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Tag: department

Idaho officer violated policy when he shot dog through van window, review says

arfee2Two investigations have concluded that an Idaho police officer used unnecessary force when he shot a dog who lunged at him as he snuck up to a van’s partially open window.

Coeur d’Alene Police Chief Lee White said an internal review found that the shooting of Arfee by officer Dave Kelly — the bullet went through the window glass —was unjustified.

A separate Use of Deadly Force Review Board unanimously concluded that Kelley’s actions “were in violation of the department policies reviewed.”

Officer Kelly remains on duty, though, and city officials aren’t saying what disciplinary action, if any, he might face, according to the  Associated Press

“An argument can be made that Officer Kelley’s decision to shoot was reasonable when the dog lunged through the partially open window mere inches away from his face and throat,” White said. “However, given the totality of the circumstances, the use-of-force reviews found Officer Kelley’s use of force to be out of policy in this incident.”

The department initially reported that an officer shot and killed a “vicious pit bull” that lunged at him from inside a van on July 9 — but later corrected the breed. Arfee was a lab mix. Kelly was not identified by name by the department until last week.

The dog’s owner, Craig Jones, had left Arfee parked in the shade with the windows partly open while he went to a coffee shop.

City Attorney Mike Gridley declined to comment on whether any disciplinary action would be taken against Kelley, who has 17 years of law enforcement experience, the last seven with the Coeur d’Alene Police Department.

Officer Kelley, in an incident report filed immediately after the incident, said the van was being checked due previous reports in the area of a person in a similar van trying to entice children. He said he drew his weapon as he approached the driver’s side door of the van.

“I was at the driver’s side door/window, when suddenly I saw a black dog’s head and neck lunge through the open window,” Kelley wrote. “The dog was aggressively barking and growling, and its mouth was within inches of my face. I had the split second thought that this dog is going to bite me, and bite me immediately.”

The use-of-force investigation said that, even if Arfee’s head was outside the window, Kelley’s response — firing a bullet, that went through the window glass — was not reasonable.

“Officer Kelley, a seasoned officer of over 15 years of experience, was in an open parking lot with an open business, in the middle of the day, with citizens around and (another) officer … on the other side of the van. This was a case where Officer Kelley did not have anything behind him to prevent him from gaining distance,”  police Lt. Robert Turner wrote in the report.

Police Chief White said the shooting has shaken the community’s confidence in the police department, but added, “… The relationship between our community and our department will ultimately be strengthened as a direct result of how we respond to the situation and how we improve our agency to prevent similar situations from occurring.”

Rat terrier finds missing dog in drainpipe

One dog came to the aid of another last week, leading rescuers to a drainage pipe where a 15-year-old miniature schnauzer named Casper had been stuck for up to three days.

The hero? A rat terrier named Rowdy, who belongs to a neighbor.

“He caught the scent and he just started barking, barking, barking,” said Rowdy’s owner, Patty Monk, whose dog led her to the 8-inch wide storm drain pipe in which Casper was stuck.

Seeing Casper inside, Monk, who is friends with Casper’s owners, ran a block to their home and notified them. They sought help from the Sacramento Metro Fire Department.

Firefighters, not wanting to injure the dog, wrapped a teddy bear around the end of a fire hose to push him out the end of the pipe.

Casper’s owners, who had searched for days and put up posters after Casper went missing, took him to a nearby animal hospital to have him checked out.

“We have one of these storm drains right in front of our house. He may have fallen in that one and crawled all the way here, we don’t know,” said Wayne Hernandez.

“We’ve been kind of taking him for granted, he’s been around for so long,” Hernandez told News 10 in Sacramento. “But we’re going to have to try and pamper him a little more. He deserves it after this.”

Probe finds lax enforcement of puppy mills

Lax government enforcement of puppy mills has led to countless dogs dying and living in horrific conditions, according to an internal government report.

Investigators say the Department of Agriculture often ignores repeat violations, waives penalties and doesn’t adequately document inhumane treatment of dogs, the Associated Press reported.

In one case cited by the department’s inspector general, 27 dogs died at an Oklahoma breeding facility–  after inspectors had visited the facility repeatedly and cited it for violations.

The review, conducted between 2006 and 2008, found that more than half of those breeders who had already been cited for violations flouted the law again.

Agriculture Secretary Tom Vilsack said Tuesday that USDA will take immediate action. “USDA will reinforce its efforts under its animal welfare responsibilities, including tougher penalties for repeat offenders and greater consistent action to strongly enforce the law,” he said.

Federal investigators uncovered grisly conditions at puppy mills around the country where dogs were infested with ticks, living with gaping wounds and in pools of feces, according to the report.

The report recommends that the animal care unit at the USDA’s Animal and Plant Health Inspection Service immediately confiscate animals that are dying or seriously suffering, and better train its inspectors to document, report and penalize wrongdoing.

The investigators visited 68 dog breeders and dog brokers in eight states that had been cited for at least one violation in the previous three years. They found that first-time violators and even repeat offenders were rarely penalized.

“The agency believed that compliance achieved through education and cooperation would result in long-term dealer compliance and, accordingly, it chose to take little or no enforcement action against most violators,” the report said.

