United

States Penitentiary, Leavenworth, a

federal prison facility in Leavenworth,

Kansas to serve his sentence.

Federal Law Vick Was Charged

With Violating:• 18 U.S.C. § 371 Conspiracy to Travel in Interstate

Commerce in Aid of Unlawful Activities and to Sponsor a

Dog in an Animal Fighting Venture.

– The “interstate commerce” requirement gives the federal court

jurisdiction over an activity otherwise regulated by the state.

Interstate commerce in the Vick case included transporting fighting

dogs across state lines and hosting dogfight participants from other

states at Bad Newz Kennels.

– The charge is a felony with a maximum penalty of 5 years prison.

Original charges:

• (1) Conspiracy to travel in

interstate commerce in aid

of unlawful activities

(conspiracy to engage in

racketeering) and (2)

Conspiracy to sponsor a dog

in an animal fighting

venture

• Plea: single conspiracy

count for running a brutal

interstate dogfighting ring

with three co-conspirators

State Criminal Prosecution

• Separate Virginia charges against all four men were placed

following indictments by the Surry County grand jury

when it met on September 25, 2007.

• Vick was charged with two class 6 felonies, which carry a

maximum penalty of five years imprisonment for each

charge.

State trial and sentencing

• In late November 2008, Vick was transported to Virginia

to face state charges.

• He submitted a guilty plea to a single Virginia felony

charge for dog fighting, receiving a 3 year prison sentence,

imposition of which was suspended upon condition of

good behavior, and a $2500 fine.

• In return for the plea agreement, the other charge was

dropped. Vick, Federal Bureau of Prisons (BOP) ID#

33765-183, was released on July 20, 2009.

What good came of the Vick case?

(1) Animal Fighting Prohibition

Enforcement Act (2007)

• It should make it much harder for criminals who engage in dog

fighting and cockfighting to continue their operations.

• Each violation of the federal law may bring up to three years in prison

and up to a $250,000 fine.

• Signed into law by President George W. Bush, the law took effect

immediately (May 3, 2007), but Vick escaped the imposition of even

more felony penalties because the animal fighting allegations against

him preceded the new federal law.

(2) HSUS Change in Policy

The Humane Society of the U.S. had a real change of heart regarding

their standard recommendation to euthanize all dogs whether adult

or puppy, coming out of a fighting dog seizure.

(3) Largest dog fighting raid in U.S. history

St. Louis, Mo., July 8, 2009.

NEW YORK (CBS) More than 350 dogs were seized and about 30

people arrested during raids in five states Wednesday that animal welfare

groups are calling the largest simultaneous raid of dog-fighting operations

in the U.S.

(4) AMERICAN BAR ASSOCIATION

ADOPTED BY THE HOUSE OF DELEGATES

FEBRUARY 14, 2011 - RESOLUTION

• RESOLVED, That the American Bar Association urges federal, state, territorial, and

local legislative bodies and governmental agencies to enact laws and implement policies

to ensure the humane treatment and disposition of seized animals in a timely manner.

• Click here for the text of this resolution.

HSUS

$5,000 Reward

ASPCA

• Combating Dogfighting

– The U.S. Department of Justice’s COPS Office

and the ASPCA team up.

– www.aspcapro.org/cops

It’s in our hands.

NEW YORK:

•

The term, “Animal Fighting” shall mean

any fight between

• A. Dogs or any other animals

• B. Jen and Donna

• C. Cats and dogs

• D. Obama and Biden

Gambling

• The most visible form of gambling at a

dogfight involves

• A. formal agreements made months in

advance

• B. Impromptu street fights for cash

• C. informal side bets among individual

spectators

• D. Russian Roulette

Breeds of Criminal Activity

Associated with Dog Fighting

• A. Child Endangerment

• B. Weapons & drugs

• C. Rape/Homicide

• D. All of the above

When Executing a Search

Warrant

• A. You can allow the news media on the

property.

• B. Photograph the entire scene as well as

each animal.

• C. Seize all evidence used for training

including; chains, collars, spring poles, etc.

• D. B and C

The Animal Fighting Law in NY

is located in:

• A. NYS Ag. & Mkts. Law Article 26

Section 353

• B. NYS Ag. & Mkts. Law Article 26

Section 351

• C. NYS Ag. & Mkts. Law Article 26-A

• D. My back pack

It is a in NY felony to:

• A. For amusement or gain, cause any

animal to engage in fighting

• B. Train, breed or sell any animal under

circumstances evincing an intent that such

animal engage in fighting

• C. Permit these acts (cause a fight, trains,

breeds, or sells) to occur on premises under

his/her control

• D. All of the above

Which is a felony in NY?

• A. Be a spectator at a fight

• B. Own, possess or keep any animal under

circumstances evincing an intent that such animal

engage in fighting

• C. Own or possess any animal trained to engage in fighting on premises where fighting is being conducted under circumstances evincing an intent that such animal engage in fighting

• D. B and C

Vick was in prison for violating:

• A. Virginia’s animal fighting law

• B. Sponsoring or exhibiting an animal in an

animal fighting venture

• C. The federal Animal Fighting Prohibition

Enforcement Act

• D. Virginia’s felony animal cruelty law

Vick served time for state animal

fighting charges

• A. No, the charges were dropped.

• B. Vick served 18 months in Richmond, VA.

• C. There were only federal charges.

• D. Vick submitted a guilty plea to a single

Virginia felony charge for dog fighting, receiving

a 3 year prison sentence, imposition of which was

suspended upon condition of good behavior, and a

$2500 fine.

You can make a difference.

• A. When you know the law

• B. When you recognize the evidence

• C. When you persist with police,

respectfully

• D. All of the above