Former South Dakota State University Police Chief Tim Heaton pleaded guilty Friday in Brookings County Circuit Court to one count of cruelty to animals as part of a deal struck with prosecutors.

Heaton pleaded to the single count and in exchange, prosecutors dropped four other counts of animal cruelty.

Cruelty to animals is a Class 6 felony in South Dakota and carries a punishment of up to two years in prison and a fine of up to $4,000 for each count. He will be sentenced on May 19 at 11 a.m.

Heaton and his attorney, Anthony Teesdale, had no comment while leaving court.

The conversation in the courtroom Friday centered around the state’s responsibility to prove Heaton did “intentionally, willfully or maliciously inflict gross physical abuse on an animal that caused prolonged pain, serious physical injury, or resulted in the death of an animal,” according to the complaint.

Each count is attached to one of the five dogs found inside a Brookings house owned by Heaton. Daniel Haggar, the attorney representing the state, said that the dog in Count 1 had an abscess on one of its ears and that the understanding he had after talking with the veterinarian is that the abscess along with issues with its mouth would have caused “prolonged pain.”

In supporting the prosecution’s accusations that Heaton was guilty, Haggar said there was evidence that Heaton was exhibiting “certain hiding behavior.” He also said there was a text message exchange between Heaton and his son, Kyer, asking Kyer to remember to tell law enforcement Kyer is “there every day.”

The investigation began when the Brookings Police Department received complaints of neglected animals at a residence owned by Heaton at 1008 Third St. in Brookings.

During an investigation late last year, officers reported finding piles of feces up to 1 foot deep in some areas of the house, according to the documents. They also found cobwebs, frozen water pails and structural damage to the house from a previous fire. The residence had no heat, and the thermostat reading was 10 degrees.

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

Heaton served on the University Police Department from 1995 until he resigned his position effective Jan. 1.