Chief to cover SDSU

BROOKINGS — The South Dakota State University Police Department has its third chief in a month after the city of Brookings announced that Brookings Police Department Chief Michael Drake will oversee both departments for the indefinite future.

According to a release from the city, they "...entered into an agreement with SDSU to provide coverage of some University Police Department duties.

"The agreement took effect Friday and is expected to continue until SDSU hires a new university police chief.  Until then, Brookings Chief of Police Michael Drake will provide leadership for the University Police Department."

Former chief Timothy Heaton was relieved of his duties on Dec. 5 after he was charged with five felony counts of animal cruelty after allegedly leaving five dogs to live in a home without heat or access to the outside.

According to the probable cause affidavit in the case against Heaton, Brookings Police Department officers found five German shepherds living in squalor in an abandoned home on Third Street in Brookings owned by Heaton.

The home lacked heat in winter temperatures and was covered in dog feces, in some places up to a foot deep, and the animals were in need of veterinary care, according to the court documents.

A later veterinary evaluation revealed multiple indicators of neglect and abuse, including gingivitis, broken and fractured teeth, feces matted in the hair, malnourished conditions, sores on the feet, abscess in one’s ear and other concerning medical issues.

The dogs were taken to the Brookings Regional Human Society for treatment and preparation for adoption.

Based on those findings, Heaton was arrested on five felony charges of animal cruelty on Friday, Dec. 5. Each of the five counts is a class 6 felony in South Dakota a carries a maximum penalty of two years imprisonment in a state penitentiary and/or a fine of up to $4,000.

Heaton made his first appearance in court last week, where he pleaded not guilty and his attorney requested a preliminary hearing in the matter, which is scheduled for Feb. 9.

Later on Dec. 5, SDSU named Michael Kilber the interim chief of police in a two-paragraph release:

"South Dakota State University has appointed Michael Kilber to serve as interim chief of the University Police Department, effective immediately. Kilber, who has served as SDSU’s deputy chief since 2007, brings more than two decades of law enforcement experience to the role.

"Kilber has extensive experience in campus safety, emergency response planning and played a central role in advancing UPD’s accreditation standards. Kilber came to SDSU in 1998 as a patrol officer and was later a patrol sergeant and a lieutenant prior to becoming deputy chief."

SDSU declined to respond to questions including whether Kilber was still employed by the department or whether this latest move was in any way related to the Heaton case, saying the university does not comment on personnel matters.

According to the city's release, SDSU will reimburse the city for any associated costs.

Drake is able to perform both jobs at once through an addendum to the law enforcement agreement between the City of Brookings and SDSU — the agreement that allows the University Police Department in the first place.

The Beacon was able to obtain a copy of the addendum through a Freedom of Information Act request.

According to the addendum, Drake may serve in both jobs for a period of up to one year, with the contract able to be renewed by agreement of both parties for a second year. The addendum can be discontinued by either party with 10 days written notice.

SDSU will pay the city $8,000 per month for Chief Drake’s duties, as well as $1,000 per month for administration costs for a total of $9,000 per month. They will also reimburse the city for the actual cost of any legal fees incurred by the city at the hourly rate provided in that contract, as wells as $100 per hour for any labor or services performed by city staff other than City Manager Paul Briseno, City Attorney Vincent Jones or Chief Drake.

The addendum also stipulates that Drake will continue to report to the Brookings city manager in the course of all of his duties, but will routinely updated an unnamed SDSU vice president and the university’s general counsel on his law enforcement duties at SDSU.

The agreement is signed by Briseno and SDSU President Barry Dunn. It was executed last Friday, Jan. 9.

Linehan is the Beacon’s managing editor and welcomes tips and comments at BrookingsBeacon@@gmail.com