June 7, 2007 The Federal Investigation

A witness told federal investigators that dog carcasses were buried on the property. A federal investigator then asked local authorities to execute a search warrant, but they did not. After waiting for a week, officials with the U.S. Department of Agriculture executed their own search warrant and found the remains of 6-8 dogs in two mass graves. A month later, on July 6, Federal investigators executed a fourth search warrant.

July 17, 2007 The Federal Case – Indictment

Vick, now 27, and his three associates were indicted by a federal grand jury in the Eastern District of Virginia and charged with violating federal law 18 U.S.C. § 371 Conspiracy to Travel in Interstate Commerce in Aid of Unlawful Activities and to Sponsor a Dog in an Animal Fighting Venture. The “interstate commerce” requirement gives the federal court jurisdiction over an activity otherwise regulated by the state. Interstate commerce in the Vick case included transporting fighting dogs across state lines and hosting dogfight participants from other states at Bad Newz Kennels. The charge is a felony with a maximum penalty of 5 years prison. A charge under the Animal Welfare Act (AWA) for animal fighting activities in violation of 7 USC § 2156 would have carried only a maximum penalty of one year per violation.

August 27, 2007 The Federal Case – Guilty Pleas

After his three co-conspirators pled guilty and began cooperating with authorities, Vick also pled guilty, admitting to funding the dogfighting operation and the associated gambling operation. He admitted to knowing about four dogs that his co-conspirators killed in 2002, and he admitted to agreeing to the hanging and drowning of 6-8 dogs who underperformed in 2007. Vick admitted he provided most of the operation and gambling monies, but he claimed he did not gamble by placing side bets or receiving proceeds from the purses.

Under the sentencing guidelines for this crime, most first time offenders would have received no jail time. However, Chuck Rosenberg, the U.S. attorney who prosecuted the case, described the behavior of Vick, Peace and Phillips as “heinous, cruel and inhumane”, so he required that they accept a provision in the plea agreement that they “understated the severity of their conduct and that a sentence substantially above what would otherwise be called for by the guidelines would be appropriate.” Rosenberg recommended 12-18 months in prison rather than 0-6 months. Co-conspirator Tony Taylor was not included in this recommendation since he was the first to plead guilty and assist in the investigation. A sentencing hearing was scheduled for December 10, 2007.

The NFL suspended Vick indefinitely without pay. After he is freed from prison, he could be reinstated.

September 24, 2007 The State Case – Indictment

Five months after the initial investigation, a Surry County grand jury brought two charges against Vick:

one count of violating VA Code Ann. § 3.1-796.124, which makes it a Class 6 felony to promote dogfighting for amusement, sport, or financial gain or to possess, own, train, transport, or sell any dog intended for animal fighting

one count of violating VA Code Ann. § 3.1-796.122(H), which makes it a Class 6 felony to engage in the torture, ill-treatment, beating, maiming, mutilation, or killing of animals.

Peace, Phillips and Taylor were charged with promoting dogfighting . Taylor was also charged with three counts of unlawful torture and killing of dogs, and Peace was charged with one count. Each is a felony charge with a maximum 5 year prison term. The grand jury declined to bring eight possible additional counts of animal cruelty against the s.

The following is an excerpt from a news article describing the charges:

[Surry County Commonwealth Attorney Gerald] Poindexter said he pursued the case because “crimes that were not prosecuted were committed in Surry County.” But he would not say whether his prosecutors put Vick’s federal court admission that he killed dogs before the grand jury.

“Come on, lady, how much do you need to know?” he told a reporter who was pressing the issue.

October 1, 2007 The Federal Case – Dogs Evaluated

A team of animal behavior experts selected by the American Society for the Prevention of Cruelty to Animals analyzed the 49 seized dogs and then recommended whether they were suitable either to be adopted by families, trained as police dogs, placed in a sanctuary, or should be euthanized. Only one dog was recommended for euthanasia because of extreme aggression. The others were deemed suitable to go to sanctuaries or foster homes for socialization training.

