Bad Newz Kennels

The Bad Newz Kennels dog fighting investigation began in April 2007 with a search of property in Surry County, Virginia owned by Atlanta Falcons football quarterback Michael Vick, and the subsequent discovery of evidence of a dog fighting ring. Over fifty dogs, mostly pit bull terriers, with some said to be showing signs of injuries, were seized, along with physical evidence. Additionally, a number of dog carcasses were reportedly recovered during several subsequent searches of Vick's 15-acre property by local, state and federal authorities.

In July 2007, Vick and three other men were indicted on federal felony and misdemeanor charges relating to a six-year long continuing criminal enterprise of an interstate dog fighting ring known as "Bad Newz Kennels", apparently based upon a local nickname for Newport News, Vick's hometown. Allegations included Vick's direct involvement in dog fighting, high stakes gambling, and brutal executions of dogs.

Public outcry resulted from widespread news media publicity of the details obtained beginning on July 6 under the U.S. Freedom of Information Act which included hanging, drowning, electrocution and shooting dogs. There were public demonstrations by both Vick supporters and animal rights activists. On July 23, Vick was told not to report to the Falcon's training camp, and faces possible discipline which could include a lifetime ban from the league, which considers player involvement with gambling activities particularly objectionable. NFL commissioner Roger Goodell stated he wants to see the legal outcome of criminal charges before rendering a decision. Falcons team owner Arthur Blank told Vick to not anticipate playing until after the matter is resolved. In the wake, many companies who had been paying for his endorsements withdrew Vick products from retail marketing.

By August 20, all the defendants on the initial federal charges including Vick had agreed to guilty pleas under plea bargain agreements, apparently avoiding facing the possibility of additional and more serious charges under the powerful Racketeer Influenced and Corrupt Organizations Act, While terms have not been disclosed, prosecutors reportedly offered Vick a deal which would allow him to plead guilty only to a single felony charge. Based upon sentencing guidelines, the defendants would likely receive sentences of 12 to 18 months in federal prison. However, Judge Hudson, who is not bound by sentencing recommendations in plea agreements, had previously advised two of the defendants that the aggravated circumstances involving executing the dogs warranted an upward revision of the sentencing guidelines. Vick will appear before Judge Hudson on August 27 to submit his own guilty plea. In a statement released by his lawyer, Vick agreed "to accept full responsibility for his actions and the mistakes he has made."

In addition to federal actions, a parallel local investigation had also been underway. Surry County prosecutor Gerald L. Poindexter stated he will seek indictments from the county grand jury for violations of Virginia laws in September, although no individuals were specifically named. He described the information contained in the federal plea agreements "a road map to indictments in Surry County." Plea bargains with federal prosecutors would have no official standing in the local cases against any of the four federal co-defendants. (Double jeopardy concepts would not apply to state and federal overlapping cases). ESPN reported that Vick could face up to 40 years in prison on state charges.

Initial searches

Beginning on April 25, 2007, a large house and surrounding 15-acre property Vick owned in rural Surry County, Virginia where his 26-year old cousin Davon T. Boddie had been residing became part of a continuing police investigation for possible operation of an illegal dog fighting ring. The action came after police executing a search warrant following two narcotics arrests of Boddie within a week in the Virginia Peninsula cities of Newport News and Hampton (each about 20 miles away from the Surry County property) earlier in April. Boddie had given the address of Vick's property in Surry County as his home address when arrested. Earlier, in February 2007, Boddie was convicted in the City of Norfolk of disorderly conduct. At that time, he was carrying a Georgia driver's license giving his address as house in Duluth, Georgia which was once owned by Vick.

According to ESPN, during the April 25 narcotics-related search of Vick's home and property at 1915 Moonlight Drive in the southeastern portion of Surry County, police discovered a large number of animals, and evidence which they felt indicated dog fighting. They called animal-control officers, who saw what they said was evidence that dogfights had taken place there. Police obtained another search warrant, and, with the help of animal control officials from several localities, removed 66 dogs, 55 of them pit bulls, and seized equipment and some physical evidence that could be associated with dog fighting. WAVY-TV reported that detectives also seized guns, illegal ammunition magazines, suspected marijuana and paperwork on dog fighting.

Vick's response

In late April 2007, at a New York news conference to announce his participation in the NFL Quarterback Challenge, Vick was quoted in the The Atlanta Journal-Constitution "I'm never at the house...I left the house with my family members and my cousin...They just haven't been doing the right thing... It's unfortunate I have to take the heat behind it. If I'm not there, I don't know whats going on." According to The Virginian-Pilot newspaper, the Newport News native also said at that time. "It's a call for me to really tighten down on who I'm trying to take care of.... Lesson learned for me."

According to a story published in the Virginian-Pilot on June 2, 2007 there is evidence that Vick does support others in his family. The newspaper reported he owns various properties in the area, including a home in a posh Suffolk, Virginia subdivision on the James River and Nansemond River where his mother lives. He's also building a home in another upscale neighborhood on the Nansemond River on land valued at $473,800.

Business associates in kennel business at Surry County property

In the following several months, various media sources revealed that Vick has close ties and business relationships with three other men who are apparently not his relatives, but were involved with the Surry County property and/or his activities with pit bulls prior to April 25. Tony Taylor, Quanis L. Phillips, and Charles W. Reamon, Jr. Both Taylor and Phillips have had drug-related brushes with the law; Reamon has had multiple firearms incidents.

Charles W. ("C.J.") Reamon, Jr., is the nephew of Vick's former high school coach, Tommy Reamon. It was reported that in January 2006 he paid the $50 fee to renew the Moonlight Road kennel license which is listed in Taylor's name with Surry County. Reamon's uncle, Tommy Reamon, who coached Vick during his high school football career in Newport News, described his nephew as "a good boy who works for Vick." Coach Reamon has recently accused the news media of "trying to destroy" Vick, which Newport News Daily Press columnist David Teel described as a "tired, transparent and bogus claim."

