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Trial To Begin Monday In Lawsuit Over Dog Fatally Shot By Hartford Police
The Hartford Courant ^ | May 17, 2012 | Christine Dempsey

Posted on 05/28/2012 5:25:10 PM PDT by Altariel

HARTFORD — —

Two city police officers are being sued on a claim that they shot a family dog in front of its 12-year-old owner after entering the backyard of her Enfield Street residence without a warrant.

Police claimed that a snarling St. Bernard charged at them when they went into the yard to investigate a report that guns were stashed in a vehicle there.

A jury trial is scheduled to begin Monday before Judge Robert N. Chatigny in U.S. District Court in Hartford.

Glen Harris, who is listed as the minor's guardian, filed the federal lawsuit in 2008 against the city of Hartford and two officers who were at the 2006 shooting scene, Officers John O'Hare and Anthony Pia. Pia is now a detective. Harris' lawyer, Jon L. Schoenhorn, declined to comment, citing the upcoming trial.

Calls to O'Hare, Pia and other police staff were not returned. The lawyer representing the officers, Thomas R. Gerarde, also could not be reached.

According to court documents, the Harris family had two St. Bernards that were "good-tempered and obedient" and "never bit anyone."

The 12-year-old, a girl identified only as "K.H." in court documents, had developed a special relationship with one of the dogs, named Seven.

"She felt she could talk to him and that he would listen, understand, and comfort her in a way that no one else could," a court memorandum states.

On Dec. 20, 2006, according to the memorandum, O'Hare and Pia walked into the Harris' backyard at 297 Enfield St. without a warrant. As they rounded the back corner of the house, they saw a St. Bernard, Seven, begin to move toward them. They turned and ran back the way they came, along the north side of the house, toward the front yard, the document states.

The girl ran around the other side of the house "in an effort to head off Seven's path through the front yard," it states. The girl heard two shots before she got to the front yard.

When she arrived, she saw O'Hare standing over Seven, who had fallen to the ground. The dog was breathing heavily and his tail was wagging weakly, the document states. She screamed, "Don't shoot my dog."

According to the document, "O'Hare looked at K.H., then back to the dog, and shot the dog in the head." The girl ran to the dog, screaming and crying, after which O'Hare told her, "Sorry, miss, but your dog isn't going to make it," it states.

The third bullet caused the dog's death, the memorandum states. The document states that the girl had suicidal thoughts after the shooting and was hospitalized.

The suit accuses the officers of conducting an "illegal search," calling their presence a "warrantless invasion." With the exception of the driveway, the entire property is enclosed by fences or gates, and there were three "Beware of Dog" signs posted on the property, it states.

But according to a nine-page incident report filed by police, O'Hare and Pia had received a tip from a reliable source that two handguns were stashed in an abandoned vehicle in the backyard of 297 Enfield St. They went into the yard about 3:20 p.m., and a large, full-grown St. Bernard "immediately began to bark and snarl," the report states.

Both officers ran toward the front of the house with the dog in pursuit. Pia was able to get to a sidewalk on the other side of a fence, but O'Hare ended up in the front yard "with the dog running directly at him," it states.

O'Hare was unable to elude the dog, the report states, which was "showing its teeth." He pointed his gun at it and yelled for it to get back, but the dog only hesitated momentarily before advancing again, it states.

The dog lunged at O'Hare, who fired three times, hitting it in the head and chest from 3 feet away, the report states.

Pia said the dog was trying to bite O'Hare's legs as he was running.

The report says nothing about a pause between the second and third shots or the girl witnessing the shooting — a point the defendants are expected to contest in court.

The suit claims that O'Hare's actions were "so extreme, callous and outrageous that they fell outside the scope of acceptable police behavior," in violation of the due-process clause of the Constitution.

It also claims that they entered the property illegally and that O'Hare intentionally inflicted emotional distress.

The suit seeks compensatory and punitive damages, as well as legal fees.

A senior assistant corporation counsel for the city, Nathalie Feola-Guerrieri, said, "The city is confident that the officers will be found to have acted justifiably under the circumstances."


TOPICS: Miscellaneous
KEYWORDS: assholecops; deadleoswalking; dog; donutwatch; hartford; saintbernard
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To: Altariel
"O'Hare was unable to elude the dog, the report states, which was "showing its teeth." He pointed his gun at it and yelled for it to get back, but the dog only hesitated momentarily before advancing again, it states. "

Cops without milk bones.

21 posted on 05/28/2012 6:15:11 PM PDT by Paladin2
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To: Paladin2
"yelled for it to get back,"

I'm not familiar with that dog command.

22 posted on 05/28/2012 6:19:45 PM PDT by Paladin2
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To: OldPossum
I think you're right. If the cop overreacts, as they tend to do, I bet the pet owner beats them in court.

Nope, the other cops would execute the homeowner.

