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Tag: force

Tasered dog walker awarded $50,000

hesterberg

Remember that California man who was shot with a stun gun by a National Park Service ranger who stopped him for walking his dogs off leash?

Gary Hesterberg may not have been entirely in the right when he sassed the park ranger and refused to give her his name, but the ranger was definitely in the wrong when she zapped him with her stun gun when he tried to leave the scene, a federal judge has ruled.

Judge Jacqueline Scott Corley ruled that Ranger Sarah Cavallaro used unlawful and unreasonable force, and she awarded Hesterberg $50,000 in damages for physical and mental suffering, the San Francisco Chronicle reports.

The incident unfolded on the afternoon of Jan. 29, 2012, when Hesterberg, 50, of Montara took his two dogs on a hike in the Rancho Corral de Tierra open space. Both dogs — a beagle named Jack and a rat terrier named JoJo — had been there many times before, and often walked unleashed.

While the Rancho had always had rules that dogs be kept on-leash, they’d never been too heavily enforced.

But when the land was acquired by the Golden Gate National Recreation Area, the park service made plans to change that, and ranger Cavallaro had been assigned to start spreading the word that day that stricter enforcement was coming.

When Cavallaro stopped Hesterberg to talk to him about the new rules, the conversation grew heated. Hesterberg said in court that he gave the ranger a fake last name because he didn’t “want to be placed on some offending dog walker … list.”

Hesterberg questioned Cavallaro’s authority and told the ranger he was leaving. She pointed her stun gun at him and told him to stay put.

When Hesterburg turned to leave. Cavallaro fired, hitting him in the back and buttocks. He was arrested on suspicion of failing to obey a lawful order, keeping dogs off-leash and providing false information, but San Mateo County prosecutors declined to file charges.

In her ruling, the judge found that Hesterberg, though uncooperative, never posed an immediate threat to Cavallaro, and that the circumstances didn’t justify the ranger’s use of force.

(Photo: San Francisco Chronicle)

Animal control officer who struck river rescue dog won’t be prosecuted

An animal control officer who struck a dog with his baton, leading to a cracked skull and the loss of an eye, did not use excessive force, authorities in Oregon have concluded.

The officer, Hoyt Stepp, was defending himself against two dogs when he struck Dojie, a river rescue dog who was running loose when the Washington County animal control officer encountered her.

After an investigation by Hillsboro police, the district attorney’s office said there was not enough evidence to pursue animal cruelty charges against the officer.

Protesters gathered outside a news conference yesterday, where the decision not to prosecute the officer was explained, KOIN reported.

“I am convinced that the responding officer followed a reasonable course of action,” said Deborah Wood of Washington County Animal Control.

Animal Services Field Supervisor Randall Covey said the officer followed his training: “…He created a barrier between himself and the dogs, backing up, yelling at the dogs to go home. That did not deter the dogs. Officer Stepp got to the point the dogs were right on him in full, aggressive attack, and at that point Officer Stepp struck Dojie one time to avoid being bitten.”

dojieafter“We are sincerely sorry for the injuries to Dojie but we ask a fair amount of responsibility to lie with Mr. Starr because he did not have his fence locked and his dogs licensed,” Covey said.

Marlin Starr, Dojie’s owner, reported the incident to police after witnesses told him the officer struck his dog, who had escaped from his yard.

While authorities say the dog was struck once, Starr questions how one blow could cause a cracked skull, injured shoulder and complications that led to the loss of one of Dojie’s eyes.

“I am outraged for Dojie and I am outraged for every animal in Washington County. No animal is safe from Animal Control at this point,” Starr said.

Dojie is an experienced river rescue dog trained to help people who fall out of rafts, according to KATU.

She will no longer be able to do that job, Starr said.

Starr said witnesses told him his dog ran into his backyard, followed by an animal control officer, who pulled out a collapsible baton known as a bite stick, and hit Dojie.

The police investigation concluded that the case “did not contain the necessary elements of the crime of animal abuse.”

Flight of the bumble bee

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Smooth as it may look — especially when one’s zooming toward your head — the flight of the bumble bee is actually an awkward affair.

In fact, it’s surprising they even get off the ground.

According to a report in the journal “Experiments in Fluids” (in case you didn’t get your copy this month), an Oxford University study observed bumble bees in free flight within a smoke-filled wind tunnel, and found them to be “surprisingly inefficient.”

“Aerodynamically-speaking it’s as if the insect is ‘split in half’ as not only do its left and right wings flap independently but the airflow around them never joins up to help it slip through the air more easily,” the study leader said in a statement.

Most flying insects and birds rely on aerodynamic forces, but, with the bumble bee, it’s a matter of brute force — augmented, researchers say, by their diet of energy-rich nectar.