NEWS

Residents shocked as pit bull terrier is pepper-sprayed by cops as it sat behind a fence

• BY MATT WILLIAMS
• NT NEWS
• APRIL 15, 2014 10:00AM

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A Palmerston resident says police pepper-sprayed his friend’s pit bull as it sat behind a fence in Driver.

A SEVEN-YEAR-OLD pit bull terrier has been pepper-sprayed by police because it barked at them, an angry Palmerston resident claims.

Thomas, who did not wish to provide his surname, said police attended his friend’s home at Driver late last week when an officer pepper-sprayed Rota the pit bull, which was behind a fence.

“The two officers were undercover and they came to the house to follow up with my mate about a stolen motorbike he’d purchased,” Thomas said.

“I saw them at his place and went to question them because they were undercover and driving in a black Prado. They told me they were police officers and then they said ‘you might want to check on the dog because we just pepper-sprayed it.”

Thomas said when he asked the officers why they pepper-sprayed Rota, they replied: “Because it barked at us”.

“I rushed in to see the dog and she was in so much pain, she was rubbing her eyes and even when I grabbed her by the collar I could feel it burning me,” he said.

“Her eyes were blinking really fast and it was so sad to see.”

Thomas said police attended his friend’s home the previous week to check-in on the stolen motorbike he had bought.

“Police got into the yard then when they weren’t supposed to and Rota bit one of them on the arm,” he said.

“I could’ve understood if they pepper-sprayed her then but to do it when they came back, and she was behind a fence, is animal cruelty to me.”

NT Police spokeswoman Rebecca Forrest said they had no complaints against police, or any complaints of animal cruelty, for the period when the incident was alleged to have happened.

“If those affected would like to complain against police for their conduct they should call us and report it,” she said.

Denver Deputies Who Killed Homeless Street Preacher Obeyed Rules, Lawyer Says

http://www.huffingtonpost.com/2014/09/23/denver-deputies-kill-marvin-booker-homeless_n_5865092.html?cps=gravity

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DENVER (AP) — Five Denver sheriff's deputies followed the rules when they used a sleeper hold and stun gun to restrain a homeless street preacher who died in the downtown jail, a defense attorney said Monday.

The comments by Denver attorney Thomas Rice came during opening statements in a federal civil trial involving the deputies accused of using excessive force in connection with the death of Marvin Booker.

The 5-foot, 135-pound inmate died in July 2010 after deputies subdued him in the booking area of the jail.

The trial comes amid calls for a federal investigation of the department over other high-profile abuse cases.

Sheriff Gary Wilson resigned in July as the city agreed to pay $3.3 million to settle another federal jail-abuse lawsuit by a former inmate over a jail beating.

Inmates told investigators the struggle began when Booker was ordered to sit down in the jail's booking area but instead moved to collect his shoes, which he had taken off for comfort.

Booker, 56, who was arrested on an outstanding warrant for drug possession, was cursing and refusing to follow orders, authorities have said. He was restrained by deputies who got on top of him, placed him in a sleeper hold, handcuffed him and shocked him with a stun gun.

Attorney Mari Newman, who is representing the family of Booker, countered in court that the force was a malicious overreaction to the inmate. She said deputies stunned him for too long and should have backed down when Booker said he was struggling to breathe.

"The fact that he was frail makes it all the more outrageous," she said.

Denver's medical examiner said Booker died of cardiorespiratory arrest during restraint, and ruled his death a homicide. The report listed other factors in his death, including emphysema, an enlarged heart and recent cocaine use.

Rice said Booker's death was the result of his own poor choice to keep resisting deputies even as they tried to subdue him with increasing force.

"Mr. Booker made the decision to fight the officers, who never lost their temper and never lost control of their actions," he said. "All he had to do was stop, follow the rules and behave like all of the other inmates and we wouldn't be here."

Rice claimed an inmate in better health would have survived.

Prosecutors declined to charge the deputies, and department officials never disciplined them, saying it was reasonable for the deputies to believe he could harm someone and that force was necessary to restrain him.

Booker's family filed the federal suit seeking unspecified damages against the city and county of Denver as well as deputies Faun Gomez, James Grimes, Kyle Sharp and Kenneth Robinette and Sgt. Carrie Rodriguez.

In a rare move, the city last week accepted liability for Booker's death, which could prevent his family's attorneys from presenting evidence from other excessive force complaints.

Surveillance footage played in court shows three officers wrestling Booker onto chairs then down to the floor before two others join the scuffle. One puts his arm around Booker's neck for about three minutes. Officials said at the time that a deputy warned Booker to stop resisting.

An autopsy report said deputies had their body weight on Booker's back for four minutes while he was face-down on the floor.

The video also shows deputies carrying Booker's limp body to an isolation cell after one of them stunned him for at least eight seconds.

Newman said deputies showed no concern for Booker's health after the incident and should have summoned medical care sooner.