"C.J." Reamon has three convictions related to illegal firearms or airport security, including being caught for lying about his criminal record when he was employed in security work at Norfolk International Airport (discovered during a "sting" investigation), and an incident in August 2006 when he was caught carrying a loaded .357 SIG Glock into the Newport News/Williamsburg International Airport terminal. In February 2007, "C.J." Reamon and Vick were together when Vick was charged with a minor fishing boat sticker violation in Norfolk's Western Branch Reservoir by a Virginia game warden.

ESPN reported that, very shortly after the initial raid in late April, Vick "threw Taylor off the Surry property" and listed it with real estate agents for sale. The 15-acre property includes a large brick house painted white, a small swimming pool, and a basketball court. Four outbuildings painted black are located in the woods. It was reported by the local news media as under a sales contract for approximately 50% of its assessed value with a day or so of listing. However, according to published reports, as of July 6 no transfer papers had been filed with the county clerk where deeds are recorded.

Local investigation, April 25 search challenged by cousin

During the subsequent weeks, Surry County Sheriff Harold D. Brown and Commonwealth's Attorney (local prosecutor) Gerald G. Poindexter, repeatedly responded to media inquiries with assurances that they were proceeding carefully with the investigation and any prosecutions and that any one "whoever they are" who evidence indicates had acted unlawfully will be charged. According to the Code of Virginia (3.1-796.124), illegal activities relating to dog fighting (or supporting it) are felony offenses under Virginia laws. Other Virginia criminal statutes also prohibit gambling, which has also been alleged against Vick by an ESPN source who claimed to have seen Vick bet as much as $40,000 on the outcome of a single dog fight. On May 31, when asked by a news reporter for WAVY-TV whether there was evidence that placed Vick at dog fights, Poindexter replied "Yes".

On June 7, Boddie, who had recently moved from Surry County to Newport News, conducted interviews with news reporters from local television stations and the Newport News Daily Press newspaper in front of the nightclub in Hampton where one of his arrests had taken place. He alleged a conspiracy by authorities dating from 2001, claiming the amount of marijuana he admits having on April 20 was not justification for the search warrant of his Surry County residence, an opinion local prosecutors from several different jurisdictions took strong objection to, according to the Daily Press on June 8. Boddie accused authorities of being dishonest regarding the quantity of drugs he had and whether he was in possession of a firearm when arrested on April 20, claiming that the authorities will do anything to make "him and his peeps [people] look bad."

Federal investigation assisted by state police revealed

Following weeks of increasing reports in the news media of Vick’s involvement and new evidence and witnesses reportedly coming forward to authorities, according to USA Today, on June 7, federal authorities, assisted by the Virginia State Police, revealed their own investigation, and began an additional search of the property. Surry County Commonwealth's Attorney Poindexter told USA Today that an official of the U.S. Department of Agriculture's Office of the Inspector General notifying him by telephone about 3 PM EDT on June 7 also advised him that the local authorities were free to continue their own ongoing investigation. News media reports on WAVY-TV at 11 PM that evening placed Poindexter at the Vick home and property, apparently observing the search. Federal authorities, assisted by Virginia State Police, conducted an additional search on July 6, as reported by multiple news media sources. Federal and state police officials had not issued any public statements as of that time.

New federal dog fighting laws, recent investigations elsewhere also

Main article: Dog fighting in the United States

A story in the New York Daily News published on June 10 stated "dog fighting is a multi-million-dollar industry that is part of an underground subculture that holds its events in secret locations. It is extremely difficult for authorities to prove who has dogs for fighting purposes." Regarding dog fighting, which is unlawful in the United States, according to an attorney for the Humane Society, if convicted under the Virginia laws, Vick could face up to five years in prison and a fine of $2,500 on each count. In June, a circuit court judge in Richmond, Virginia imposed a four-year prison sentence and $20,000 in fines on a convicted dog fighter in an unrelated case. The Animal Fighting Prohibition Enforcement Act, a new federal law, was enacted by the U.S. Congress earlier in 2007 and signed by President George W. Bush on May 3, making organizing a dog fight a felony. Using the provisions of the new law, which took effect immediately, the U.S. Department of Agriculture (USDA) is pursuing similar cases elsewhere with considerable support from humane societies and local police departments. The law provides a penalty of up to three years of jail time and up to a $250,000 fine for each offense of interstate or foreign transport of animals for fighting purposes.

In March 2007, a combined federal, state and local law enforcement team disrupted a large dog fighting network in Dayton, Ohio which was operating in Ohio, Kentucky, and Michigan. That investigation had lasted a year. More than two dozen arrests were made and more than 60 dogs were seized. In May, 7 persons in Ohio submitted guilty pleas to state charges. Sentencing was pending at the time of a USDA news release in June 2007.

Federal court filings and additional search

Documents filed in federal court in Richmond on July 2 and obtained by the Associated Press under the Freedom of Information Act outline an extensive multi-state dog fighting enterprise named "Bad Newz Kennels" which was allegedly operating from the Vick property since at least 2002. For the events, participants and dogs traveled from South Carolina, North Carolina, Maryland, New York, Texas and other states. At least three people are expected to be indicted. On July 7, the Free-Lance Star newspaper based in Fredericksburg, Virginia noted that on Vick's website, he lists his birthplace as Newport News, "a.k.a. BadNews." The same day, The Atlanta Constitution noted that the Urban Dictionary lists "Bad Newz" as the street name for Newport News. WAVY-TV (Portsmouth, VA) posted a copy of one of the federal court document from July 2, and has made it available online at WAVY-TV online copy of July 2 document obtained under Freedom of Information request about the "Bad Newz Kennels" interstate dog fighting investigation.

Status of investigations, charges

Federal

July 2 Filings

The federal court filings of July 2 allege that Vick's property was used as the "main staging area for housing and training the pit bulls involved in the dog fighting venture." A source close to the investigation told ESPN's Len Pasquarelli that the events of Friday [July 6] were "very helpful in the overall and ongoing investigation into an alleged dogfighting ring at that property. ... Remember, this is an investigation into what has been considered an enterprise involving many people... From our standpoint, it never has focused on an individual and it still doesn't."

