Man faces trial on charge of selling pit bull puppy for dogfighting
An Ypsilanti Township man will stand trial on charges that he sold a pit bull puppy to an undercover officer for her to use in dogfights.
Gayland Tomlin is charged with two counts of offering to buy or sell an animal for fighting and two counts of possessing any device or equipment intended for use in the fighting of an animal. Tomlin is facing a maximum of four years in prison and/or a $50,000 fine.
During testimony in a preliminary exam on Thursday, Cruelty Investigator Elise Ramsey, of the Humane Society of Huron Valley, said she began Facebook messaging with Tomlin under a different name on Jan. 24. A couple of weeks later, on Feb. 7, Ramsey went to Tomlin’s home in the 1300 block of Nash Avenue and purchased a pit bull puppy.
Ramsey said she and an undercover deputy from the Washtenaw County Sheriff’s Office went to the home and Tomlin showed her the dog and its sibling. The dog seemed shy when Ramsey first observed it and she asked Tomlin if he was sure it would fight. To demonstrate its toughness, Tomlin took the two puppies out to the driveway of the home and had them fight, Ramsey said.
The dog cowered behind Ramsey twice, but she said Tomlin assured her the dog would be a fighter.
“He said, ‘He just needs some confidence, he hasn’t had a good life up until now,’” she said.
The dog’s sibling, named Japan, bit the puppy a few times before the fight was stopped, Ramsey said. Tomlin told Ramsey during previous conversations the dog’s mother was a top-notch fighter, calling her “dead game.”
Ramsey said dead game is a term meant to describe a dog that will fight to the death no matter what injuries it sustains.
Investigators served a search warrant at the home on Feb. 8 and seized Japan, the mother and an American bulldog that had been chained up behind the house. Ramsey testified a treadmill and a “break stick,” a stick used to pry a dog’s jaws off of another dog at the end of a fight, were found at the house.
The puppy’s mother and the American bulldog were both so aggressive when authorities seized them that they were euthanized, Ramsey said. The two pit bull puppies have since been given new homes through adoption.
Washtenaw County Assistant Public Defender Lorne Brown argued during the exam Ramsey had been the one implying that the dog would be used for fighting, not Tomlin. Brown said Tomlin was like a salesman telling a potential customer what she wanted to hear. He said Tomlin was looking to sell the puppy and Ramsey had supplied the intent to use it for fighting.
Brown said there was enough evidence on many of the counts to send the case toward trial. The only evidence Washtenaw County Assistant Prosecutor Amy Reiser gave to show the mother pit bull and bulldog were used for fighting were Tomlin’s statements on Facebook, and that wasn’t enough, Brown said.
“They have to show some evidence to show the court what was going on other than his words,” he said.
District Judge J. Cedric Simpson agreed with Brown that the evidence did not show the bulldog had been used for fighting and dismissed one count of possessing an animal used for fighting.
Simpson weighed the fact that the treadmill could have been meant for the home’s residents and the stick — found with what appeared to be dried blood on it and chewed up ends — may have just been a toy for the dogs. However, he sent the charges of possessing those items on to trial court because he believed there was probable cause they had been used to commit a crime. But, a different outcome may arise at trial.
“That’s a factual issue that should be raised before … a jury or judge at circuit court,” he said.
Tomlin will be in front of Washtenaw County Trial Court Judge Melinda Morris at 1:30 p.m. June 18. He is not currently lodged at the Washtenaw County Jail and has pleaded not guilty to all charges.
Kyle Feldscher covers cops and courts for AnnArbor.com. He can be reached at kylefeldscher@annarbor.com or you can follow him on Twitter.
Comments
jscd91
Fri, May 11, 2012 : 3:22 p.m.
Kudos to the HSHV for their important role in the arrest of this man. This just proves why adequately funding the cruelty department is vital to the well being of both animals and humans in our communities. Keep up the great work!
Mary Degon
Fri, May 11, 2012 : 2 p.m.
May Is NATIONAL DOG FIGHTING AWARENESS MONTH! Look at this picture- This is the Face of horrific Suffering caused by Dog Fighting! It does not matter WHO brought up the dog fighting 'idea' - No Rational, Responsible, Loving Dog Owner would willingly permit someone to potentially Adopt/purchase a Dog for the Purpose of Dog Fighting! This man was no "salesman" he was knowingly allowing a dog to be purchased for dog fighting. As a responsible owner & rescue I would NEVER indulge in a conversation about one of my dogs to be used in dog fighting! At the Mere Mention at such a notion- I would call the Officials IMMEDIATELY and have that person escorted off my property & into Custody for this FEDERAL OFFENSE! Please, I beg you to punish Dog Fighting Offenders to the fullest extent of the FEDERAL Law. These animals Suffer Horrific pain, live scared, scared and die in horrible conditions! Please be a stepping stone in stopping this Inhumane & horribly cruel act. We need a National Animal Abusers Website so that these people can be listed, like sex offenders, so that Rescue, Shelters and Private Citizens can check the website BEFORE an animals is innocently handed to one of these human MONSTERS! Please urge your Senator, Representative & other Officials to push for a National Animal Abuse Listing.
mermaid72
Fri, May 11, 2012 : 3:23 p.m.
