Kerry Jones, left, and Michael Jones

A trial date has been set for two brothers accused of running a dogfighting ring in Smith County.

Michael Cameron Jones, 31, and Kerry Jones, 35, both of Tyler, are each facing one count of animal cruelty and two counts of dogfighting (participating in the earnings and providing a building). They were indicted on the charges Oct. 31, according to public records.

The Jones brothers were arrested in September after the Smith County Sheriff’s Office found 59 injured dogs and dogfighting equipment on their property. Police documents show the dogs had injuries ranging from severe to minor and scars consistent with fighting. The dogs were allegedly kept in cages or on chains in the yard.

Judicial records show Kerry Jones has an arraignment hearing set for 7:30 a.m. Friday in Judge Debby Gunter’s 241st District Court. Michael Jones waived his arraignment hearing that was scheduled for Nov. 15, according to online records.

A trial date has been tentatively scheduled for 9 a.m. Jan. 13 in Gunter’s court. Prior to the trial, the brothers will have a plea docket agreement hearing, currently set for 1:30 p.m. Dec. 5, with a pre-trial to follow at 2 p.m. Dec. 19 before the jury trial in January.

Last week, Michael Jones’ attorneys requested a bond reduction, which was denied. Michael Jones’ bond is set at $700,000, which includes marijuana charges, and Kerry Jones’ bond is $560,000. Their legal teams have argued the bonds are excessive.

Both men remain in the Smith County Jail.

Sixty-one animals – 59 dogs, two cats – were rescued from the Jones’ mobile home on County Road 4136 after Smith County Animal Control was called out to the property Sept. 9 after an anonymous tipster told officials they believed dogs were living in horrible conditions and a dog was possibly eating another.

Animal control officers arrived at the 9-acre property to find dozens of injured dogs. Some were confined in cages or make-shift kennels while others were found in a shed, tied to treadmills where they were being forced to “work out” with heavy weights on their necks, police said. The dogs had no ventilation or air conditioning in 85-degree weather and were susceptible to heat stroke or death, an investigator said in an arrest affidavit. Others were chained in the yard.

The dogs were malnourished with their ribs showing, according to the affidavit. Smith County Animal Control Supervisor Amber Greene said the animals didn’t have access to clean water.

Many of the dogs had fresh injuries with visible blood and scars “consistent with being fought,” an affidavit states. Injuries ranged from minor to severe; one dog had part of its bottom jaw missing while another had its nose removed, possibly from a bite, the document states. Others had scars. Some of the dogs were lethargic and unable to move.

Documents: Signs point to illegal operation

After a search warrant was executed, police searched a large wooden building that appeared to be under construction. Inside the building was mostly empty and there was a rectangular area that was boxed in with walls and carpet, which had “dark red stains consistent with dried blood,” according to the affidavit. Police said it looked as though the building was being used as “a fighting arena.”

Police also found bite or break sticks commonly used to break a dog’s bite, with bite marks showing they had been used; weighted collars used to strengthen fighting dogs; and multiple vials and syringes of canine medicines including tranquilizer.

Where are the dogs now?

Smith County Animal Control was housing 55 dogs and two cats rescued from the alleged fighting ring. Recent evaluations determined that 11 of the dogs are considered unsafe for adoption and will need to be euthanized, according to officials.

Animal Behavioral Specialist Morgan Rivera was flown in from Jacksonville, Florida, by the Humane Society of the U.S. to evaluate 38 game-bred pit bulls at the shelter. From Oct. 18-19, she conducted assessments of the dogs, with some being evaluated twice in different environments.

According to Amber Greene, supervisor of Smith County Animal Control, the dogs were taken to the shelter’s back fenced-in area where dogs were allowed to be introduced on leash and walk away from each other.

“During this time, Ms. Rivera stated what she was watching for was body language, the stiff or loose body, the tight lip, the licking of the lips, the stare and how fixated the dog was with the other dog, and if they were really fixated, how hard was it to distract them from the other dog,” Greene said.

Greene said two dogs bit staff members and have tried to go after other dogs.

An example of recommendation by Rivera included her noting a dog who was easy to leash and remove from the kennel; however, when the dog noticed the “helper dog,” it became fixated with a stiff and erect tail and tight skin. The dog — who had significant facial scarring — then attempted to grab the other dog through the bars of the kennel with vocalization and growling, Greene said.

The staff was able to pull the dog away but it remained fixated on the other dog, not able to disengage or shift focus. Rivera concluded this dog, and 10 others, wouldn’t be safe in a home environment.

Because they were trained to fight, they would not be safe around other dogs and people, Rivera said, adding that they have a mentality to fight.

“Ms. Rivera has a Masters in Animal Behavior and is a Certified Professional Dog Trainer-Knowledge Assessed,” Greene said. “I (fully) trust her determinations and recommendations.”

Rivera found that 27 dogs were not aggressive but some will need more rehabilitation and care. According to the county, the two cats and 17 bully dogs have been picked up by rescues.

Greene is working with other out-of-state rescues who specialize in game-bred dogs for assistance with either coming to get the remaining dogs or placing them with other rescues.

Because of the high-profile nature of the criminal case surrounding the seizure of these animals, the remaining dogs at the shelter will not be available for adoption or rescue locally, Greene said. They will also not be posted on the animal shelter’s website or social media.

Six of the more severely injured dogs from the seizure were taken to Spence and White Veterinary Hospital for immediate medical attention and were in the care of Nicholas Pet Haven.

More about the accused

Kerry Jones was on site during the initial call and search warrant. He told police he owned the property and all the dogs other than the “bully” breeds, but wouldn’t answer any further questions without a lawyer, an arrest affidavit states. His brother Michael Jones told police he was the co-owner of the property and owner of the “bully” dogs.

The arrest affidavit states officers had been called out to this home before to investigate reports of possible dogfighting, but “no dogs or corroborating evidence could be located on the property” until Monday, the document states.

Illegal practice

In these illegal operations, people arrange for dogs to fight at venues for gambling and entertainment purposes, according to the U.S. District Court for the Eastern District of Texas.

Under federal law, it is illegal to fight dogs in a venture that affects interstate commerce and to possess, train, transport, deliver, sell, purchase or receive dogs for fighting purposes.

In Texas, a dogfighting offense can be a misdemeanor or state jail felony. In the case of these charges, it is a state jail felony, according to Texas Penal Code.

Dogfighting is a misdemeanor for anyone who owns or possesses dogfighting equipment with the intent that the equipment be used to train a dog for fighting; owns or trains a dog with the intent that it be used to fight; or attends as a spectator an exhibit of dogfighting. However, the charge is a state jail felony when a person intentionally and knowingly causes a dog to fight with another dog; participates in the earnings or operates a facility used for dogfighting; or uses or permits another to use any real estate, building, room, tent, arena or other property for dogfighting.

If convicted of the felony, a suspect could face a fine of up to $10,000 and jail time of up to two years.

A cruelty to non-livestock animals charge can be a misdemeanor, second- or third-degree felony, or state jail felony depending on the circumstances. For example, failure to provide necessary food, water, care and shelter is a Class A misdemeanor, while causing an animal to fight with another or using a live animal as a lure in dog training makes the charge a state jail felony.