Dogfighting defendant floods court with filings

WEST CHESTER >> Although he has become “prolific” in filing motions seeking the dismissal of criminal charges against him, according to the judge in his case, a man accused of operating a dog-fighting ring in Chester County stands no closer to walking out of his prison cell a free man.

According to Common pleas Judge David Bortner, defendant Dowayne Molina has filed at least 10 pre-trial motions since firing his attorneys earlier this year. Among other things, they ask for suppression of evidence seized in a raid on his Coatesville home in 2018, and for the convening of a new preliminary hearing in his case.

“I feel like my due process rights are being violated,” he told the judge, who had previously denied Molina’s request to recuse himself from the case, at a hearing on Friday.

Six of the “pro-se” motions were filed last month, and another four during a brief proceeding involving when to schedule hearings on the motions prior to trial. Molina is representing himself for the time being, although he said he remains optimistic that he will be able to hire another attorney to handle the case soon.

“I have never had a pro-se defendant who been as prolific in pre-trial filings,” Bortner remarked during the hearing, at which he schedule the first round of hearings on them for May 24. “You file a lot of them.”

Molina, who was charged by state police in February 2018, said the reason for the multiple motions was the nature of the charges against him. “My case is so complex,” he said, seated at the defense table, handcuffed and shackled. “It has been a long, rough three years. I have wasted a lot of time I can’t get back.”

At the request of Assistant District Attorney Emily Provencher, who is prosecuting the case, Bortner instructed Molina to choose the first three motions he wants heard so that Provencher could prepare for them and bring in witnesses, including the state troopers who arrested him.

Molina agreed, saying that he did not “want to feel rushed” in preparing his defense. “My resources are limited,” telling Bortner that he gets only a few hours a week in the Chester County Prison law library. He is being held there in lieu of bail.

Six pit bulls and four rabbits were seized by the state police during an investigation into whether Molina was operating a dog fighting operation at a Coatesville home. Also seized was a .40-caliber Glock semi-automatic pistol, several dog treadmills, IV kits for the pit bulls and various other dog medical sup

plies used to treat fighting injuries, and dog fighting paraphernalia.

Molina was charged with two counts of possession with intent to deliver, three counts of related dog fighting/training and animal cruelty, one count of a felon not to possess a firearm and one count of drug paraphernalia.

Molina, who had previously been charged with and convicted of dog fighting offenses, was stopped by troopers from the Avondale barracks in November 2017 for traffic violations at East Doe Run Road south of Lenape-Unionville Road in East Marlborough.

Discovered during the stop was a pit bull that had severe injuries consistent with dog fighting, police said. Molina told police the dog was a stray, and the Brandywine Valley SPCA took possession of the dog. After a months-long investigation, police executed a search warrant on Molina’s home and the evidence there supported an ongoing conspiracy related to dog fighting, police said.

“It is beyond comprehension that animals could be forced to suffer like this for entertainment,” Adam Lamb, chief executive officer of the Brandywine Valley SPCA, said at the time. “We’re grateful for the diligence of the state police in pursuing this case, and we’ll support them in every way possible to find justice for these animals and prevent future suffering.”

All 10 animals reportedly have remained in the care of the SPCA as evidence as the case goes through the judicial process.