I am with you 200%. There are some crimes & behaviors that are beyond comprehension of decent people. Animal abuse, and the abuse of children & the elderly.... anything that cannot defend itself must be dealt with swiftly and with full backing of the courts. Being "politically correct" and giving a suspected abuser the benefit of the doubt has absolutely no defense in a situation like this. The law is much too protective of those who break it.
actionjackson
Fri, May 11, 2012 : 1:45 p.m.
Terry Gross did an NPR investigation in Baltimore about this topic. I found it to be a tragic way of life for many in poverty ridden areas. As disgusting as the interview was, their was a psychological twist to this practice. Never in a million years could I grasp this type of behavior.
mermaid72
Fri, May 11, 2012 : 11:52 a.m.
Chris------ No one should be shamed? Oh, I see, using an animal for vicious cruelty toward other animals is nothing but shameful? Give him the benefit of due & just process of justice? There are some crimes that are beyond the realm of justice & decency. Dogfighting is one of them. The man needs to be put away, now so he never again hurts an innocent animal.
jrtluvr1959
Fri, May 11, 2012 : 5:27 p.m.
Chris I shamed Judge Simpson because he damn well knows what a break stick is. My dog has never had any blood on any of her toys. That's why I shamed him.
Chris
Fri, May 11, 2012 : 1:07 p.m.
I am not supporting the actions of Mr. Tomlin, I sincerely hope he is found guilty and is properly charged. Shaming the judge and the public defender because they are following the law is in appropriate. Yes I support due process and justice. However, our justice system here in Michigan places greater punishment on drug offenders, murderers and the like. I think the laws are relatively weak in our state for people who use dogs for dog fights. I suggest you write to your elected representatives and plead with them to pass more stringent legislation. I would support it. I think the crimes people commit against animals and children deserve a special kind of punishment but this would be considered illegal and unjust. A better solution would be to educate people to respect animals and nature, instill a greater sense of community and appreciation for life, improve the safety of our neighborhoods so children do not learn fighting dogs is an acceptable behavior in our society or culture.
Dog Guy
Thu, May 10, 2012 : 11:08 p.m.
Note to self: If I ever sell a dog I must: Tell the the buyer that it is a sissy; Never sell at the end of the lunar month; Insist that Gieng Me Mam Tom is my handyman; and Say that the dog is allergic to wearing clothing or costumes.
ypsicat
Fri, May 11, 2012 : 2:11 a.m.
For once I agree with Dog Guy. Animals should never be forced to wear clothes.
Peter
Thu, May 10, 2012 : 11:25 p.m.
How about just not breeding and selling any more dogs? There's plenty at the shelters for everybody right now.
Kitty O'Brien
Thu, May 10, 2012 : 10:29 p.m.
Happy to see the puppies were found good homes. HSHV is a wonderful place.
jns131
Fri, May 11, 2012 : 2:25 p.m.
I agree. I hope the shy one comes out of her shell. If not? She will always be a cuddler. Glad to hear they are safe and sound. Sorry about the mom though. Happy Mothers Day everyone!
Lovaduck
Thu, May 10, 2012 : 10:25 p.m.
It's sad that our moral outrage here about ALLEGATIONS in so many cases, gets translated into an "hang 'em high" mentality BEFORE guilt or innocence has been established in a court of law. If this person IS guilty they should surely be punished, but let's not try and convict people on Ann Arbor.com until we find out all the facts---no matter HOW angry some allegations make us. The same thing goes for assigning bail. It depends on whether or not the person is a flight risk. It isn't saying they are guiltless or giving them a "slap on the wrist".
bobslowson
Thu, May 10, 2012 : 8:29 p.m.
Disgusting...there is absolutely no excuse for animal cruelty of ANY kind. Especially breeding dogs who'se sole purpose in life is to fight. I hope that pathetic loser does jail time over this (if found guilty).
a2cents
Thu, May 10, 2012 : 9:49 p.m.
For sure... leave fighting (& inherent cruelty) to humans
Chris
Thu, May 10, 2012 : 8:20 p.m.
A public defender is appointed to represent the defendant because it make the judicial system fair and balanced. This was simply a preliminary exam which is routine. It's very likely there may be more evidence to find the defendant guilty of the crime with which he charged. It all depends on the evidence submitted at trial. No one should be shamed for anything. This is how are judicial process works and it was established like this for a reason. It would be far worse if no one received the benefit of a public defender regardless of how horrible the crime or act. You should really go to court sometime and watch how the judicial process works. Spend a day with a prosecutor or public defender. Our judicial system in this country is actually very good and works quite well. There are always exceptions, but the system does work as intended.
Robert Granville
Fri, May 11, 2012 : 1:17 p.m.
I have to disagree wholeheartedly... our justice system is incredibly flawed particularly when it comes to treatment of those without white skin. That being said, your point still stands. Without public defenders, it would get a whole lot worse.
mermaid72
Fri, May 11, 2012 : 11:51 a.m.
Oh please!
jrtluvr1959
Fri, May 11, 2012 : 1:07 a.m.
A bloody break stick and it may be a toy??? OK that's just plain stupid