May 22, 2026:
The former South Dakota State University police chief is sentenced to 60 days in the Brookings County Detention Center on animal cruelty charges.
In December of 2025, 59-year old Timothy Heaton was arrested after Brookings Police said they found five dogs living under inhumane conditions at a house in a state of extreme disrepair owned by Heaton. At the time, Heaton was charged with five counts of cruelty to animals.
On May 19, 2026, Heaton pleaded guilty to one count and was sentenced by Circuit Court Judge David Wheeler to two years in the state penitentiary — however Wheeler suspended execution of that and instead sentenced Heaton to 60 days in the Brookings County Detention Center. The other four charges were dismissed as part of a plea deal.
Minnehaha County State’s Attorney Daniel Haggar prosecuted the case because Brookings County State’s Attorney Dan Nelson had worked together with Heaton in the past, when Heaton was SDSU police chief.
Heaton was replaced as police chief at SDSU back in December when the charges were made public.
Story courtesy of news partners Brookings Radio and The Brookings Beacon.
Jan. 15, 2026:
Effective Jan. 9, 2026, Brookings City Police Chief Michael Drake also became interim chief of South Dakota State University’s campus police.
Former SDSU police chief Timothy Heaton was arrested last month and charged with five counts of Cruelty to Animals.
Brookings City Manager Paul Briseno said the university requested the city’s assistance and Drake has no plans to make major policy changes within the university police department.
Briseno said Drake has a strong leadership team within the Brookings Police Department to assist with his city duties while he serves as interim university police chief.
Drake has been police chief in Brookings since Aug. 2022.
Story courtesy of news partner Brookings Radio.
Dec. 6, 2025:
SDSU’s Chief of University Police — is facing five charges of Cruelty to Animals.
In a Dec. 5, 2025, news release, Brookings County State’s Attorney Dan Nelson said Brookings Police received complaints about unseen barking dogs and a strong fecal odor at a home owned by Heaton at 1008 3rd Street.
Nelson said officers investigated multiple times and found abandoned vehicles and a hole in the roof. He said on Nov. 23, a community service officer observed several German Shepherds with fecal matter on their paws and then spoke with Heaton’s son Kyer. Police said Kyer told them the house had no heat source, the dogs urinated and defecated indoors, and that Kyer’s father did not want law enforcement entering the residence.
Based on this encounter, Brookings Police obtained and executed a search warrant on Dec. 3. The State’s Attorney said police found the home in an unsanitary condition with up to a foot of feces in some areas. Police reported thick cobwebs, heavy dust, and urine and feces covering the floor. Law enforcement said they found the residence had no heat, an unusable kitchen and bathroom, and structural damage from a prior fire.
Police said they removed five German Shepherds for a veterinary evaluation that found multiple signs of neglect and abuse, including gingivitis, broken teeth, malnourishment, sores and an ear abscess.
The State’s Attorney reports that Timothy Heaton said the animals were intermittently fed by his son but that Timothy himself acknowledged ownership of the residence and responsibility for the dogs.
On Dec. 5, Heaton appeared before Magistrate Judge Bob Pesall who released Heaton on a personal recognizance bond under the conditions that he remain law abiding, make all court appearances, waive extradition and keep no animals in his possession.
A Dec. 5 news release from SDSU Marketing and Communications said the university is cooperating with the investigation and will be naming an interim University Police Department Chief. The statement also said that, given this is both an active legal and a personnel matter, the university will not be commenting further at this time.
The State’s Attorney’s office said Heaton was arrested on five counts of Cruelty to Animals — a Class 6 felony, punishable by up to two years imprisonment and/or a four thousand dollar fine.
Story courtesy of news partner Brookings Radio.
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