AR: Motion hearing set in dog fighting case

Posted July 3, 2017 05:26 pm
By MARISA HICKS
Log Cabin Staff Writer
Motion hearing set in dog fighting case

A motion hearing has been filed in a case against a Conway man accused of unlawful dog fighting.



Carl Johnson, 36, was charged with simultaneous possession of drugs and firearms, possession of a controlled substance, maintaining a drug premises within 1,000 feet of a drug-free zone and unlawful dog animal fighting following a January incident where authorities confiscated eight pit bulls from a residence at 1710 Donaghey Avenue.

Johnson, who has pleaded not guilty, is now scheduled to have a motion hearing in October.

His attorney, Jimmy Morris Jr., is asking that statements Johnson made during questioning and other physical evidence found on scene be suppressed.



Morris said a narcotics investigator with the Conway Police Department “conducted a custodial interrogation of the defendant regarding these charges, resulting in an alleged inculpatory statement from the defendant” on Jan. 4, 2017.

According to the motion filed to suppress Johnson’s statements, this interrogation “was in violation of the defendant’s constitutional rights” and should not be used as evidence in the case.

The defense is also asking that physical evidence collected on scene not be used against Johnson.

According to court documents, CPD investigators and the SWAT team were executing a search warrant of the Donghey Avenue residence when drugs and the dogs believed to be involved in dog fighting were found.

“Police officers improperly relied upon a search warrant for narcotics in violation of Arkansas Rules of Criminal Procedure and lacked exceptional circumstances to search,” the motion to suppress physical evidence reads. “During the course of the search of Defendant’s property, certain items from his residence were illegally seized in violation of the Defendant’s rights under the United States and Arkansas Constitution and the evidence should therefore be suppressed.”

After SWAT members secured the residence Jan. 4 so investigators could carry out their search warrant, several contraband items were found in the master bedroom, including methamphetamine, a polymer Norinco SKS rifle and a magazine that matched the gun containing 24 live rounds.

Investigators found a second rifle loaded with three rounds under the bed. Seven additional rounds were found on the side saddle, the affidavit states. According to court documents, Carl and Sheree Johnson stayed in the master bedroom.

Investigators found the eight pit bulls in the backyard during the search of the residence.

The Conway Animal Control Unit responded to and searched the area.

“Inside the garage they recognized numerous items, which in their training and experience are used for preparing a dog for fighting other dogs (K9 medical supplies, spring pole with animal hide attached, two scales, replacement hides for spring pole, [and two] dog treadmills),” the affidavit reads.

The dogs were taken to a veterinarian, who reported one of the dogs “had injuries that appeared to be from a recent fight.”

Deputy Prosecuting Attorney Cortney Cato has objected to the defense’s request, noting statements and evidence were not obtained illegally.

A motion hearing regarding the matter is set for 9 a.m. Oct. 23 in Faulkner County Circuit Court.

http://thecabin.net/local/news/crime/2017-07-03/motion-hearing-set-dog-fighting-case

 

Posted June 27, 2017 03:10 pm
By MARISA HICKS Log Cabin Staff Writer

Authorities looking for digital evidence in dog fighting case

Investigators have extracted data off two cameras, four cassette tapes and a hard drive they believe to contain digital evidence of unlawful dog fighting.

Eight pit bulls were removed from a residence on 1710 Donaghey Ave. on Jan. 4 during a narcotics investigation after it was suspected the dogs were being trained to fight, according to court records. The dogs were taken to the Conway Animal Control Unit.

A search warrant to extract data off two cameras, four cassette tapes and a hard drive was filed in Faulkner County Circuit Court and digital evidence was extracted that day.

Investigators believe the devices could contain evidence of dog fighting recorded on them.

According to court documents, the Conway Police Department was conducting a search warrant at the Donaghey Avenue residence in January when the dogs were found.

Investigators were watching a man later identified as Dequarius Johnson exit the residence and look around the yard before going back inside. Shortly after, Johnson walked back outside and over to a red Chevy Camaro that had parked at the end of the driveway.

In the affidavit, investigators noted Johnson’s actions matched what they believed to be a drug transaction.

“He walked to the passenger window of the vehicle and leaned over,” a probable cause affidavit reads. “He reached his hand into the vehicle and then placed [it] into his pocket. He again reached the same hand into the vehicle. During my four and a half years as a narcotics investigator I have been able to observe numerous drug transactions, which appeared to be exactly what was taking place between Johnson and the occupants of the red Chevy Camaro.”

At that point, CPD and SWAT team investigators surrounded the car and searched Johnson, as well as the driver, Jessica Vail, and the passenger, Andrew Burton.

Investigators found half an oxycodone on Burton as well as three hydrocodones and “a partial marijuana cigarette” in the vehicle, according to the affidavit.

After SWAT members secured the residence so investigators could carry out their search warrant, several contraband items were found in the master bedroom, including methamphetamine, a polymer Norinco SKS rifle and a magazine that matched the gun containing 24 live rounds.

Investigators found a second rifle loaded with three rounds under the bed. Seven additional rounds were found on the side saddle, the affidavit states. According to court documents, Carl and Sheree Johnson stayed in the master bedroom.

Investigators found the eight pit bulls in the backyard during the search of the residence.

The Conway Animal Control Unit responded to and searched the area.

“Inside the garage they recognized numerous items, which in their training and experience are used for preparing a dog for fighting other dogs (K9 medical supplies, spring pole with animal hide attached, two scales, replacement hides for spring pole, [and two] dog treadmills),” the affidavit reads.

The dogs were taken to a veterinarian, who reported one of the dogs “had injuries that appeared to be from a recent fight.”

Digital evidence was extracted Tuesday from the devices found in the garage.

Vail has since pleaded guilty to possession of an instrument of crime and Burton has pleaded guilty to possession of a controlled substance since the Jan. 4 incident.

Carl is set to appear in Faulkner County Circuit Court on June 30 for a pretrial hearing. He is charged with simultaneous possession of drugs and firearms, possession of a controlled substance, maintaining a drum premises within 1,000 feet of a drug-free zone and unlawful animal fighting.

His attorney, Jimmy Morris Jr., has asked physical evidence and statements made by Carl be suppressed.

Deputy Prosecuting Attorney Cortney Cato has objected to the defense’s request, noting statements and evidence were not obtained illegally.

http://thecabin.net/news/local/crim...es-looking-digital-evidence-dog-fighting-case