In the case of the Oklahoma breeding facility, the breeder had been cited for 29 violations, including nine repeated violations, from February 2006 to January 2007. The inspector returned in November 2007 before any enforcement action had taken place, according to the report, and found five dead dogs and “other starving dogs that had resorted to cannibalism.”

Despite these conditions, the inspectors did not immediately confiscate the surviving dogs and, the report says, 22 additional dogs died before the breeder’s license was revoked.

Wayne Pacelle, president of the Humane Society of the United States, said the report confirms what animal rights groups have been pointing out for for years.

“Enforcement is flaccid, the laws are weak and reform needs to happen,” he said. “We have long criticized having the animal welfare enforcement functions within a bureaucracy dedicated to promoting American agriculture. There’s a built-in conflict of interest.”

Johnson gets 90 days for death of Karley

johnsonA former Los Angeles County assistant fire chief was sentenced to 90 days of weekend jail time and 400 hours of community service for beating his neighbor’s dog so severely with a rock that she had to be euthanized.

Animal activists packed a courtroom in Riverside to hear the, which also requires Glynn Johnson, 55,  to take anger management courses and pay the veterinary bills, according to the Riverside Press-Enterprise.

Johnson , accused of using a 12-pound rock to repeatedly strike a 6-month-old German-shepherd mix named Karley, was convicted in January of animal cruelty.

Johnson claimed he was freeing himself after the puppy clamped its mouth on his hand as he walked her home to his neighbor. Witnesses disputed that and said Johnson attacked the dog without reason.

Johnson apologized to the owners, but said he would appeal the sentence.

karleyKarley’s owners, Jeff and Shelley Toole, said in court that Johnson should get the maximum sentence of more than four years in prison.

“If (Karley) did this to you, her punishment would be death,” Jeff Toole said. “And if I were a judge that would be the punishment for you too, but I’m not a judge. You’re a danger society and you need to be locked up before you hurt someone else.”

Judge J. Thompson Hanks said he considered Johnson’s lack of criminal record and service as a firefighter in the lighter sentence. The judge specified that Johnson’s community service include working with dogs.

“You don’t see this kind of outpouring from the community in many cases, including the death of children,” Hanks said. “As a judge, I have to balance. I have to consider the conduct of the individual who did it and the appropriate punishment.”

Canine melanoma vaccine gets approval

The U.S. Department of Agriculture (USDA) has granted Merial Limited full licensure for a therapeutic DNA vaccine designed to aid in extending survival of dogs with oral melanoma, the company reports in a press release.

Merial, a licensee of Vical Incorporated, plans to launch the product, called Oncept, at the North American Veterinary Conference in Orlando Jan. 16 – 20.

Melanoma is a common type of cancer in dogs and is the most common malignant tumor of the dog’s mouth. It can also occur in the nail and footpad.

The vaccine contains a gene encoding human tyrosinase, an enzyme associated with skin pigmentation. The tyrosinase produced from the human DNA is similar to canine tyrosinase and has been shown to stimulate an immune response against canine melanoma cells producing tyrosinase. The use of DNA from a noncanine species causes production of tyrosinase that is considered foreign by the canine immune system, stimulating an immune response, acording to the vaccine’s makers. It is similar enough to canine tyrosinase that the dog’s immune response will target canine melanoma cells.

Normal treatment for canine oral melanoma includes surgery and radiation, but even after successful local treatment, the melanoma frequently spreads throughout the body, including the lymph nodes, liver, lungs and kidneys, and is often resistant to chemotherapy.

“The approval of Oncept is a milestone in the cancer vaccine field and a significant advancement for our DNA delivery technology platform,” said Vijay B. Samant, Vical’s President and Chief Executive Officer.

Pennsylvania pulls license of big puppy dealer

The Pennslyvania Department of Agriculture has revoked the kennel license of CC Pets, a Lancaster County puppy broker with a history of violations under its previous name.

Once known as Puppy Love, the kennel, owned by Joyce and Raymond Stoltzfus, has been the subject of investigations and lawsuits for at least 20 years, according to the Philadelphia Inquirer.

CC Pets sold more than 2,000 puppies last year, making it one of the state’s highest-volume dog dealers.

In 2000, the kennel was fined $35,000 by the state for selling sick puppies and misinforming buyers about the health or breeding qualities of the animals. In 2001, kennel owner Joyce Stoltzfus was cited for practicing veterinary medicine without a license. In 2005, the kennel was the subject of a consumer fraud settlement stemming from a lawsuit filed on behalf of 171 customers in seven states.

One of the agreement’s conditions was that Stoltzfus, had to identify herself and the business correctly to customers rather than use an alias. Her failure to comply with that condition led to the license revocation, officials said.

Osbournes help Muncie police buy a new K-9

ozzybabyThe Muncie Police Department is getting a new K-9, courtesy of Ozzy Osbourne and son.

The “Prince of Darkness,” who was often shown interacting with his family’s dogs on their MTV reality show, was recently convinced by his son Jack to buy the Indiana police department a new K9 officer, according to the StarPress in central Indiana.

“Jack and Ozzy are sending the check either this week or next week and then we’ll go get him,” said police Sgt. Jay Turner. The department plans to name the new dog Ozzy.

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