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Tag: officer

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.”

Mayor apologizes for Arfee’s shooting

arfee2The mayor of Coeur d’Alene publicly apologized for a police officer’s fatal shooting of a dog in a parked van last week, and promised a full investigation into the dog’s death.

“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.

“I’m going to gut this thing,” Baltimore cop allegedly said before slitting dog’s throat


A Baltimore City police officer has been charged with slitting the throat of a dog that had been running loose — even though the dog had already been restrained.

“We have no words to describe this. To say that we are appalled at this allegation is an understatement,” Baltimore police Deputy Commissioner Jerry Rodriguez said.

bolgerOfficer Jeffrey Bolger has been charged with felony animal cruelty, police officials announced Wednesday afternoon.

Police were called Saturday morning to Grundy Street in southeast Baltimore for a report of a stray dog that had bitten someone trying to rescue it.

Police had secured the dog using a catch pole, but after that Bolger, an officer assigned to the emergency services division, used a knife to cut the dog’s throat, police said.

“Unfortunately, at some point after the dog was contained, one of our officers used a knife and cut the dog’s throat. This is outrageous and unacceptable breach of our protocol,” Baltimore police Deputy Commissioner Dean Palmere said.

WJZ in Baltimore reported that charging documents quote Bolger as saying, “I’m going to gut this thing.”

The dog later died.

Police officials said they knew of no reason for the officer to use such force on a dog that was already under control.

The dog had run off from her home nearby. She was a 7-year-old shar-pei named Nala, whose owner was searching for her and had posted her pictures on a community Facebook page.

“She was just the sweetest dog and would never hurt anyone,” Sarah Gossard told 11 News. “She was just scared that day and through all of those events — scared and lost, thirsty, hungry — yes I’m very sure that she bit someone, but the actions after that were not OK,” the dog’s owner,

Bolger been suspended without pay.

“I don’t want him to have his job, I don’t want him to be able to go out on calls and react like that to a person, to a dog, to anything. That’s not OK, that’s not OK,” Gossard said.

An investigation into the incident will also look at other officers who, though aware of what happened, had not reported it,.

Police commanders said they “caught wind of it Monday” — two days after Nala was killed.

Officer saves dog from submerged pickup

harrimanA “dog-loving” police officer dived into a Massachusetts pond to save a pooch trapped in the cab of a submerged pick-up truck.

Police in Carver received a call Saturday after the truck went into the murky pond.

By the time Officer David Harriman arrived, one of two dogs had escaped and was standing on shore with the owner. But the other hadn’t surfaced, according to Boston.com

“Instead of waiting for the dive team, I decided to go in and try and get the dog,” Harriman explained.

“Seconds mean a big difference for animals, and people for that matter, under water,” he said.

The owner of the dogs, Debra Titus, 59, of Plymouth, stopped the vehicle next to a pond that provides water to the local fire department to argue with a man about dogs, South Coast Today reported.

“She thought she threw it in park but in fact threw it in reverse,” Sgt. Raymond Orr said. “It backed up and went into the pond.”

According to a police department press release, Harriman “removed his gun belt and dove into the murky water … He then managed to open the door and enter the vehicle and retrieve the dog. The dog was returned to its owner in good health but a little frightened.”

A photo of Harriman standing on the roof of the submerged Toyota Tacoma, with the tiny dog in his arms, is racking up the likes on Facebook.

Harriman, who described himself as a dog lover, has an 8-month old bulldog named Jaxx.

CHP officer saves Chihuahua from interstate

highwaychihuahua

The center divider of Interstate 680 is not a place you want to be — especially if you’re a Chihuahua.

It’s a small wall of concrete that separates multiple northbound lanes of whizzing traffic from multiple southbound lanes of whizzing traffic, and the top of it is only about as wide as … well, a Chihuahua.

A California Highway Patrol officer spotted the dog atop the divider around 6 p.m. Friday, near the North Main Street overpass in Walnut Creek, and used a protein bar to coax it toward him.

The dog, uninjured, was taken by Contra Costa Animal Services personnel to an animal shelter in Martinez, the CBS affiliate in San Francisco reported.

CHP Officer John Fransen said it’s likely someone left the dog there.

“As sad as it sounds, it actually happens pretty often,” he said.

Since Friday night, there have been several offers from the public to adopt the dog, the officer said

One very brave piece of “property”

mickNormally, we would call Mick, a Portland, Oregon, police dog killed in the line of duty this week, a hero.

Or maybe even a life-saver, which is how his partner, Officer Jeff Dorn, referred to him while recuperating in a hospital  from two gunshot wounds fired by the same burglary suspect who fatally gunned down Mick.

But according, at least, to an Oregon Court of Appeals decision — issued the very same day Mick died while trying to apprehend the fleeing, gun-firing suspect — Mick, being a dog, was merely “property.”

The court ruling wasn’t about Mick — instead it stemmed from an abuse case — but the timing and juxtaposition of the two stories serve to make a point that society, and lawmakers, and law enforcers, and courts, ought to start heeding.