October 12, 2007 The Federal Case – Vick Lied about Killing Dogs

Even after pleading guilty to the federal charges, Vick had not admitted to hands-on participation in the killing of poorly performing dogs. Investigators got conflicting statements from Vick’s co-conspirators. An FBI agent questioned Vick for five hours and gave him a polygraph test that indicated he was lying. Vick finally admitted to killing two dogs. According to Assistant U.S. Attorney Michael Gill, Vick told the polygrapher, “I carried a dog over to Quanis Phillips, who tied a rope around its neck. I dropped the dog.”

October 15, 2007 The Federal Case – Court Appoints Guardian for Dogs

The U.S. District Court appointed Rebecca J. Huss, Professor of Law at Valparaiso University School of Law, as the guardian/special master to advise the Court regarding the final disposition of the remaining 48 seized dogs. Per her recommendation, the dogs were eventually dispersed to eight rescue organizations for adoption, rehabilitation or lifetime care in sanctuaries, where they have been neutered.

Writer Jim Gorant described the assessment of the dogs:

“What the [ASPCA animal behavior] team found was a mixed bag. Fewer than a dozen of the dogs were hardened fighters. Two had to be put down–one was excessively violent and the other was suffering from an irreparable injury. Then there was a group characterized as “pancake dogs”–animals so traumatized they flattened themselves on the ground and trembled when humans approached. Another group seemed to be dogs of relatively friendly normal temperament who simply had never been socialized.”

November 19, 2007 The Federal Case – Vick Reports Early to Prison

In a single day, Vick bought a $99,000 Mercedes; he cashed checks that totaled $24,900; he gave $44,000 to friends and relations; he paid a public relations firm $23,000; and then he reported to prison. In less than 3 months since the day he pled guilty to federal charges, Vick spent over $3 million.

December 10, 2007 The Federal Case – Sentencing

At the sentencing hearing, due to Vick’s deliberate false statements to federal investigators about his role in killing dogs, the prosecutor recommended Vick be sentenced at the upper end of the 12-18 month guideline range. Vick had also lied to investigators about testing positive for marijuana in September, a violation of the terms of his release on bail.

A probation officer, who did not believe Vick had accepted responsibility, recommended an enhanced sentencing range of between 18 months and two years in prison.

U.S. District Judge Henry E. Hudson said Vick also played a major role by “promoting, funding and facilitating this cruel and inhumane sporting activity”.

The judge added at least 5 months to the prosecutor’s recommended prison term, sentencing Michael Vick to 23 months in prison. Vick also received three years’ supervised probation during which he cannot buy, sell or own dogs. He was fined $5,000. Vick was also ordered to pay $928,073 as restitution for the 53 dogs seized from his property. He was required to enter a drug/alcohol treatment program and pay for the cost of treatment. Vick is scheduled to be released from federal prison July 20, 2009.

Peace, Phillips and Taylor all pled guilty to the same charge earlier in the year. Peace was sentenced to 18 months prison and Phillips to 21 months prison.

A few days later, Tony Taylor was sentenced. Since Taylor had been the first co-conspirator to plead guilty and had provided investigators with details of the dogfighting operation, the prosecutor had recommended that Taylor only serve probation. However, the judge said it wouldn’t be fair to give Taylor probation after sentencing his co-defendants to 18 months or more in prison. He told Taylor, “You were as much an abuser of animals as any other defendant in this case.” The judge sentenced Taylor to 2 months in prison.

The defendants cannot appeal the judge’s sentences.

January 25, 2008 The Federal Case – Sentencing an Accessory

Oscar Allen, who had sold a pit bull to Vick and had attended some of the fights, was sentenced to 3 years probation and a $500 fine. In October 2007 he had pled guilty to conspiracy to travel in interstate commerce and to aiding in illegal gambling and to sponsoring a dog in animal fighting. He had cooperated with the federal investigation.