July 17 Indictments

On July 17, a federal grand jury indicted Vick and 3 others on multiple counts, stating that Vick and co-defendants Pernell A. Peace, Quanis L. Phillips and Tony Taylor spent six years "knowingly sponsoring and exhibiting in an animal fighting venture." Specific allegations of cruelty made in the July 17 indictment, and speculation about how the case might affect Vick's football career, are discussed in some detail in George Dohrmann's Sports Illustrated column.

The grand jury also charged the men with establishing a kennel to represent dogfighting competitions, purchase and train pitbulls in dogfighting competitions and "destroying or otherwise disposing of dogs not selected to stay with the ongoing animal fighting venture." Judge Henry E. Hudson has been assigned the case in U.S. District Court in Richmond.

According to an ESPN attorney, a new "tough" federal law passed by the U.S. Congress in April 2007 and signed by President George W. Bush on May 3, 2007 is being used in many ongoing investigations of dog fighting around the country. However, the current federal charges facing the men are under the prior laws, which carry lower penalties. Vick and his codefendents each face $350,000 in fines and six years in prison if convicted of the federal charges. (On the Travel Act portion of the conspiracy charges, he faces a maximum of five years in prison and a $250,000 fine. The dogfighting charges carry a possible sentence of one year in prison and $100,000 fine or both). The indictment also puts them on notice that the government intends to take possession of property used in the illegal operations and any proceeds, which could possibly include the Surry property, which is currently assessed for county real estate taxes at over $700,000.

Defendants: Peace, Phillips, Taylor, Vick

The Virginian-Pilot reported that the other three men indicted are long time associates of property-owner Vick, who was also known to members of the alleged conspiracy as "Ookie" according to the federal indictment.

• Purnell A. Peace (also known as "P-Funk" or "Funk") had drug-related convictions in the 1990s. He called the Surry County Sheriff's Office in May 2007 to report a break-in and theft of furniture at Vick’s Moonlight Road property. With his residence listed as Virginia Beach, media sources have published no information about him beyond that contained in the federal indictments and the break-in report from May.

• Quanis L. Phillips (also known as "Q") played football with Vick in high school in Newport News. The federal indictment claims that he, along with Vick and defendant Tony Taylor, purchased four pit bull puppies for approximately $1,000 in September 2001 from someone in Williamsburg, Virginia. He was listed as a contact to call to buy a dog on a website (no longer active) for "Vicks' K9 Kennels", which apparently operated from the Surry property. The website, no longer active, said it bred pit bulls but "was not involved with dogfighting." That website was linked to MV7 LLC, a company affiliated with Vick. The Atlanta Journal-Constitution identified Phillips as one of Vick's employees with MV7 LLC in an article about marketing shoes. On the now-defunct website, Phillips was listed as the person to contact about purchasing dogs. His criminal background includes a 1997 arrest for possession of stolen property and a guilty plea in 1999 to misdemeanor possession with intent to distribute marijuana. In October 2000, he was convicted in Newport News of violating drug control act, sentenced to one month in jail and fined, and also convicted of contempt of court and sentenced to five days in jail. In May 2001, he was convicted in Newport News of possession of marijuana with intent to distribute, and fined.

• Tony Taylor (also known as "T") came to Newport News after serving two years in prison for drug trafficking in New York, according to published report in the Atlanta Journal-Constitution. He found the property at 1915 Moonlight Road in Surry County to establish a place to house and train the pit bulls, authorities said. Court documents show he also helped purchase four pit bulls in September 2001. In 2002, the documents show, he apparently executed at least two dogs that did not perform well in test fights. He was listed as the registered agent for MV7 LLC, a company named after Vick’s initials and his jersey number, when it organized in June 2002 at the Moonlight Road address. ESPN reported that the Treasurer of Surry County had issued a license which was valid in April for a kennel and for the breeding of dogs on Vick's property to Tony Taylor. Taylor was arrested in Newport News on a cocaine possession charge in 1996; it was dismissed after he completed a substance-abuse program and following one year of good behavior. In 2000, a City of Suffolk judge issued bench warrant for his arrest after he failed to appear on charges of reckless driving and driving on suspended license. In 2004, a veterinary clinic in Smithfield obtained a $145.50 civil judgment against Taylor in Isle of Wight County General District Court.

• Michael Dwayne Vick (also known as "Ookie") is the property-owner and apparently principal financier of the operation. Vick has a clean criminal record, and apparently paid for the property soon after joining the NFL in the 2001 draft. The indictment also names him as directly paying gambling obligations at dog fight events and as a participant in some of the extreme animal brutality incidents involving under performing dogs, including the killing of 8 dogs with Peace and Phillips in April 2007. The day before the Bad Newz Kennels dog fighting investigation began, Vick missed an appearance on Capitol Hill.[1]
  • On July 23, 2007, ESPN reported that Vick has retained the services of former federal prosecutor Billy Martin of the Washington, D.C.-based legal firm Sutherland Asbill & Brennan LLP for his defense against the federal criminal charges. Martin's notable past clients have included NBA stars Allen Iverson and Jayson Williams, Monica Lewinsky's mother, Chandra Levy's parents, and former Atlanta mayor Bill Campbell.

Detention and arraignment hearing, bail conditions

On July 26, all four pleaded "not guilty" to all of the charges against them during a hearing before Judge Hudson at the Lewis F. Powell Jr. U.S. Courthouse in Richmond, and a trial date was set for November 26. USA Today reported that all four defendants were released without bond, but among the pre-trial conditions imposed on Vick by U.S. Magistrate Dennis Dohnal in a separate hearing held the same day was that he surrender any dog breeding or kennel licenses he may have. All four defendants were required to be under active supervision of the court, surrender their passports, refrain from travel outside their immediate area without prior approval, and stay away from dogs, guns, and each other. Peace, Phillips and Taylor must undergo random drug tests, but not Vick, as he has no prior convictions. Peace and Phillips were also required to submit to electronic monitoring via ankle bracelets. Taylor was ordered to undergo substance abuse evaluation and treatment.

