Lawyers for a Baltimore police officer who slit the throat of a sharpei on a city street in June tried to put a new spin on his actions in court last week, entering a not guilty plea and suggesting Officer Jeffrey Bolger was heroically trying to save the unborn child of the pregnant woman the dog had bitten.
Fortunately, the judge didn’t immediately buy it, and declined a request from defense lawyers to dismiss the animal cruelty charges filed against Bolger.
The pregnant woman, meanwhile, is calling bullshit.
“Don’t try and make yourself a hero when you made a grave mistake,” she said in a a radio interview last week, after Bolger’s initial court appearance. “Try and say I’m sorry.”
In court on Thursday, lawyers for the 22-year veteran of the police force said Bolger was “legally authorized” to kill the dog, named Nala, and that he was acting to protect the unborn child of a woman the dog had bitten.
He entered a not guilty plea to two counts of animal mutilation, one count of animal cruelty and one count of misconduct in office. Both Bolger, 49, and a second officer, who held Nala while Bolger slit her throat, have been suspended.
His attorney’s reasoning went like this: Had the dog escaped from police, the woman would have had to undergo a series of rabies shots, putting her baby at risk. Due to that, and the dangers the attorney said the dog posed to citizens nearby, Bolger made the decision to “euthanize” Nala in the safest manner possible.
“Bolger considered using his firearm, but he determined that there was too much danger of a ricochet bullet injuring bystanders,” his lawyers said. “Instead, he used his knife in a fashion intended to cause the dog the least amount of pain and place the public in the least amount of danger.”
What’s underplayed in attorney’s brief is that, when that decision was made, the dog had already been subdued with a catch pole.
The attorneys said Bolger and other officers struggled with the dog for more than an hour, the Baltimore Sun reported.
And they said Bolger didn’t say “I’m going to gut this (expletive) thing,” as some witnesses reported. Instead, they submit, he said he was going to have to “cut” the dog because of the lack of other available options.
Among those who found the attorney’s statements ludicrous was Sandy Fleischer, the pregnant woman who was trying to help the dog and keep police from harming her. She spoke out after the incident — and she did so again after Bolger’s hearing.
“To say that you were helping me and trying to save my life? I was there to help the dog,” Sandy Fleischer said. “I can’t believe they are using me for the defense.”
In an interview Thursday on WBAL Radio’s C4 Show, Fleischer said she was upset that the fact she was pregnant — something she confided only to the paramedic treating her — had made its way to police and into the courtroom.
Fleischer was nipped by the dog as she tried to get a look at her collar, so she could get in touch with the dog’s owner.
When she first recounted the incident on the radio show, months ago, Fleischer said the officers who first arrived on the scene used sticks to try and corral the dog, which only served to intensify the situation. She said officers calling the dog a pit bull.
She said police had her ushered to the ambulance “because they didn’t want me seeing the dog being killed.”
A second officer, Thomas Schmidt, 53, is accused of holding the dog down while Bolger cut her throat and is scheduled to appear in court later this month.
The judge, while declining to immediately grant the request for a dismissal requested by Bolger’s attorneys, didn’t rule out further arguments and consideration of the motion.
Bolger’s trial date is scheduled for Nov. 7.
(Photo: Ian Duncan / Baltimore Sun)
Posted by John Woestendiek September 16th, 2014 under Muttsblog.
Tags: animal cruelty, baltimore, bite, bitten, court, cut, dog, dogs, hearing, hero, jeffrey bolger, killed, knife, law enforcement, nala, not guilty, officer, plea, police, pregnant, rabies, sharpei, slit, thomas schmidt, throat, trial, woman
We’re not sure who gave Ryan Eddy Watenpaugh the minor shiner he sports in this mug shot.
But, assuming Watenpaugh really did what he is accused of doing, he deserves much worse, and — once he goes to trial, and if he gets convicted, of course — we hope he gets it.
The Shasta County, California, man is in custody for killing his girlfriend’s dog, then cooking the dog and feeding his girlfriend part of the remains — telling her it was a pork dish initially, then texting her that what she’d really eaten was her dog.
Police in Redding say Watenpaugh’s live-in girlfriend left him after a fight in August, leaving her Pomeranian, Bear, behind.
When she returned, in what appeared to be a reconciliation, Watenpaugh told her the dog had disappeared.
As a show of what appeared good faith, he made her dinner, then informed her — through text messages — that she had eaten her dog.
“It set all of us back when we read the text messages about the incident,” said a police sergeant. “The suspect asked her how Bear tasted … obviously referencing the meal he prepared for her.”
Police are still investigating, but they say a package Watenpaugh left for his ex last week lends credence to the claims he made in his messages. On Tuesday, the victim said Watenpaugh left a bag at her front door — inside of which were the paws of what she believed to be her dog, Action News reported.
