Former UPD chief pleads not guilty

BROOKINGS — The former chief of police at SDSU made his first court appearance on Monday after he was charged with five counts of cruelty to animals and lost his job at the college.

Tim Heaton’s attorney entered a plea of not guilty and asked for a preliminary hearing in the matter and the request was granted by Judge Bob Pesall. Heaton faces five counts of felony cruelty to animals after five German Shepherds were found to be living in an apparently abandoned home he owns on Third Street in Brookings.

Heaton, 59, owns a residence at 1008 Third Street in Brookings where, according to court documents, dogs were found living in neglected conditions that included feces piled up to a foot deep — as well as no heat or running water.

According to the probable cause affidavit in the case, neighbors routinely complained about both the home and the dogs, which led to a Brookings Police Department investigation and, eventually, probable cause for a search warrant that BPD executed on Dec. 3.

According to the documents, when officers searched the home: “A strong odor of feces was detected from outside, and multiple dogs were heard inside upon arrival.” Five German Shepherds were removed from the residence and transported for veterinary evaluation.

According to the documents, a full search of the home revealed extreme unsanitary conditions, including large amounts of fresh and old dog feces, urine-soaked floors, heavy dust, dog hair, clutter and thick cobwebs. The residence had no heat and it was 10 degrees indoors. There were frozen water pails, unusable kitchen and bathroom areas and structural damage from a prior fire. The basement and second floor contained extensive piles of dog feces, in some areas estimated to be up to a foot deep. Conditions inside the residence were unsafe for human or animal habitation, the documents state.

The documents go on to state that Timothy Heaton acknowledged ownership of the residence and responsibility for the dogs’ living conditions.

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 and abscess in one’s ear.

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.

SDSU replaced Heaton as police chief the day the charges were made public.

Heaton’s preliminary hearing is set for 1:30 p.m. on Feb. 9.

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