Superseding indictment plans announced

Federal prosecutors announced that they will file a superseding indictment by the end of August. According to a representative of the U.S. District Court, a superseding indictment could mean new charges and possibly new defendants in the case. ESPN.com legal analyst Lester Munson said given the reputation of Richmond's federal prosecutors, he anticipates that Vick will face more federal charges. Munson also believes that the threat of a superseding indictment is intended to make the defendants plead guilty and cooperate with the government. While Munson doesn't think Vick will agree to a plea bargain, he believes his co-defendants may testify against him in return for a lighter sentence.

The two hearings took a total of 25 minutes, which is typical for a court popularly known as "the rocket docket" for the speed with which proceedings are conducted. It was unclear whether the same bail arrangements would also apply to additional federal charges, should any result from the superseding indictment anticipated next month, or whether additional state charges would violate the terms of the bail.

Vick prepared statement

Afterwards, Vick issued a prepared statement through his lawyer, his first public comment since the indictment, in which he proclaimed his innocence, but apologized to his mother and his teammates. The terms of his bail theoretically leave Vick free to play until the trial, provided he gets permission from the court to travel outside the immediate area of his primary residence. However, Atlanta Falcons owner Arthur Blank has stated that Vick should give up thoughts of playing until the case is resolved.

Taylor pleads guilty, submits "Summary of the Facts"

On July 30, Tony Taylor entered a guilty plea before Judge Henry E. Hudson at the U.S. District Court in Richmond. Taylor, 34, said he was not promised any specific sentence in return for his cooperation with the government. The Roanoke Times reported that Judge Hudson asked Taylor: "You're pleading guilty and taking your chances, right?" and "You have agreed to cooperate fully with the United States, is that right?"

Taylor responded to each question, "Yes." Hudson set sentencing for December 14.

According the Washington Post, in the "Summary of the Facts" filed along with the plea and signed by Taylor, he admitted that he helped start "Bad Newz Kennels" with Vick and two other co-defendants in 2001 and participated fully in the enterprise before leaving in September 2004 after a disagreement with Phillips "and others."

Taylor's statement says the dogfighting ring's operations and gambling money "were almost exclusively funded by Vick." It also says Vick paid more than $30,000 to purchase the property near Smithfield, Virginia, where the house and outbuildings for training fighting dogs were built as the home of Bad Newz Kennels.

The Norfolk Virginian-Pilot newspaper noted that Taylor's plea document described eight matches that he says Vick attended or sponsored between late 2002 and 2004, with dogs named Jane, Big Boy, Zebro, Magic, Tiny and Too Short. The group put the name "Bad Newz Kennels" to the operation in early 2002, according to the document. "At one point, the defendants obtained shirts and headbands representing and promoting their affiliation with 'Bad Newz Kennels,' "the summary says.

The newspaper made a copy of the entire 13-page "Summary of Facts" submitted with Taylor's plea and obtained under the Freedom of Information Act available online at: Tony Taylor "Summary of Facts" plea document 7-30-2007. The specific language that Vick provided almost all the funds and participated in the "ongoing criminal enterprise" in the plea documents have fueled speculation by legal experts that federal racketeering charges under the RICO Act statutes may be forthcoming. Those found guilty under the RICO Act can be fined up to $25,000 and/or sentenced to 20 years in prison.

Other co-defendants also to plead guilty; Vick weighs options

By August 13, Vick's other two co-defendants, Peace and Phillips, had also agreed to also plead guilty under their own plea agreements, they were due in judge Hudson's court in consecutive hearings on August 17.

News media reported widely that Vick has been given until that date (August 17) to decide whether to seek a plea bargain; otherwise he will face a superseding indictment that will include at least two more federal charges. These presumably could include additional charges under the U.S. RICO Act, a powerful racketeering law which carries much more severe penalties than those under his current indictment. According to one of his public relations specialists, Vick was weighing all of his options with his legal team.

The Richmond Times-Dispatch reported on August 15 that a federal grand jury in Richmond is to begin hearing new allegations against Vick stemming from the dogfighting case beginning the week of August 20. At Vick's arraignment, they had announced their intention to file a superseding indictment against him. That means the former Virginia Tech star has until the end of the preceding week to reach a deal or face more serious charges, although Judge Hudson would not be bound by terms of a plea agreement with prosecutors.

ESPN legal analyst Lester Munson suggested that Peace and Phillips' guilty pleas put Vick in a "legal checkmate," as their testimony, added to the other five potential witnesses the prosecutors already had, would make it very difficult for Vick's legal team to prove reasonable doubt. He also suggested that the superseding indictment (if it is filed) could include charges under the Racketeer Influenced and Corrupt Organizations Act (RICO). This law carries much more severe penalties than those under the current indictment, and is also relatively easy to prove in court. Speculation surrounding RICO charges may have come from the specific "continuing criminal enterprise" language in the original indictment and in Taylor's plea agreement. A key element of proving racketeering is the existence of a "criminal enterprise," and gambling is an indictable offense under RICO. If Vick were to be charged under RICO, he would face penalties of up to 20 years in prison, as well as having to pay treble damages.

According to the Journal-Constitution, Vick's legal team is currently in talks with federal prosecutors regarding a possible plea agreement. They are reportedly seeking a deal that would drop the conspiracy charge (a felony) and allow Vick to plead guilty to one or both counts related to the dogfighting operation itself (both misdemeanors). According to ESPN, prosecutors have offered a plea that would require Vick to serve at least one year in prison; his attorneys are trying to get less than a year. The negotiations were prompted by the co-defendants' guilty pleas, which a spokesman for Vick's legal team said that they "didn't see ... coming."

ESPN has reported that another sticking point in the plea negotiations could be the wording of the allocution Vick would have to make. He would have to make a detailed statement as to the extent of his involvement in the operation, such as the specific methods he used to kill the dogs.

Peace and Phillips plead guilty; agreements

On August 17, Peace and Phillips appeared before Judge Hudson at the U.S. District Court in Richmond. They entered their guilty pleas, plea agreements, and related statement of facts documentation. They also agreed to testify if the government requests it from them. Phillips' bail was revoked due to failing a drug test.