Dogs aren’t toasters.

Mick joined the Portland Police Bureau K-9 Unit in March. After only a few days on the job, police, he captured three suspects within a 10-hour period. On Wednesday, he was with Dorn, chasing down a fleeing burglary suspect, when he was shot.

“Officer Dorn would like the community to know that ‘Mick saved my life,’ ” Portland police Sgt. Pete Simpson said in a press release.

“The dog was doing its job. He was out there protecting our community, and it’s tragic that we lost the dog,” said Portland Police Chief Mike Reese.

dornandmickAfter Mick’s body was recovered, a procession of police cars followed him to a veterinarian’s office, according to a report in Wednesday’s Oregonian, but it was too late.

On the same day Mick died, the Oregon Court of Appeals issued a ruling declaring — in line with what all the law books say — that dogs are “property.”

As such, the three-judge panel ruled, dogs can’t be seized and examined without a warrant, even if the purpose is to save a dog’s life.

The legal view of dogs as — above all else — property both degrades and endangers man’s best friend, and can make it difficult for animal-cruelty investigators to provide help to beaten, starved or neglected pets.

Changing that age-old view would require throwing away a lot of law books, and it would require judges to finally start showing half the backbone Mick did.

It’s time to make a legal distinction between inanimate “property” that has no soul, and “property” (if we must call them that) that does have a soul.

The Court of Appeals Wednesday did the opposite, throwing out the conviction of a 28-year-old woman who, based on evidence from a veterinarian who tested and treated the animal without a warrant, was found guilty of starving her dog, the Oregonian reported.

After an informant told the Oregon Humane Society that Amanda L. Newcomb was beating her dog and failing to properly feed it, an animal-cruelty investigator went to Newcomb’s apartment in December 2010 and saw the dog in the yard “in a near emaciated condition.”

Newcomb told the investigator she was out of dog food and that she was going to get some more, but the investigator  determined the dog likely needed medical care and brought the dog to a Humane Society vet for an examination.

That exam, according to the appeals court ruling, constituted unreasonable search and seizure of property — namely, Newcomb’s dog.

While the investigator had probable cause to seize the dog without a warrant, the court said, the “search” — i.e. medical exam — of the dog violated Newcomb’s privacy rights because the authorities hadn’t obtained a warrant.

The ruling effectively overturns her conviction on charges of second-degree animal neglect, and the original judge’s orders for her to serve one year of probation and not possess animals for five years.

It could also serve to hamper animal cruelty investigations across the state.

Maybe worst of all, it confirms the foolish concept that dogs — despite their heroics, despite their loyalty, despite their having character traits that we humans can only envy — are, first and foremost, property, a wrongful designation that legally, if not in reality, seems to trump all else.

Idaho dog shooting leads to recall drive

If you think dogs don’t play a role in politics, consider Hooch.

Shot and killed by a police officer in February in the tiny town of Filer, Idaho, the seven-year-old black Lab is the force behind a petition to recall the town’s mayor and all four members of its city council.

Residents — and more than a few outsiders — are still angry over Officer Tarek Hassani’s shooting of the dog, recorded by his patrol car’s dashboard cam and since seen, thanks to the Internet, around the world.

In the video, he can be seen arriving to investigate a report of a dog on the loose, yelling and kicking at the barking animal, shooting it, and then confronting the dog’s owner in a belligerent (and that’s putting it nicely) manner.

An “outside” investigation found no wrongdoing on his part, and Hassani, on paid leave pending the results of the investigation, returned to regular duty this past Saturday.

recallOn Tuesday, the effort to recall the mayor and council started, the Twin Falls Times-News reported.

After the shooting, there were demonstrations, and officials in the city of just over 2,500 people held public hearings that led to some changes, including scheduling training sessions for officers on how to deal with dogs.

“I think they’re going to do their best to make the recall work,” said Mayor Rick Dunn. “They only needed 20 (signatures) to start the process, and they’ve gotten that far.”

Gathering 20 signatures for each city leader’s recall petition is only a first step. Organizers now have 75 days to gather 201 signatures for each official — 10 percent of the number of voters registered in the last city election — to bring about a recall election.

filerhearingAn investigation by the Nampa Police Department, about 150 miles northwest of Filer, found the shooting was justified, but it did question why the officer didn’t stay in his vehicle, call the owner of the dogs or call for backup.

Town officials have scheduled a mandatory eight-hour training session on how to deal with aggressive dogs for Filer’s police officers on May 3.

Mayor Dunn said fallout from the shooting has placed the town in a bad light.

“I hate to see that,” he said. “Filer is a nice town: We have good staff, good people here. Give Filer a little more credit than this.”

(Photos: Top, Mike Preston and his wife, Brenda, sign a recall petition, by Ashley Smith / Times-News; bottom, citizens who, because of the size of the crowd, couldn’t get into a town hearing on the case in February, by Drew Nash / Times-News)