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Follow Sadie Gurman at http://twitter.com/sgurman

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Nala The Dog's Throat Slit

An officer in Baltimore City was charged with animal cruelty after allegedly slitting the throat of Nala (pictured with owner), a pet who had escaped from her home. 

Nala had nipped at a woman's hand earlier in the day, but even that woman was horrified by officers' treatment of the dog. She noted that Nala was not aggressive, but had bitten her only "out of fear."

Click here to read the whole story.

Law Enforcement Today article warns police not to kill family dogs

Law enforcement officers have now been warned in a trade publication not to shoot family dogs.

James P. Gaffney recently wrote an article which appeared in the online magazine for police personnel called Law Enforcement Today. In his article he told police officers to expect a lawsuit should they wrongfully kill a family dog while performing their job as an officer. Mr. Gaffney is highly qualified in these matters, as he served with a metro-New York police department for over 25 years as a patrol officer, sergeant, lieutenant and an executive officer. He also teaches university level criminal justice courses as an adjunct professor in the NYC area.

Gaffney wrote that police officer's need to realize that procedures within the law enforcement field change from time to time. What was acceptable behavior for an officer ten years ago may be considered entirely unethical in this period of time. This includes how the family dog is to be treated.

More and more family dogs are living as a member of the family. No longer confined to chains or tethers, most dogs these days enjoy the luxury of living, eating and sleeping inside with family members. For those with fenced in yards, this is merely a way to confine family dogs as they take potty breaks. In the old days, the fence meant safety for the dog. Unfortunately, that has changed with the new breed of officer, supposedly serving the public, who has the attitude to shoot the dog first and ask questions later. The new status quo these days is when an officer kills a family dog, they have in effect robbed that family of the years left with what many dog owners consider another "child."

Police departments nationwide advise their officers to take whatever measures are necessary to keep themselves safe when facing down a dog. In most of the dog shootings that take place today, the officer involved is sorely lacking in both common sense and compassion. Whenever a dog is seen inside a fence, the first thing an officer should do is to use the brain (some police officers still have one of these) and remember a stranger on the property could provoke the dog into barking, snarling, and yes, even attacking. This does not give the officer a free pass to shoot the dog before coming onto the property. Especially if the person living there hasn't committed a felony.

Police officers are also cautioned to use objective reasonableness based on the circumstances at the time they arrive on scene. This means an officer should think through a situation before it gets out of hand and act accordingly. If a dog is behind a fence and may pose a danger, it's common sense not to open the fence. Too many dogs are killed and 20/20 hindsight used to try and explain their actions. Was deadly force REALLY necessary? Most times the answer is no.

The Fourth Amendment has now been used in court to back up this logic. The family dog is now considered property, which cannot be seized without cause. It gives people rights against a search and seizure by police without probable cause. Since a large majority of these cases involve police being at the wrong address to start with, perhaps a good GPS system would also prevent many of these tragic shootings.

An easily understood explanation of the Fourth Amendment states that the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated. The federal courts recognize a dog, or canine companion, as an effect. This means an officer should not shoot a dog coming over to say hello. He should also refrain from chasing the dog onto another property in order to kill it, or from shooting the dog as it retreats.

Laura Scarry is a Chicago based attorney who represents police officers accused of state and federal civil rights violations. Last month she spoke at a seminar for International Law Enforcement Educators and Trainers Association (ILEETA), where she advised those officer's attending of the family member status dogs now share in most households.

The precedent in place that many dog defender attorneys use is a result of the 9th Circuit Court of Appeals ruling in the case of Fuller v Vines, 36 F.3d 65,68 (9th Cir. 1994). In simple language, the officer shooting the dog constituted a violation of the dog owner's civil rights based on the part of the Fourth Amendment that deals with search and seizure. At least three federal circuit court decisions have found an officer guilty of violating this amendment when the officer killed the family dog.

To police officers who may be reading this article, in simple language it means dogs are now considered protected under the Fourth Amendment. If you shoot a family dog, the family will likely sue you, your police department and your city. Combine this with the change in perception by the courts, a guilty verdict is highly likely. A few officer's have been charged with animal cruelty for acting irresponsibly. Many times this shows not only a lack of common sense, but also an officer who shows no compassion while performing his duties.

This also means a police department internal investigation may find an officer guilty of a civil rights violation. With the number of lawsuits being filed, more and more officer's who take it upon themselves to kill the family dog will be personally held liable for their actions. Police officers will likely find themselves under arrest for animal cruelty in the near future, should they act without very strong cause to kill an innocent dog.

Please circulate this article among dog owning friends, as well as any police personnel who need a bit of training as to how to treat a family dog while on the dogs property.

For more of Elisa's articles on dogs shot by police, click here.