Peace and Phillips were told that because of the "victimization and execution of pit bull dogs" described in court filings, "upward departure" from the sentencing guidelines is "necessary in this case." The aggravating factors will be taken into consideration at sentencing, which means they could face harsher punishments at their sentencing on November 30.

The documents filed with the court and obtained by the news media under the provisions of the U.S. Freedom of Information Act provided confirmation of portions of that contained in Taylor's earlier plea agreement and also gave more detail of co-defendant Vick's roles. Copies were made available by the Newport News Daily Press at:

• Summary of Facts from Quanis Phillips' plea agreement (PDF, 12 pages)

• Summary of Facts from Purnell Peace's plea agreement (PDF, 12 pages)

• Purnell Peace's plea agreement (PDF, 12 pages)

Vick intends to plead guilty

On August 20, 2007 it was announced that Vick will plead guilty to the federal felony dogfighting conspiracy charge. He will enter his plea on August 27. Vick's lawyer Billy Martin released this statement.

"After consulting with his family over the weekend, Michael Vick has asked that I announce today that he has reached an agreement with federal prosecutors regarding charges pending against him.

"Mr. Vick has agreed to enter a plea of guilty to those charges and to accept full responsibility for his actions and the mistakes he has made. Michael wishes to apologize again to everyone who has been hurt by this matter."

On August 24, 2007 it was announced that Vick had signed a plea agreement and issued a statement admitting his participation and funding of the dogfighting ring, but maintaining that he did not place any bets or take any prize money.

Local (State)

As of August 17, possible additional state charges were still under investigation. Part-time Commonwealth's Attorney Gerald G. Poindexter and Sheriff Harold D. Brown in the county had been criticized for slowness, particularly by the investigative news reports of WAVY-TV, the NBC affiliate in Hampton Roads. In response, they have indicated "doing it right" was more a priority than speed, and that they are continuing to cooperate with federal authorities.

According to an ESPN attorney, under Virginia law, Vick can be prosecuted if the authorities can show that he was "aware" of dogfighting activities on his property. According to that attorney, "If it is proved that the fighting took place, it will be difficult for Vick to persuade anyone that he didn't know about it." According to other news media reports, Surry County investigators have spoken to as many as 30 people. In June, Sheriff's Department Deputy W.R. Brinkman, the lead local investigator, said he had "more people to talk to." Sheriff Harold D. Brown stated in an interview published on June 28 ..."we need to find out, if he's one of the big players or not."

Following the federal indictments of July 17, local authorities in Surry said they could possibly prosecute different crimes than those charged in the federal indictment. Commonwealth's Attorney Gerald G. Poindexter and Sheriff Harold D. Brown said they are continuing to cooperate with federal authorities. Both Brown and Poindexter told news media that they were taken aback by the level of detail in the indictments, especially mention of dogs allegedly being executed by hanging, drowning and electrocution. "That's revealing to me. I didn't know anything about that," said Poindexter, according to the Richmond Times-Dispatch. Poindexter said he thought most people in the county didn’t know about the alleged fights. "It's an underground, well-guarded crime," he said. He also noted that he has also learned a great deal about dog fighting recently which he hadn't known before.

Although the federal investigation and charges placed drew most publicity in July and August, 2007, the local investigation and consideration of charges under violations of state laws were also continuing. Because Virginia is organized as a Commonwealth state, local jurisdictions are legally part of the state government. In this context, local and state have the same meaning, but are very separate legally from federal authorities and courts. Plea bargains with federal prosecutors would have no official standing in the local case. Double jeopardy concepts would not apply to state and federal overlapping cases. The county grand jury would be the group which would typically consider felony indictments presented by a local prosecutor under state laws.

On July 24, Surry County Sheriff Harold D. Brown, stated that he felt certain state indictments for additional charges in Virginia would be returned by a local grand jury during its September session. However, no individuals have been named as target(s) to date. Until August 17, there had also been no indication of how many charges might be presented to the grand jury in Surry County. Over fifty dogs were seized, in addition to carcasses recovered, and a number of the interstate fight events, all with attendant gambling activities, were allegedly hosted at Vick's Surry County estate.

On August 17, Surry County Commonwealth's Attorney Gerald Poindexter told WVEC-TV that the admissions contained in the federal plea agreements filed by Purnell Peace and Quanis Phillips were "a road map to indictments in Surry County." The plea agreements implicate all four men, Peace, Phillips, Taylor and Vick in both dog fighting and the killing of dogs. It had been noted in earlier media reports that one of the agreements states that eight dogs were killed jointly by Peace, Phillips and Vick in April 2007 (prior to the April 25 search).

Local prosecutor Poindexter told the WVEC news reporter that he's looking at two felony counts: dogfighting and killing of a companion animal. The maximum sentence in Virginia for each charge is five years. "We believed we had evidence and this is the first time someone's admitted to it. It's sad and outrageous. It's gruesome." he added. It was also not clear whether any state prison sentence(s) would be allowed run concurrently with any federal time, or would be served consecutively. ESPN reported on August 18 that Vick could face up to 40 years in prison under state law, and his legal team is reportedly trying to get any state charges dropped if he accepts the plea deal offered by federal prosecutors, even though they have no official standing in the local case.

Defenders of Vick

Numerous black athletes have generated additional controversy by making public comments supporting and defending Vick and trivializing the act of dogfighting. Stephon Marbury, a point guard for the New York Knicks, called dogfighting a sport and compared it to hunting. Roy Jones Jr., a prominent boxer, stated, "really two dogs fighting can happen in anyone's backyard or on the street. It happened in my backyard, two of my dogs fought and one died." Clinton Portis, a star running back on the Washington Redskins, stated, "I don't know if he was fighting dogs or not, but it's his property, it's his dog. If that's what he wants to do, do it. I think people should mind their business." Deion Sanders, a former star football and baseball player and current commentator for CBS Sports, stated, "Why are we indicting him? Was he the ringleader? Is he the big fish? Or is there someone else? The fights allegedly occurred at a property that he purchased for a family member. They apparently found carcasses on the property, but I must ask you again, is he the ringleader? This situation reminds me of a scene in the movie New Jack City when drug dealer Nino Brown is on the witness stand and eloquently says, 'This thing is bigger than me.' Are we using Vick to get to the ringleader? Are we using him to bring an end to dogfighting in the United States? The only thing I can gather from this situation is that we're using Vick."

