The power of a jury of peers was evident in Jones County Superior Court this week with three defendants scheduled for trials entering guilty pleas while jurors were waiting to take their place in the courtroom.
The third of those defendants was Dan Thomas Cleveland Jr., who entered a guilty plea Sept. 25 as his trial was ready to begin.
Cleveland pled guilty to the charge of dogfighting, possession of marijuana with the intent to distribute and possession of a firearm by a convicted felon. He was sentenced by Superior Court Judge Terry Massey to a total of 10 years confinement, followed by 10 years of probation.
The sentence was pronounced at the conclusion of a sentencing hearing that took place after Cleveland entered his plea.
Massey spoke to the defendant after announcing the sentence.
“I know you have a 17-year-old son and I take no pleasure in taking you away. This sentence is for you, but also for him. It sends a message that these activities will not be tolerated,” the judge said. “It’s important for him to understand there are consequences. If you are involved, you will go to prison.”
Massey acknowledged that 10 years in prison is a long time.
“I hope you have learned your lesson and when you get out have no more problems,” he said.
The judge also informed Cleveland he was banned from owning any pets during the duration of his sentence.
Court begins
While members of the jury waited in another room, District Attorney Wright Barksdale told the court the morning of Sept. 25 that the jury panel was picked Monday, Sept. 23. He said, when he arrived at the courthouse that morning, ready for the trial to begin, he was contacted by the defense that Cleveland wished to plea.
Barksdale said the case started with a drug investigation. Jones County Sheriff’s Office Investigator Barron Hall executed a search warrant at Cleveland’s home May 19, 2023, and several large vacuum packages of marijuana were found in his safe.
He said law enforcement also found indicators of dog fighting and numerous dogs in the back yard.
The prosecutor said five firearms were retrieved from the home.
He said the state’s recommended sentence was 20 years to serve in prison. Barksdale said the defendant wanted to enter a plea but did not agree with the recommended sentence. Both parties agreed to a sentencing hearing with the judge determining the sentence.
Cleveland was represented by defense attorney Nyonnohweah Seekie. Her sentence recommendation was 20 years on probation.
Massey addressed Cleveland, stating that he was in court for a trial and had now decided to enter a guilty plea. Cleveland agreed that was correct.
The judge asked the defendant if he was guilty as charged, and he simply said “yes.”
Massey accepted the guilty plea, and the sentencing hearing began.
Hearing
Assistant District Attorney Cara Fiore spoke for the state. She presented evidence of Cleveland’s 1998 conviction for aggravated assault and reckless conduct. She also submitted evidence that was found at the scene when the search warrant was executed, including a phone.
Seekie told the court that Cleveland had no arrests or convictions since 1998. She said her client had suffered trauma, the death of his wife, and was raising his teenage son. The attorney added that the defendant was the caregiver for his mother, who has cancer. She argued that the dog at the scene was scarred due to an attack, and Cleveland was breeding dogs, not fighting them.
Seekie said, because the felony was so long ago, her client did not know he could not have firearms.
Her request for a probated sentence was so the defendant could care for his son and mother.
Fiore countered that the case was simple.
“This is a convicted felon, now a convicted drug dealer and dogfighter. Law enforcement found packages of marijuana in a safe with a ledger of his inventory,” she said.
The prosecutor said Cleveland is a convicted gang member who had assault weapons, bags of saline and veterinary medicines used to treat dogs after fights and to increase growth.
“They found treadmills, bite sticks, weighted vests and eight adult dogs,” she said.
Fiore said the dogs had significant scarring, and one was even branded.
“These dogs were not kept as pets. They were kept as sport,” she said. “Dog fighting is done for entertainment and the profit of the owner.”
She went on to say Cleveland was not someone who possessed firearms because he did not know his rights were not restored.
“This was in intentional business run by the defendant,” she said.
The prosecutor explained that, due to plea negotiations, all the other charges against Cleveland had been dismissed. He was indicted for seven counts of dogfighting and five counts of possession of a firearm by a convicted felon in addition to the marijuana possession and sales charge.
After listening to the attorneys, Massey adjourned the court for 10 minutes to consider the sentence. When he returned, he asked the state if there was evidence that Cleveland was hosting dogfights.
Barksdale said the evidence they had was of training the dogs to fight, trophies from previous dogfights and videos from the defendant’s phone showing dogs fighting to their deaths.
After pronouncing sentence, the judge had the jury come into the courtroom and explained what had transpired while they were waiting that morning.
Jury impact
Massey went over the guilty plea and resulting sentence with the jurors. He said he had good news that their checks were ready as were excuses for jury duty if needed.
“Thank you for your service. Without your presence, we would not be able to resolve these cases. The defendant opted to plead guilty and not take a chance with a jury,” the judge said. “It is a great service you have done.”
Barksdale agreed. “The system does not work if you don’t show up. I know it’s a pain, but it’s very important.”