Watenpaugh, 34, was arrested Thursday evening, booked into the Shasta County Jail and is being charged with domestic violence, stalking, animal cruelty and imprisonment.
“It’s sad, that if indeed the dog was killed as part of this incident, because dogs are innocent. All they want is affection and love,” Redding Police Sgt. Todd Cogle told NBC News on Friday. “For someone to take advantage of that innocence is obviously sad and depressing.”
Watenpaugh admitted to leaving Bear’s paws in front of his ex-girlfriend’s home, but denied anything to do with the dog’s apparent death, police said.
No other remains of the dog have been found.
Posted by John Woestendiek September 15th, 2014 under Muttsblog.
Tags: animal cruetly, animals, arrested, bear, california, charged, cooks, dog, dogs, eaten, ex girlfriend, feeds, girlfriend, humans, killed, messages, paws, pets, pomeranian, redding, relationships, ryan eddy watenpaugh, ryan watenpaugh, serves, shasta county, text
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.”
Posted by John Woestendiek September 9th, 2014 under Muttsblog.
Tags: animals, arfee, couer d'alene, craig jones, dave kelly, department, dog, dogs, idaho, killed, lab, labrador, law enforcement, mix, officer, pets, police, shot
“Let me give you a public apology right now on behalf of the city of Houston,” Mayor Annise Parker said. “I don’t know what airhead – there’s another word in my mind but I’m not going to say it – would throw, you wouldn’t put a kid on the side of the road. You shouldn’t put someone’s pet on the side of the road.”
The airheaded officer has not been identified.
But police say an internal investigation of the incident is underway, and that it could take six months to complete.
As reported by KTRK, the complaint stems from a July 14 traffic stop. Josie Garcia says her husband and a friend were pulled over for failing to use a turn signal. Police say they found drugs in the vehicle — a prescription medicine called phencyclidine — and arrested both men. (The charges against Garcia’s husband were later dropped.)
According to Garcia, the arresting officer wouldn’t let her husband call anyone to pick up Guero, the family’s 14-year-old Chihuahua who was along for the ride.
Guero had bad vision due to cataracts, she says. He was left on the side of the highway when the vehicle was towed, and the officer took no steps to contact animal control, Garcia said.
“My husband pleaded with the officer to let him call someone to come get Guero … but he said it wasn’t his problem, that the dog would be fine,” Garcia said.
Three days later, Garcia, who had posted “lost” signs in the area, received a call from someone who had spotted Guero. She found him dead on a shoulder of the Eastex Freeway, about half a mile from where he had been left.
Guero wrapped the dog’s body in a towel, took him home and buried him.
Posted by John Woestendiek August 1st, 2014 under Muttsblog.
Tags: abandoned, airheaded, animals, annise parker, apologizes, apology, blind, cataracts, chihuahua, complaint, dog, dogs, eastex, freeway, guero, highway, houston, investigation, killed, law enforcement, left, mayor, pets, police, road
First she lost her job, then she lost the home she shared with her son — a temporary motel room.
Last Thursday, Tina Lambert lost her dog, too, when, while staying in a park, a stranger shot and killed her Rottweiler mix after the dog growled at him.
Lambert has been staying in Memorial Park in Sumter, S.C., with her son and two dogs, WLTX reported.
They were gathered by a bench Thursday when a man walked up, leading her dog, Ayakashi, to growl. The man fired one shot, killing the dog. Lambert said her dog was on a leash.
“There was my dog, she had a hole in her chest this big” said Lambert. “He blew a hole in her, she was gone. She took a couple breaths and that was all there was to it.”
Lambert says the man made a remark, laughed and ran to is car.
He later went to the Sumter Police Department to file a report saying he acted in self defense. The man, who police haven’t identified publicly, told officers the dog was unleashed.
Residents living near the park say Lambert’s dogs are friendly, and always on their leashes.
Sumter Police say because of the man’s concealed carry permit, and his claim that the dog was unleashed, no charges will be filed.
Lambert said she plans to dispute that decision.
Posted by John Woestendiek July 29th, 2014 under Muttsblog, videos.
Tags: animals, carrying, concealed, dog, dogs, growled, gun, homeless, killed, leashed, memorial park, mix, no charges, permit, pets, police, rottweiler, shoots, south carolina, stranger, sumter, tina lambert, unleashed, weapon
That police in St. Clair Shores in Michigan saw killing a dog as the preferable way to stop her barking has been pretty well documented in dash cam videos that have become public.
As soon as they pulled up at the scene, their dashboard camera recorded remarks they were making inside their patrol car, like “The only thing I’m going to do is shoot it” and “I don’t do snares. I don’t do dogs … I’ll shoot the f—ing thing.”
But why there were 15 bullet holes in Lexie, a dog police officers only admitted to shooting four times, is a question that may go unanswered — at least until a federal lawsuit filed by the dog’s owner comes to trial.