Public comments about dogfighting, animal abuse

During the furor arising around the Bad Newz Kennels investigation and prosecutions, even such diverse notables as hip-hop mogul Russell Simmons and the Reverend Al Sharpton joined with People for the Ethical Treatment of Animals (PETA) and the Humane Society of the United States (HSUS) in calling for strong stands against animal cruelty, jointly stating:

"Today, we sound a clarion call to all people: Stand up for what is right, and speak out against what is wrong. Dogfighting is unacceptable. Hurting animals for human pleasure or gain is despicable. Cruelty is just plain wrong."

Endorsements and products

Companies employing Vick for endorsements and producing or selling Vick-related products apparently reacted to the negative publicity. Nike announced it "has suspended Michael Vick's contract without pay, and will not sell any more Michael Vick product at Nike owned retail at this time." although the company said it had not terminated the contract, as animal-rights activists had urged the company to do. However, Nike also announced it was suspending the release of the Zoom Vick V, a new line of shoes, Adidas announced its Reebok division would stop selling Vick football jerseys. The NFL said it had pulled all Vick-related items from NFLShop.com. Trading card companies including Donruss and Upper Deck soon followed with similar actions. St. Louis-based sporting goods manufacturer Rawlings, which used Vick's likeness to sell merchandise and modeled a football using his name, ended its relationship. The same day, the Atlanta Journal-Constitution reported that Dick's Sporting Goods and Sports Authority stores, part of a major chain, have also stopped selling Vick-related goods.

Some fans of the Atlanta Falcons have been donating their Vick-related jerseys and shirts to the Atlanta Humane Society for use as animal bedding and cleaning rags. Others have produced dog chew toys in Vick's effigy.

Timeline

2007

• April 20 - Vick's cousin and cook, Davon T. Boddie, 26, is arrested for narcotics in Hampton on charges of distribution of marijuana and possession with intent to distribute outside Royal Suite, a nightclub. He gave Vick’s property address at 1915 Moonlight Road. Smithfield, Virginia (located in Surry County) as his residence.

• April 25 - Police conducted a search of home and land at 1915 Moonlight Road in southeastern Surry County. In the area of the outbuildings that law enforcement officials discovered evidence of a possible dog fighting operation. Potential evidence included blood splatters on the second floor of one of the outbuildings, dog treadmills and scales, a pry bar used to open a dog's mouth and an apparatus used for breeding. With the help of animal control officials from several localities called to the scene, they removed 66 dogs, 55 of them pit bulls, and seized equipment and some physical evidence.

• April 27 - ESPN reports that, even though Vick denies this, neighbors have reported seeing Vick in town from time to time and clerks at a nearby store have reported Vick buying nutritional supplies for dogs. Authorities told the news media that, although some equipment could be used in legitimate dog-breeding, there also was a "pry bar" used to pry apart a dog's jaws in dog fighting, and bloodstained carpeting on the floor of a room inside the home above the garage.

• Appearing at a news conference to announce his participation in the NFL Quarterback Challenge, Vick described himself as an unwitting victim of family.

• Late April/early May - Vick listed the house and property with a real estate brokerage at approximately 50% of the assessed value. Within a few days, the house was under a sales contract. As of June 8, no sale had been made official, according to the county clerk's office where deeds and transfers of real estate are recorded.

• May 3 - The Humane Society of the United States called upon the NFL in a letter to take a serious look at the problem of players' involvement with dog fighting.

• May 24 - Poindexter said he still didn't have solid evidence linking Vick to dog fighting because there were no eyewitnesses who say they saw dog fighting at the home. He said he was proceeding very carefully with this case; Poindexter had another dog fighting case a few years back and lost it because of an illegal search.

• May 25 - Poindexter said he was confident charges will be brought in the case but can't yet say who will be charged.

• May 27 - ESPN reported that a confidential source, identified as a man who has been involved in dog fighting for over 30 years, claimed that Vick was one of the "heavyweights" in the dog fighting world, and was poised to tell ESPN's Outside the Lines about the time in 2000 when his dog squared off against a dog owned by Vick. The man claimed that Vick would bet large dollar amounts on fights, up to $40,000.

• May 31 - Poindexter told ESPN that he recently received a call from a person he deemed credible and that the informant gave him information regarding the ongoing investigation. "We have people who are volunteering to make those allegations," Poindexter said. Asked whether there was evidence that placed Vick at dog fights, Poindexter said, "Yes...If he did anything, he won't get away with it, if we can prove it. But it's not easy," Poindexter said. ..."we're moving carefully, slowly...to build a strong case."

• In the same news item, it was reported that ESPN's sources, said to be close to law enforcement, cautioned that, based on the current evidence, it might be difficult to successfully prosecute Vick. "There is probably enough there to bring a bill [of indictment]," one source said, "but how some of [the evidence] would play out at trial, or if it even reached a trial ... I just don't know. These kinds of prosecutions are tough. There are some holes, definitely, and that's why [investigators] are digging for more information. You want more than just smoke. You're always looking for the smoking gun."

• June 6 - Newport News Daily Press newspaper reported that Sheriff H.D. Brown had an investigator (deputy) interviewing additional witnesses who had come forward and determination of credibility was in progress. Brown, a 28 year veteran of law enforcement in Surry County, 16 years as sheriff, repeated prior statements that he felt pressure to rush, but "doing it right" was his priority.