As for the main story, it shows what a worthless piece of ___ the DA is for not charging the trigger happy Irish with child endangerment and injury to a child.

23 posted on 05/28/2012 6:20:28 PM PDT by PAR35
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To: Paladin2
A new coloring book published by the American Veterinary Medical Association teaches children how to behave around dogs.

Time for some more training for cops who wet their pants around friendly dogs, I think.

24 posted on 05/28/2012 6:20:58 PM PDT by mvpel (Michael Pelletier)
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To: Altariel
O'hare center, on another case. Pussy - afraid of a house pet. I hope Hartford has to pay out a whole lot of big bucks which will go in his file


25 posted on 05/28/2012 6:21:33 PM PDT by expat1000
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To: Altariel
The poor girl; I hope her parents will help her during her time of grief.

How?

26 posted on 05/28/2012 6:23:14 PM PDT by expat1000
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To: Altariel

It sounds like she doesn’t have parents that are around. Foster child perhaps?


27 posted on 05/28/2012 6:23:14 PM PDT by Harmless Teddy Bear (Migrating elephant herds react badly to flaming motor homes and dry ice doesn't repel killer bees)
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To: Paladin2

It’s only a matter of time before killing dogs won’t be enough.

People who *enjoy* cruelty to animals often also prey on human victims.


28 posted on 05/28/2012 6:23:33 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel
For the sake of a...

...and an ounce of courage.

29 posted on 05/28/2012 6:27:25 PM PDT by kanawa
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To: expat1000

Not Hartford.

The cop himself.

“You shot a law-abiding citizen’s dog; we will be sending the family one year of your salary.”

THAT would resonate quickly, and this nonsense would STOP.


30 posted on 05/28/2012 6:41:33 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

That kid will not only suffer grief. She has to deal with the fear and rage of terror. She’s a crime victim. For a lot of people, watching someone murder your dog in cold blood is like witnessing a member of the family being murdered. Poor kid.


31 posted on 05/28/2012 6:44:56 PM PDT by SaraJohnson
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To: kanawa

Indeed.

That cop would be toast when pitted against something really dangerous.

Such as, for instance, a bear.

:-)


32 posted on 05/28/2012 6:47:46 PM PDT by Altariel ("Curse your sudden but inevitable betrayal!")
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To: Altariel

Snarling Saint Bernard¿¿¿¿¿ LOL

What an idiot.

I had two of them things when I was a kid. The scariest two things they do are make piles of do~do large enough to build a castle and slime you with their big slobby tongue and lips.


33 posted on 05/28/2012 6:56:34 PM PDT by Vendome (Don't take life so seriously, you won't live athrough it anyway)
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To: Altariel

They received a tip from an informant¿¿

Since when does that justify Breaking & Entering and Trespassing without a warrant???


34 posted on 05/28/2012 7:04:22 PM PDT by Vendome (Don't take life so seriously, you won't live athrough it anyway)
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To: Altariel

They received a tip from an informant¿¿

Since when does that justify Breaking & Entering and Trespassing without a warrant???


35 posted on 05/28/2012 7:04:51 PM PDT by Vendome (Don't take life so seriously, you won't live athrough it anyway)
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To: Vendome

SBs can also bury you in a pile of sloughed dog hair.


36 posted on 05/28/2012 7:15:43 PM PDT by Paladin2
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To: Altariel

A tip from an informant so time sensitive that they couldn’t get at warrant ..... right. Two more FEMA camp guardians candidates.


37 posted on 05/28/2012 7:32:10 PM PDT by RetiredTexasVet (There's a pill for just about everything ... except stupid!)
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To: Vendome
"Since when does that justify Breaking & Entering and Trespassing without a warrant??? "

Some dogs just need killin'.

38 posted on 05/28/2012 7:44:03 PM PDT by Paladin2
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To: Paladin2

Dead dogs don’t have vet bills. This was a calculating cop, actually thinking he’d be found in the wrong and have to pay the vet bills himself.

I can’t believe the attorney for the city fought the suit or expects to win when there was no warrant. There are only a few situations when entering a property without a warrant is legal, and they all involve imminent danger or pursuit of a suspect. I don’t think following a tip about stashed weapons would qualify.


39 posted on 05/28/2012 7:46:27 PM PDT by Kellis91789 (The ultimate result of shielding men from the effects of folly is to fill the world with fools.)
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To: AnAmericanMother; Titan Magroyne; Badeye; SandRat; arbooz; potlatch; afraidfortherepublic; ...
WOOOF!

The Doggie Ping list is for FReepers who would like to be notified of threads relating to all things canid. If you would like to join the Doggie Ping Pack (or be unleashed from it), FReemail me.

40 posted on 05/28/2012 7:53:08 PM PDT by Joe 6-pack (Que me amat, amet et canem meum)
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