Killer Cops Strike Again! and throws dogs body off a cliff

Killer Cops Strike Again! Don’t Let Them Get Away With Murder – CALL TO ACTION

Posted on May 16, 2012by BSL News

Kojo – Murdered by TN Cops

By Sloane Quealy-Miner

Yesterday Cindy Marabito reported viaThe American Pit Bull Examiner of yet another heinous killing perpetrated by theCheatham County, Tennessee Police. The victim’s name is Kojo, and he is another innocent dog that has had his life unjustlysnuffed out by killer cops. And if the execution wasn’t despicable enough the morally bankrupt police officers threw Kojo’s still warm, lifeless body off of a nearby 150 foot cliff.

An eyewitness who reported the incident and witnessed the entire episode reported “when the officers shot the dog, they dragged it into the woods and threw it off the bluff”. Kojo’s “owner” Brandon Reed has not been able to recover his loving dogs body.

It is clear to me and many others that the cops were up to no good and in fact knew they were wrong which is why they threw Kojo’s body off the bluff. It also comes as no surprise to me that everyone who knew Kojo reports he was an extremely well-mannered and well-adjusted, friendly, loving dog. Kojo will be greatly missed by his “owner” Brandon Reed and also by Buster the bunny who Kojo shared not only a home with but a food bowl.

Kojo and his Dad. Rest in peace, Kojo.

It is clear to me that many officers believe they have a free pass to kill when it comes to pit bulls. These ethically challenged cops repeatedly used the tired defense that the dog was “vicious” or “aggressive” when in countless cases the witnesses have reported otherwise. 

CALL TO ACTION:

Don’t let the Cheatham County Sheriffs’ Department get away with murder! SPEAK UP regarding this clear abuse of power by the responding police officers who are supposed to serve and protect, not terrorize and needlessly kill the innocent!

 
CONTACT Sheriff Holder at the Cheatham County, Tennessee
EMAIL SHERIFF HOLDER: patsycheatham@yahoo.com

CONTACT MAYOR HERE  

SNAIL MAIL ADDRESS
200 Public Square
Ashland City, TN 37015

Chief of Police in Dunn, North Carolina Calling For Pit Bull Ban – URGENT CALL TO ACTION

Chief of Police in Dunn, North Carolina Calling For Pit Bull Ban – URGENT CALL TO ACTION

Posted on March 1, 2012by BSL News

By Sloane Quealy-Miner

Fight for my rights! STOP BSL

The Dunn Police Department claims they are committed to making their community the best place possible to live and work. If this were true then Chief Jones (Chief of Police) would not be taking the lazy approach to solving their communities dog issues and be pushing to ban pit bulls citywide. Instead he would be pushing to strengthen and properly enforce dangerous dog laws.

 Breed specific legislation does not work, as its target is misplaced to the dog and not the owner. This is why numerous jurisdictions continue to repeal their breed specific ordinances. Also, numerous jurisdictions did not see any decline in dog bites when they did ban pit bull type dogs.

Deeming entire breeds of dogs that fall under the term “pit bull” “dangerous” is ludicrous. This unfairly holds millions of well-adjusted dogs and responsible owners accountable for the bad acts of a few. Why not look at the Calgary and Alberta, Canada, model, as they have the lowest bite rates and no breed specific legislation. They have succeeded where Chief Jones is setting up to fail.

They incorporate licensing, public education and enforcement, with supporting agencies all working together. Key aspects of the program include no breed specific legislation, stronger licensing programs and stronger enforcement as well as safety public awareness and education campaigns. “We don’t punish breeds, we punish behavior,” said Chief Officer Bill Bruce. “The bottom line is, we believe all dogs are capable of biting.”

Every animal that ends up in a shelter or on the street is there because a human relationship failed them. It’s always the animal that pays in the end.

People are legally allowed to force their “pets” to endure such stressful and inhumane situations that it is no wonder dogs act out. How would you like to be kept outside on a chain Chief Jones? Forced to suffer through extreme weather conditions, sporadic feedings and shown no kindness.

It does not take a scholar to realize that factors beyond a dogs breed affect a dog’s tendency toward aggression – such as reproductive status, heredity, sex, early experience, and socialization and training.  These concerns seem well-founded given that more than 70% of all dog bite cases involve unsterilized male dogs, and an unneutered male dog is 2.6 times more likely to bite than a neutered male dog.  In 2006, 97% of all dog related human fatalities in the United States involved unsterilized canines. Dogs kept tethered whether by chains or collars for hours, days, months or even years suffers immense psychological damage. A friendly and docile dog, when kept chained becomes neurotic, unhappy, anxious and often aggressive.

CALL TO ACTION:
CONTACT the Dunn City Council  HERE  
Complete List of City Council Members/ Mayors Phone Numbers  HERE

EMAIL CHIEF OF POLICE JONES HERE 
CALL – 910-892-2399
FAX-  910-230-3592

Educate the Chief of Police as well as the Mayor and City Council members regarding the ineffectiveness of BSL. Encourage them to do right by the people in their community as well as the animals. It is up to us to speak up for the voiceless animals. We are all they have, and they are depending on us!