• June 7 - Boddie states in interviews with television and newspaper reporters that he was the victim of a conspiracy by authorities, and that his fourth amendment rights were violated by the search of the Surry property after his arrest on April 20 in Hampton (and another several days earlier in Newport News) because of the smaller amount of drugs he admits having [than claimed by authorities]. Speaking to the Newport News Daily Press, Boddie also apologized for his role in the dog fighting investigation. Boddie wants NFL Commissioner Roger Goodell to know it was his fault, not his cousin's, for everything going on at the Surry County home. "I want him to know that everything going on is really my fault," Boddie told the paper. "They're just making Michael look like something he's not. I want to apologize to Atlanta Falcons fans for what's going on. It's a lot of drama."

• The same day, USA Today and WAVY-TV each reported the federal officials and Virginia State Police were executing a federal search warrant at the Surry County property, apparently seeking the buried bodies of dogs which may have been killed during dog fighting activities.

• June 8 - Poindexter said he was "absolutely floored" that federal officials got involved, and that he believes he and Sheriff Brown handled the investigation properly. "What is foreign to me is the federal government getting into a dogfighting case," Poindexter said. "I know it's been done, but what's driving this? Is it this boy's celebrity? Would they have done this if it wasn't Michael Vick?" He went on to say "There's a larger thing here, and it has nothing to do with any breach of protocol." "There's something awful going on here. I don't know if it's racial. I don't know what it is."

• Also on June 8, Boddie interview of June 7 published in Daily Press alleges he thinks conspiracy by authorities may date to when Vick's house was built in 2001. In the same article, local prosecutors from several jurisdictions disagreed with Boddie's contention that a smaller amount of marijuana he alleges he had during his April 20 arrest would have invalidated the search warrant executed on April 25. Boddie indicated that he had retained an attorney. However, no attorney appeared to be present as he admitted to reporters from the news media (television and print) his possession of narcotics, pledged his loyalty to cousin Vick, who he stated he has not recently spoken with directly, and denied any knowledge of the 66 dogs found at his home, with the exception of his French poodle.

• Contacted by the Daily Press, Hampton Senior Assistant Commonwealth's Attorney Anton Bell stated that dog fighting evidence turned up during the search following the narcotics arrest was obtained legitimately, a position Surry County prosecutor Poindexter had earlier taken.

• June 15 - ESPN reports that the case investigation involving Vick’s property in Virginia is one of many investigations currently underway around the United States by the agents of the U.S. Department of Agriculture (USDA) using a new federal law enacted by the U.S. Congress earlier in 2007 making organizing a dog fight a felony. The agency is pursuing similar cases elsewhere with considerable support from humane societies and local police departments. So far, that new law has been used less than a dozen times; according to the ESPN attorney, as the courts apply it, more precise definitions of "sponsoring" and "promoting" will develop. ."

• July 2 - Federal authorities file documents in U.S. District Court in Richmond outlining an alleged interstate dog fighting operation at the property owned by Vick, the Associated Press reported after filing an inquiry under the U.S. Freedom of Information Act. Vick is not named in the documents, which listed the address of his property at 1915 Moonlight Road in Surry County as the ""main staging area for housing and training the pit bulls involved in the dog fighting venture," according to the filings, which also claims "For the events, participants and dogs traveled from South Carolina, North Carolina, Maryland, New York, Texas and other states." It is also alleged that "members of 'Bad Newz Kennels' also sponsored and exhibited fights in other parts of Virginia, North Carolina, South Carolina, Maryland, New Jersey and other states," the filings said. Unlawful gambling was also described, AP reported. The winning dog would win from "100's up to 1,000's of dollars," and participants and spectators also would place bets on the fight. The federal papers also state "If an admission fee was charged for a particular event, the proceeds were generally used to supplement the funding of the 'Bad Newz Kennels' kennel operation."

• July 6 - Federal authorities, assisted by the Virginia State Police, conduct an additional search of the Surry County location. According to the Richmond Times-Dispatch, WAVY-TV (Portsmouth) was observing from a news helicopter, and reported that fifteen vehicles were on the property, including a rental truck and a Virginia State Police evidence collections truck. In a video broadcast, investigators could be seen working under a blue tarp on a wooded portion of the property near the black-painted outbuildings. They were sifting dirt collected in white buckets and clearing brush. Investigators removed more than 10 carcasses buried in shallow graves, a source close to the investigation said. "They found what they were looking for," he said.

• The same day, according to information gathered by the NFL and Atlanta Falcons, sources told ESPN's Chris Mortensen that Vick is unlikely to be indicted on federal charges as a result of the dog fighting investigation. The authorities have told the Falcons and league that there has not been any evidence that tied to Vick the alleged dog fighting ring, the sources said. The law enforcement authorities have privately told league and team officials that at least three people are expected to be indicted but the identities of those individuals were unknown.

• July 17 - Purnell A. Peace, Quanis L. Phillips, Tony Taylor, and Michael Vick were indicted by a federal grand jury for "conspiracy to travel in interstate commerce in aid of unlawful activities and to sponsor a dog in animal fighting venture". The federal grand jury alleged Peace, Phillips, Taylor and Vick spent six years "knowingly sponsoring and exhibiting in an animal fighting venture." The grand jury also charged the men with establishing a kennel to represent dogfighting competitions, purchase and train pitbulls in dogfighting competitions and "destroying or otherwise disposing of dogs not selected to stay with the ongoing animal fighting venture." The four codefendents each faces $350,000 in fines and six years in prison if convicted of the federal charges.

• The same day, the Humane Society of the United States called upon the NFL to suspend Vick under its disciplinary code.

• July 18 - The U.S. District Court in Richmond announced that Purnell A. Peace, 35, of Virginia Beach; Quanis L. Phillips, 28, of Atlanta; and Tony Taylor, 34, of Hampton; and Michael Vick, 27, of Atlanta; have been ordered to appear in court on July 26 for a detention hearing and arraignment.

• July 19 - U.S. Senator and Senate president pro tempore Robert Byrd, 89, of West Virginia, a well-known dog lover, gave a passionate speech in the U.S. Senate about the practice of dog fighting in response to the Vick indictment.

Dog fighting is a brutal, sadistic event motivated by barbarism of the worst sort and cruelty of the worst, worst, worst sadistic kind. One is left wondering, who are real the animals...the creatures inside the ring, or the creatures outside the ring?

