Man Arrested and Charged with Threatening Police Dog

WSAZ Channel 3 ^ | 6:15 PM Aug 21, 2009 | Carrie Cline

[apillar]

ATHENS Ohio (WSAZ) -- Barking up the wrong tree -- that's what some say one man did when he threatened a local police dog. But, it's what happened after the comment that's got some people biting and others scratching their heads.

“In response to the dismissal, it’s a doggone shame,” said Robert Toy, an Athens defense attorney.

Toy is amusing himself with a case he says has gone to the dogs.

“It’s a silly charge,” he said.

“We take this charge very seriously,” Athens County Sheriff Pat Kelly said.

The incident started at a construction site across the street from the sheriff's department in downtown Athens. That's where Mark Isaac and another construction worker made comments about Esko, the Athens County Sheriff's drug dog.

“The one construction worker said to my client, ‘That dog is coming to get you.’ My client, who was about 150 feet away on the second floor, made a comment back,” Toy said.

“He said, ‘I’m going to kill that dog’ and the deputy overheard him,” Kelly said.

“The deputy walked across the street and arrested my client, charged him with a felony and put him in jail,” Toy said.

“Esko is an officer of the law and you can’t threaten any kind of officer whether they be a person or a dog. My deputy felt a real threat was being made against his dog, who is a police dog, and so he consulted with the prosecutor and they agreed charges need to be filed against him,” Kelly said.

Isaac, who is 37, was charged with aggravated menacing -- a felony punishable by a year in jail and a $2,500 fine. He's free on a $5,000 bond. Kelly said the case was dismissed in municipal court, but could go to the grand jury. Toy said if that happened, an interpreter might be needed.

“Under the constitution, I would have the right to interview the witness, in this case, Esko the dog. I’ve submitted a motion for an interpreter, my dog, Elbee the Doggie. I know when he wants to go for a walk because he brings me his leash. When he wants to play ball, he comes to me with his ball in his mouth,” Toy said.

“I don’t appreciate the attorney using humor in what is a very serious matter,” said Sheriff Kelly.

The sheriff said he's hoping Isaac receives some kind of charge. Late Friday afternoon, he found out why Isaac may have been angry at the dog. According to Athens City Police, one of their dogs happened to be searching his hotel room the night before and found an ounce of marijuana.

Kelly said he thinks Issac mistook Esko, the sheriff's dog for the city police dog and directed his anger toward him. We'll keep you posted on what happens.

[apillar]

Don't y'all be insulting Barney's dog now! I hear the penalty for making a crack about his shootin skills is lethal injection.

[taxtruth]

Gee,dogs are lunch meat in China.What's the big deal?

[Orange1998]

“Esko is an officer of the law and you can’t threaten any kind of officer whether they be a person or a dog.

I thought one had to meet minimum requirements to become a police officer. And if a dog can qualify as a police officer then why have requirements.

[ntmxx]

Now this is a clear example of Police stupidity! Where’s Captain Kenya…

[DariusBane]

You can’t have A Dog of a Peasant threatening the overlords... Or their Dogs!

[Ronin]

Given the testosterone-fueled machismo of steroid-pumped LEOs these days, the guy is lucky he just got arrested.

I’m surprised he wasn’t tazed, slam-dunked into the hood of a nearby car and handcuffed.

[Ronin]

That remark in itself shows utter stupidity. That dog is NOT an officer of the law. The dog is a tool that is used by law enforcement officers. The dog does not carry a badge, has not sworn an oath, etc. etc. etc.

Now I like dogs and cats and other furry animals, but let’s get real here.

[Orange1998]

please explain.

[ninergold3]

Here is Ohio's Statute regarding police dogs: Ohio Revised Code 2921.32.1. No person shall knowingly cause or attempt to cause physical harm to a police dog or horse in either of the following,if the dog or horse is assisting a police officer in doing his official duties or the dog or horse is not assisting the officer but the offender has actual knowledge that the dog/horse is a police dog or police horse. This statute also covers handicapped assistance dogs. A violation of this statute where death results it is a Felony of the 4th degree( 6 months to 18 months in jail and a $5,000 fine ). Serious physical harm to the dog/horse it's a Felony of the 5th degree (6 months to 12 months and $2,500 fine ). Physical harm is a Misdemeanor of the 1st degree ( no time to 6 months & $1,000 fine). If no harm is involved it is a Misd of the 2nd degree ( no time to 90 days & $750 fine )

http://www.policek9.com/html/statutes.html#Ohio

[Lurker]

Agreed. Unless the dog can get on the Witness Stand, be sworn, and testify, there's no charge here.

In fact I'd countersue under 18USC242 for an Intentional Deprivation of Civil Rights Under False Color of Authority with the Special Circumstance of being armed while doing it.

I'd own this cop, his wife, his kids, his house, the PD, and the entire Municipality.

L

[SamAdams76]

Actually police dogs are issued badges and are generally considered the equal of police officers. Most departments also consider their K-9 dogs to be sworn officers of the law and if they are killed in the line of duty, they are given a full police funeral. The intentional harming of a K-9 police dog is a felony and the killing of one could result in a murder charge. In fact, in states with a death penalty, it can be considered a capitol offense - although I don't believe a death sentence was ever carried out for the murdering of a police dog.

It does require a lot of training for a canine to make the force and once sworn in, the canine is considered to be part of the force just like any human officer and they are accorded all privileges and benefits thereof.

I know this might sound a little hokey to some of you but most police departments take their canine partners very seriously.

[Ronin]

I thought my comment was self explanatory. The dog is not a law enforcement officer by any stretch of the imagination because a dog is property and has no rights. Any damage done to a dog is damage to property.

You can dress a dummy in a police uniform, hang a badge on it, strap a pistol to its waist, but that will not make it a cop.

In this case, no damage was done to the property so there is no case.

[Ronin]

The intentional harming of a K-9 police dog is a felony and the killing of one could result in a murder charge. In fact, in states with a death penalty, it can be considered a capitol offense - although I don't believe a death sentence was ever carried out for the murdering of a police dog.

While killing a police dog may indeed be a felony, I seriously doubt it would be prosecuted as murder. You would have to show me a specific case before I believe that.

Again, dogs, cats, pigeons, gerbils, etc., are chattel property and do not have rights as we understand them -- as much as that disappoints PETA.

The fact that police departments want to be cutsie about it and give them badges does not make them law enforcement officers.

They are tools, just as guns, radios, computers, cars and shoelaces are. No more, no less.

[apillar]

Cool! now that dogs can be issued badges and are generally considered the equal of police officers, in the eyes of the law, I’m going to buy my pet ferret a calculator and declare him a Certified Public Accountant. I think my cat has always had secret desire to be a long haul truck driver as well...

[08bil98z24]

I thought one had to meet minimum requirements to become a police officer. And if a dog can qualify as a police officer then why have requirements.

I guess just about ANYONE or ANYTHING can become a police officer these days.

[Secret Agent Man]

And he will lose his 2A rights.

[Judith Anne]

If you google police dog/drug dog training, the requirements and training, the expense, the skills of the dog, etc. will become more clear to you. Police/military/drug dogs will, without thinking, give up their lives for their human partners.

Or, you can just ignore all that, and keep thinking the way you do.

[taxtruth]

On vacation in my state the lazy sack of plop.

[I am bigjohn]

Last May, a police officer in New Orleans left his dog(Primo)/partner in a locked vehicle with the windows rolled up. The temperature that day was high enough to kill the dog. The officer was not charged. Why not?

[KJC1]

Yup. And the response of the defense counsel is ridiculous in a willfully obtuse way. The dog is not the witness, the human police officer is.