Judge: evidence stays in dogfighting case

Attorneys for two local men argued forcefully in court Monday that prosecutors should not be allowed to use a notebook, seized from a southern Laurel County home in June and which contains the names of dogs and kennels, at a trial over the issue, scheduled for later this year.

During a hearing in Laurel Circuit, attorneys for Joe Lewis III and Dalton Brewer claimed that deputies with the Laurel County Sheriff’s office illegally obtained the notebook when they entered Lewis’ home on Adams road in Corbin this past June to investigate complaints of dog fighting at the residence. The men asked that Laurel Circuit Judge John Knox Mills throw out any evidence garnered from the search because it was obtained without a search warrant.

After testimony from Sheriff’s deputies and Joe Lewis, Jr., who was visiting from out of town at the time of the incident, two disparate versions of the incident surfaced, and new details of the case came to light.
On one hand, Laurel County Sheriff’s Deputy Richard Sapcut, the primary investigator in the case, recounted how he responded to a call from a neighbor about dog fighting at the residence. He said he was the first officer on the scene and looked around the home for some time before locating a large pit bull tied to a tree in a wooded area behind the residence. He said the dog had “several bite marks on it” and was damp “as if it had been cleaned off or something.” Authorities also noticed a pool of blood nearby.
When Sapcut knocked on the door to the home, he said Joe Lewis Jr. answered and gave him permission to enter.

“He said it’s not my residence, but you can come on in,” Sapcut testified.

Deputies entered and noticed the smell of marijuana. Sapcut said Joe Lewis III came from another room and sat on a sofa near a loaded handgun that was lying on an end table.

“It seemed odd to me someone would sit next to a firearm with police officers in the residence,” Sapcut said. “Officer safety is always of utmost importance. Of all the places he could have chose to sit in that living room, he chose to sit next to a loaded handgun.”

That’s when police undertook at “protective sweep” of the home, searching for weapons or other people who may be a threat. The law allows police to conduct such a “sweep” for their own safety if they have reason to believe they are in immediate danger. It was during the sweep that the notebook was found near a sink cabinet in the back bathroom.

Authorities found numerous firearms in the home, all legally obtained and registered.
Sheriff’s Deputy Rob Mitchell corroborated Sapcut’s version of events in later testimony, saying the officers were given permission to enter by Lewis and that the gun was in plain view.

But defense attorneys say things happened much differently, painting police as bullies who used bogus concerns about safety to search the home without a warrant.

Joe Lewis Sr. testified that he was staying overnight in the home when police arrived. He said he answered the door when Sapcut knocked and told them he did not own the house and refused officers entry.
“He said you turn around and start marching until I say stop,” Lewis said. He added that Sapcut had his hand on his service revolver in a threatening manner.

“I didn’t want to get knocked on the head or shot or whatever, so I did what he told me.”
Lewis said the home is actually owned by Betty Dalton, his deceased wife’s mother, and that she and her grandson, Joe Lewis III live there.

Lewis said he and his family had been watching television shows before the police arrived and denied any accusations of fighting dogs.

Lewis said he, Brewer and his son were all handcuffed by officers while they searched the home. He said police jerked loose a bathroom fixture. He said the gun that police say was out in the open was actually wrapped in a towel and covered by a pillow.

Gary Crabtree, who represented Lewis at the hearing, asked Mills to exclude the book as evidence because officers did not get proper permission to come into the home before entering, and were disingenuous about threats to their safety in order to conduct the sweep. Williamsburg attorney Paul Croley represented Brewer at hearing.

Assistant Commonwealth’s Attorney Harold Dyche said the officer’s testimony was genuine and that they acted properly.

The notebook is perhaps the most crucial piece of evidence in the case because authorities say it contains names of kennels and dogs associated with dog fighting. Sapcut also claimed Monday that it contained a sort of tournament bracket in it that appeared to detail matches between dogs fighting one another.
Mills sided with prosecutors, but called the warrantless search borderline.

“This is a closer case than many I have seen,” he said.

Joe Lewis Jr., Joe Lewis III and Brewer were all initially charged with animal cruelty in the wake of the incident.