• The same day, Nike announced it has suspended plans to release a fifth Vick signature shoe. However, it has not terminated its contract with the quarterback.

• July 20 - PETA staged protests outside the NFL headquarters in New York City calling for the firing of Michael Vick by the Atlanta Falcons and the NFL. More than 75 protesters attended, holding signs saying "NFL: Sack Vick" and chanting .

• The same day, Senator John Kerry of Massachusetts said he had sent a letter to Goodell calling for Vick to be suspended. He wrote:

"I urge you to treat this issue with the utmost seriousness as the case progresses. In light of the seriousness of the charges, I believe that Mr. Vick should be suspended from the League, effective immediately."

• July 23 - About fifty people, organized by PETA, protest at the Atlanta Falcons training camp. The team had no comment on these protests, or others held recently at the NFL headquarters in New York City.

• Also on the same day, ESPN reported that Vick has retained the services of former federal prosecutor Billy Martin, an attorney with the Washington, D.C.-based legal firm Sutherland Asbill & Brennan LLP for his defense against the federal criminal charges. Martin joined the firm in February 2007. His notable past clients have included NBA stars Allen Iverson and Jayson Williams whom was acquitted of his most serious crime of shooting someone while drunk, Monica Lewinsky's mother, and Chandra Levy's parents. He also represented former Atlanta mayor Bill Campbell on racketeering, bribery and wire fraud charges; Campbell was convicted of three counts of tax fraud, but acquitted on racketeering charges and taking thousands of dollars in bribes.

• Also on July 23, it was reported that NFL commissioner Roger Goodell had sent Vick a letter ordering him not to report to the first Atlanta Falcons training camp. Goodell said in a letter to the quarterback:

"While it is for the criminal justice system to determine your guilt or innocence, it is my responsibility as commissioner of the National Football League to determine whether your conduct, even if not criminal, nonetheless violated league policies, including the Personal Conduct Policy."

• July 24 - The Surry County grand jury met, but did not consider indictments as the local investigation continued. Sheriff Harold D. Brown stated he expects indictments to be returned during the September session for state charges relating to the dog fighting and animal cruelty investigation, but declined to be more specific regarding any names of person(s) likely to be indicted on those felony counts.

• July 26 - Detention and arraignment hearings were held at U.S. District Court in Richmond for Peace, Phillips, Taylor and Vick. All four pleaded "not guilty" and a trial date was set for November 26. Defendants were released without bond, but with pre-trial conditions and direct court supervision.

• On the same day, federal prosecutors announced that they will file a superseding indictment, which could mean new charges and possibly new defendants in the case.

• July 27 - Nike, Inc. announced it "has suspended Michael Vick's contract without pay, and will not sell any more Michael Vick product at Nike owned retail at this time." The company said it had not terminated the contract, as animal-rights activists had urged.

• On the same day, Adidas announced its Reebok division (the official uniform provider for the league) would stop selling Vick football jerseys and the NFL said it had pulled all Vick-related items from NFLShop.com.

• July 30 - Defendant Tony Taylor pleaded guilty to conspiracy to travel in interstate commerce in aid of unlawful activities and conspiring to sponsor a dog in an animal fighting venture in U.S. District Court.

• July 31 - St. Louis-based sporting goods manufacturer Rawlings, which used Vick's likeness to sell merchandise and modeled a football using his name, ended its relationship. The same day, the Atlanta Journal-Constitution reported that Dick's Sporting Goods and Sports Authority have also stopped selling Vick-related goods.
  • On the same day, WDBJ-TV News in Roanoke, Virginia reported that both prosecution and defense experts on criminal trial procedure have agreed that specific language included in Taylor's plea documents suggests that the federal prosecutors plan to bring racketeering charges under the RICO statutes.

• August 6 - Grand Jury in Hampton, Virginia indicted Davon T. Boddie on the felony charges from his April 20 narcotics arrest.

• August 14 - The Atlanta Journal Constitution, citing a "person with knowledge of the negotiations" reported that Vick's attorneys were seeking a plea deal with federal negotiators.

• August 17 - Peace and Phillips plead guilty and entered plea agreements in U.S. District Court in Richmond. Phillips' bail was revoked due to failing a drug test. Peace's summary of facts reads in part: "All three participated in executing the dogs. Peace agrees and stipulates that these dogs all died as a result of the collective efforts of Peace, Phillips and Vick." The Newport News Daily Press reported that because of the "victimization and execution of pit bull dogs" described in court filings, "upward departure" from the sentencing guidelines is "necessary in this case." Judge Hudson told the men that the aggravating factors will be taken into consideration at sentencing, which means they could face harsher punishments at their sentencing, Peace and Phillips were told.

• Also on August 17, Surry County Commonwealth's Attorney Gerald Poindexter told WVEC-TV that the admissions contained in the federal plea agreements filed by Purnell Peace and Quanis Phillips were "a road map to indictments in Surry County." Poindexter's looking at two felony counts: dogfighting and killing of a companion animal. The maximum sentence in Virginia for each charge is five years. "We believed we had evidence and this is the first time someone's admitted to it. It's sad and outrageous. It's gruesome." he added. ESPN reported that Vick could face up to 40 years in prison under state law.

• August 20 - Vick's lawyer Billy Martin announced that Vick will plead guilty to the federal felony dogfighting conspiracy charge. He will enter his plea before Judge Hudson on August 27 in Richmond.

• August 24 - Vick signed a plea agreement admitting that he participated in and funded an inter-state dogfighting ring. His official statement maintains that he did not place any bets or take any prize money.

• That same day, the NFL suspended Vick indefinitely without pay. In a letter from NFL commissioner Roger Goodell adressed to Vick, Goodell wrote that Vick's admitted conduct was "not only illegal but also cruel and reprehensible." Goodell also freed the Atlanta Falcons to "assert any claims or remedies" to recover $22 million of Vick's signing bonus from the 10-year, $130 million contract he signed in 2004.

See also

• National Football League player conduct controversy
• Dog fighting in the United States

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