Brothers accused in dogfighting ring set for court again next week as animal advocates seek justice for dogs

Published 11:50 pm Wednesday, September 18, 2024

Two Tyler men accused in a suspected dogfighting ring appeared in front of a judge Wednesday while animal advocates showed up in support of the dogs who were seized during the bust.

Kerry Jones, 34, and Michael Jones, 31, were arrested Sept. 9 after 59 dogs and two cats were seized from a Tyler property. The brothers, who both remain in the Smith County Jail, attended civil proceedings in Judge Derrick Choice’s court regarding the custody of the animals.

Before the hearing began, Kerry could be seen with his head down, while Michael smiled and waved at the cameras manned by local media reporters before the start of the hearing.

Choice granted a continuance at the Wednesday hearing to allow for due process since the Joneses did not have legal representation until that day. Additional time was requested for attorneys to consult with their clients.

The animals who were seized from the suspected dogfighting operation will remain in Smith County Animal Control custody for now.

“My client has not yet had an opportunity to review those items in anticipation of this afternoon’s setting,” said Edward Estrada, attorney for Michael Jones. “We are asking for a brief recess of a few days, just so the state can comply with the laws and rules governing disclosure, allowing us to access the material that will be presented to the court for its consideration on whether forfeiture should be allowed or not.”

Joseph Murphy, the attorney listed on judicial records as representing Kerry Jones, was not present at the hearing.

“I’m not going to object to the continuance,” Assistant District Attorney Thomas Wilson said. “However, I would note that we’re ready to proceed with trial. We have our evidence, we have our witnesses here. The statute … actually requires the trial on the merits for the seizure of these animals to be held within 10 calendar days of the date of the seizure. We’re close to that date.”

The brothers have been in custody since Sept. 9 without legal representation. Thomas acknowledged that Estrada was hired earlier that morning to represent Michael but noted that seizure paperwork had been left on the property. He said the defendants and their family could have secured legal representation during the last week and half that the Joneses have been jailed.

“There are due process considerations in this case, but I would like to emphasize that this is a civil trial, not a criminal trial. Therefore, the burdens of discovery and compliance with criminal procedure do not apply here,” Wilson said. “We will provide Mr. Estrada with all the evidence we have at our disposal. In fact, I spoke with him briefly before this hearing and showed him some of the evidence I intend to present if the court decides to move forward today.”

The Smith County Animal Shelter, still in custody of the animals, is operating far beyond its capacity while trying to find homes for the animals it had before having to shelter dozens more. Six of the seized dogs needed immediate medical attention from a Tyler veterinarian due to injuries that police believe were caused by dogfighting and abusive training methods.

“It is my understanding that both Mr. Estrada and Mr. Joe Murphy were hired this morning,” Choice said at the Wednesday hearing. “It wouldn’t be due process if we didn’t allow these attorneys to deal with their clients and properly prepare for this hearing today.”

The trial date was reset for 1:30 p.m. Sept. 26 in Choice’s courtroom at the annex, located at 200 E. Ferguson St. in downtown Tyler. No dates are yet scheduled for the Jones’ criminal hearings, according to judicial records.

Animal advocates seek justice

A crowd of people showed up to the hearing in support of the animals, who were rescued from what police and animal welfare leaders described as horrible conditions.

People could be seen outside the annex holding signs with messages including, “A dog’s purpose is to be loved, period”; “Justice for the dogs”; and “They don’t deserve them back.”

Some of the animal supporters in attendance were wearing gray T-shirts, sold by nonprofit Nicholas Pet Haven, that had images of the injured dogs’ faces printed on them with text, “Justice for the innocent.”

Tensions were high among the supporters and people who appeared to be relatives or friends of the Joneses.

Supporters who couldn’t fit in the courtroom stayed in the annex hallway. Some showed up early and waited outside the building before the hearing.

“This is a big thing for us,” said Bill Tandy, a spectator. “I’m hopeful something will be done… this is beyond ridiculous. I blame (the defendants) for what they did, if that in fact is what happened. But I really blame the City of Tyler and (Smith County)… we should have laws that prevent this kind of stuff.”

While there are state and federal laws against dogfighting, advocates believe legislation should be tougher.

Supporters also advocate against the use of puppy mills and the practice of buying dogs in parking lots.

“Those dogs end up in these kinds of situations,” Tandy said. “When you look at the dogs that have weights on, they’re on a treadmill… and ones who were stapled up and then put back into fighting… who can speak up for the dogs? It’s up to us.”

Dr. Gary Spence of Spence and White Veterinary Hospital in Tyler was also at the hearing. He said the six critical dogs in his care are doing well.

“We’re still waiting on the one dog that had to go straight to surgery for the eye, but… it’s looking good,” he said. “The bait dog that had her face stapled over and over, she looks amazing… she loves us and she is safe. But the situation they all came out of is just horrendous.”

While some of the rescued animals will be adoptable once custody is decided, others will need time to heal from their experiences as fighting dogs.

“A lot of them are going to need to be single-dog families… no cats, no small children,” Spence said.

In the wake of the bust, the community has shown an overwhelming response toward the rescued animals, coming together to advocate for their welfare and find them loving homes.

“I’ve been in practice in Tyler for 40 years and I’ve never seen such a response from the community,” Spence said. “The clinic… we get lunch brought to us every day. The donations have quadrupled. But it’s important for people to come out and really pay attention to what happened here. Pets’ lives matter.”

Case background

Prior to the Sept. 9 bust of what police believe is a dogfighting ring at the Jones property, officers had been called out to this home before. The calls were to investigate reports of possible dogfighting, but “no dogs or corroborating evidence could be located on the property” until Sept. 9, according to an arrest affidavit.

Animal control officers arrived at the 9-acre property on County Road 4136 last week 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 had no access to clean water.

Many of the dogs had fresh injuries with visible blood and scars “consistent with being fought,” the 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.

In the affidavit, police went on to say there was a rectangular area that was boxed in with walls and carpet in a large wooden building, where dried blood was found. This is believed to be a “dogfighting arena,” police said. Bite/break sticks were also found, in addition to weighted collars and canine medications, including tranquilizer.

Want to help?

The main thing animal organizations are asking for during this time is for residents to foster or adopt animals currently in their care to free up space for the injured dogs that were rescued last week.

For information on the adoptable dogs at the county shelter, call the Smith County Animal Control administrative office at 903-266-4303. Fosters are also needed. The shelter is located at 322 East Ferguson St. in Tyler. Adoptable dogs can be seen online at https://www.smith-county.com/government/departments/animal-control/animal-listings .

Those who do not get adopted are at risk of euthanasia, Greene said, although there is no specific date set.

Nicholas Pet Haven is accepting donations to go toward the affected dogs’ veterinary care. Donate via PayPal at PayPal.me/nicholaspethaven, call 903-312-7585, or visit the facility at 12903 Hwy 155 South in Tyler. Supplies needed are bleach, paper towels, heavy duty trash bags, Clorox wipes, newspapers, blankets and any other cleaning items. Donors can leave the donations on the porch if the facility is not open.

Criminal charges

Kerry and Michael Jones both remain in the Smith County Jail on bonds of $560,000 and $500,000, respectively. Michael faces a charge of cruelty to non-livestock animals by fighting or luring, while Kerry faces a charge of cruelty to non-livestock animals/failure to provide, and a charge of dogfighting (participating in earnings/providing building).

In illegal dogfighting 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.

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.