South Dakota State University’s chief of police has been arrested on multiple counts of animal cruelty, according to the Brookings Police Department.

Timothy Heaton, 59, was arrested Friday on five felony counts of cruelty to animals. The arrest stems from an investigation that led to the seizure of five German shepherds from a residence in the 1000 block of Third Street in Brookings.

In South Dakota, animal cruelty is a Class 6 felony. It can result in up to two years in prison and up to a $4,000 fine for each count, according to Brookings County State’s Attorney Dan Nelson.

In a statement emailed to faculty, staff and students, SDSU officials said they were aware of the arrest and are cooperating with authorities.

“We recognize that this is a serious matter, and we understand the concern it may cause among our students, faculty, staff, alumni, and community partners,” SDSU said in the statement. ”Because this is an active legal and personnel matter, we will not comment further.”

SDSU also named Michael Kilber as interim chief of the University Police Department. Kilber has been the department’s deputy chief since 2007 and has been with the department since 1998.

A text message from Collegian Media to Heaton’s phone asking for comment was not immediately returned.

On Wednesday (Dec. 3), the Brookings Police Department executed a search warrant at the house on Third Street. Five German shepherds were removed from the house and were moved into veterinary care.

Officers reported finding piles of feces up to possibly a foot deep in some areas in the house, according to court documents. They also found cobwebs, frozen water pails and structural damage to the house from a previous fire and that the residence had no heat. The thermostat reading was 10 degrees.

The arresting officer said the conditions inside the house were “unsafe for human or animal habitation.”

Heaton confirmed he was the owner of the residence and the dogs, according to Nelson.

A veterinary evaluation showed multiple indicators of neglect and abuse, including gingivitis, broken and fractured teeth, feces matted in their hair, malnourished conditions, sores on their feet, an abscess in one ear and other concerning medical issues, according to the probable cause statement from the arresting officer.

The investigation began when witnesses reported that the house appeared abandoned and that loud barking and strong fecal odors were coming from inside the home, despite the dogs never being seen outside. 

According to documents, officers made multiple visits to the residence and noted the same details as the witnesses.

On Nov. 23, a community service officer and a patrol officer observed several German shepherds with fecal matter on their paws, according to documents from the state’s attorney.

Officers made contact with Heaton’s son, Kyer, who said the dogs urinate and defecate inside, do not go outside and have no active heat source. At that time, Kyer Heaton also told police his dad did not want law enforcement in the house.

Heaton told Collegian Media after his appearance at a Students’ Association meeting on Monday that he has been here since 1995. A check on Open SD’s state employee salary lookup shows his salary is $117,826.

This is a developing story; stick with Collegian Media for updates as they become available.

Correction: The crime classification of animal cruelty was incorrectly stated in this story, which was published Dec. 5, 2025. Animal cruelty is a Class 6 felony in South Dakota.