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Tag: shot

Why not just drive off, cable guy?

cleoOut of Monroe County, Michigan, comes the story of a cable guy who shot and killed a “threatening” dog while on duty.

We’ve come to expect this behavior from police officers, and regularly bash them for making snap judgments to end a life because a dog is running towards them in what they perceive — sometimes rightly, sometimes wrongly — to be an aggressive manner.

But possibly even scarier than that is the idea of a cable guy who is toting a gun, and  making that judgment.

In this case, Martel Travis had arrived at a home when he was approached by Cleo, a three-year-old chocolate Lab mix who lived next door.

Travis told police, after the incident, that the dog was acting aggressively, so he walked away from the home and to his service truck, where he retrieved his gun and shot the dog.

We can’t help but ask, once he was back in his truck, why didn’t he just drive away?

Is installing cable so important that gunning down a dog is preferable to coming back another day, perhaps one when the neighbors have been called and asked to keep their dog inside?

To consider this a killing that occurred in the “line of duty” is a joke.

But somehow, a jury saw clear to acquit him of the charge the prosecutor’s office filed  – animal killing/ torturing, a felony that carries a maximum penalty of four years in prison.

The Monroe News reports that the jury deliberated about an hour before rendering their verdict.

“This has revived my faith in the criminal justice system,” said Marlon B. Evans, the Detroit lawyer who represented Travis. “… He was at work, doing his job and he had a right to defend himself.”

Monroe County Assistant Prosecutor Ronald Benore Jr. called six witnesses to testify in the one and a half day trial, and argued that Travis overreacted and shot the dog unnecessarily.

“The jury must have believed he was in fear of his life or in danger,” Benore said.

The dog’s owners, Brian and Melissa Doran, said they were shocked at the verdict.

Cleo was never aggressive and was merely trying to greet Travis, they added.

We won’t second guess the jury (much), but we will second guess the cable guy:  Once he returned to his vehicle to get his gun (which he has a license to carry), why didn’t he just remain inside and make a call, or drive off?

(Photo courtesy of the Doran family)

Dog in Montana shot while in owner’s arms

jackson

A dog in Montana took a bullet intended for his owner — a bartender in Hamilton who had apparently offended a customer earlier in the night.

Joe Lewis, 29, who cuts wood and serves drinks at the Rainbow Bar for a living, returned home from work early Saturday and carried his pit bull, Jackson, outside. The dog had recently had a toe removed and was wearing a cast.

While he was holding the dog four shots rang out.

The first hit the dog in the head. The second hit Lewis in the ribs and exited his back. He was treated at a hospital and released. His pit bull died. Lewis’ brother, Mike, said the first bullet would likely have struck Lewis in the head had he not been carrying the dog.

According to The Missoulian, Lewis had an altercation with a customer earlier in the evening. The customer ordered a “red beer” and became angry because it contained Clamato juice (rather than the more traditional tomato juice), which he said was contrary to his religion, Judaism.

According to court records, the customer, who is also a neighbor of Lewis, told another neighbor that he was going to retaliate and kill Lewis.

Monte Hanson, 59, has been charged with attempted deliberate homicide and animal cruelty,

lewisandjacksonMike Lewis said his brother was recovering at home but was “pretty broken up about his dog …Anyone who knows him knows he’s not your average animal guy. He takes his animals very, very seriously.”

Lewis’ family has started a GoFundMe campaign to help with expenses and buy another dog. By yesterday it had raised $3,200.

“Jackson was a purebred red-nose pit,” Mike Lewis said. “Those dogs are not easy to come by.”

(Photos courtesy of Lewis family)

Deeming its behavior aggressive, Texas man shoots pit bull three times at dog park

diesel1

A man who shot a pit bull he thought was behaving too roughly with his dog at a Texas dog park was briefly detained but released by Harris County sheriff’s deputies.

Deputies were called to the Bay Area Dog Park in Pasadena Sunday after the pit bull, named Dieisel, was shot — reportedly three times.

The man said he was defending himself and his dog, but witnesses interviewed by news organizations afterwards said the pit bull was only playing roughly with the man’s dog and at no point seemed aggressive.

The two-year-old pit bull was taken to a veterinary hospital, where, due to the severity of his injuries — a shattered front leg and two bullet wounds to the back —  he was put down, Click2Houston reported.

The man told investigators the pit bull was trying to attack his dog, and he was afraid it would turn on him. Witnesses said he kicked the pit bull first, then drew his weapon, firing at least three times.

“His dog was not in danger… He was not in danger,” one witness said. “I don’t understand how they are not pressing charges. I witnessed everything. No one was in danger.”

“I just can’t believe somebody would do that when the dog wasn’t even being aggressive,” said another.

The man, who authorities declined to identify, told others at the dog park that he had a concealed carry permit for the weapon, witnesses said.

Deputies initially placed him handcuffs, witnesses said, but he was later freed.

The Harris County District Attorney’s office said reports saying it was declining to prosecute the man were incorrect, and that detectives have been asked to investigate the case.

(Photo: KPRC in Houston)

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)

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.”

“The only thing I’m going to do is shoot it”


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.”

lexieBut 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)

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.

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