The lawsuit, filed earlier this month, stems from the November 2013 shooting of Lexie, a 44-pound mixed breed who was the subject of a barking dog complaint filed by a neighbor.
Lexie’s owner, Brittay Preston, filed the lawsuit against the city of St. Clair Shores, two police officers and an animal control officer, according to Fox News in Detroit. It alleges a violation of her Fourth Amendment rights against unreasonable seizure.
The lawsuit seeks money damages, and assurances that St. Clair Township police will “train their officers so that there’s not another incident where they respond to a barking dog complaint by killing it,” said Preston’s attorney, Chris Olson.
Preston was at work and the dog was under the care of a grandfather, who suffers from dementia and forgot to let Lexie back inside during a cold night.
Officers, after discussing their alternatives in the patrol car, approached the home and eventually persuaded the grandfather to let the dog in the house. After he agreed to do so, they shot the dog saying she lunged at them in a threatening manner.
Attorney Olson said the discussion recorded by the dash came shows the shooting was premeditated.
“Neighbors complained of a dog that was barking. [Police] showed up. The first thing that they said out of their mouths was they don’t like dogs; they don’t do dogs; they’re going to shoot the dog anyway. And that’s exactly what they did,” he said.
“Then they shot the dog again, instead of trying to take care of the dog, getting some care of the dog to prevent it from dying, they did what they intended to do. They made sure that the dog died. They shot it again, and then the dog walked into the animal control van and then when we picked up the dog it had extra bullet holes,” he added.
A necropsy conducted by a veterinarians found 15 bullet holes in Lexie.
Officers, after shooting and wounding the dog, can be heard discussing what to do next, including “choking it out” and “using a shovel,” according to the lawsuit.
One officer remarked that would be a bad idea because “you know this is going to be all over Facebook in about an hour.”
“We’re saddened when anyone loses a pet, but since the city and its employees are being sued, the city will certainly defend the lawsuit,” St. Clair Shores City Attorney Robert Ihrie said in a statement. “The complaint that was filed is filled with innuendo, speculation and half truths, and I have no doubt when it’s held up to the light of day, the truth will bear itself out in court.”
(Photo: from the Justice for Lexie Facebook page)
Posted by John Woestendiek July 25th, 2014 under Muttsblog, videos.
Tags: 15 bullet holes, animals, barking, brittany preston, brittay preston, cam, complaint, conversation, dash, dashboard, dog, dogs, federal, Fourth amendment, justice 4 lexie, justice for lexie, killed, law enforcement, lawsuit, lexie, michigan, necropsy, nuisance, officers, pets, police, recorded, shooting, shot, st. clair shores
“We as a city again want to offer our complete apology to Mr. Jones,” Mayor Steve Widmyer said at last night’s City Council meeting.
Widmyer said the city will “take full responsibility” for the death of the 2-year-old black Lab mix, named Arfee, if the investigation determines mistakes were made.
Arfee was alone in a parked van when a police officer — as yet unnamed — approached it from the rear during an investigation. The officer says the dog lunged at him when he neared the partially opened window. He fired one shot — through the window glass — hitting Arfee in the chest and killing him.
Police Chief Ron Clark also spoke at the start of last night’s council meeting, calling the shooting “a regrettable tragedy.” He said he has spoken to the dog’s owner, Craig Jones, a former Coeur d’Alene resident now living in Colorado who was visiting the Idaho city during the 4th of July weekend.
“I told him how sorry I was about this incident,” the chief said. “And we had a good conversation. We discussed the entire situation and also about how it was unintended.”
Jones left Arfee in the van while he went out to breakfast and returned to find a bullet hole through the window, according to the Spokesman-Review.
In a news release after the shooting, police said they were responding to a report of a suspicious van, possibly containing someone watching young children. When an officer approached the van on the driver’s side, “a vicious Pit Bull dog lunged out the open driver’s side window toward the Officer’s face,” the release said.
Police removed the dog’s body and left before Jones returned to this van. Police later said the dog was a Lab mix, not a pit bull.
A witness to the shooting also spoke at last night’s council meeting.
“Everything that I witnessed appeared to be a complete cover-up,” Jessi Johnson told the council. “Everybody watched and nobody did the right thing.”
Police Chief Clark said the department’s investigation will be reviewed by the city’s legal department, the administration and an outside authority yet to be identified. The results will he shared with the public, he said.
“I’m going to do everything I can to avoid anything like this happening in the future,” he added.
The officer involved will be reassigned from patrol to office duty until the investigation and reviews are completed, Clark said. The city has withheld the officer’s name and the officer’s report on the incident, according to the Spokesman-Review.
Posted by John Woestendiek July 16th, 2014 under Muttsblog.
Tags: animals, arfee, car, coeur dalene, craig jones, dog, dogs, idaho, investigation, killed, killing, lab mix, law enforcement, officer, parked, pets, pit bull, police, shot, van, window