Police kill dog while stopping at wrong house on alarm call

Milwaukee Sentinel Journal ^ | April 30, 2004 | REID J. EPSTEIN

[decimon]

Muskego - Police officers responding to a burglar alarm at the wrong house shot and killed a 100-pound family dog that bounded toward them, the dog's owner said Friday. Muskego

At his mother's home Tuesday afternoon, Jacob Davida was working on his computer when he heard a knock at the front door.

With Bongo, the family's Mastiff, St. Bernard and German shepherd mix at his side, Davida opened the door to find police officers with guns drawn.

As usual, Bongo, 9, was without a leash because he didn't run off and never harmed anyone, Davida said. Bongo, with golden fur and a block-shaped head, was best friend to Davida and his four siblings. But on this day, the dog's inquisitive nature marked his downfall.

"My dog ran up from behind me toward the cop because he's a curious dog," said Davida, 24, of Madison. "I was screaming at the top of my lungs for them to stop shooting, for them to stop."

But his screams went for naught. The dog's days of walks in the park and canoe trips ended with a shot through his neck, Davida said.

"The cop just started shooting," he said. "The first bullet hit the ground close to me. The second shot hit the driveway. Then he shot and killed my dog right in front of me."

After shooting Bongo, Davida said, police officers told him that they were at his house to investigate a burglar alarm. The house, west of Big Muskego Lake, has no such alarm.

"They put that over the radio, and it came back that they had the wrong address," Davida said. "It turned out they were at the wrong place. Most of the cops left at that point to check out the actual burglary."

Muskego police Sgt. David Constantineau confirmed Friday that officers shot a dog Tuesday afternoon but said he would not release any details.

"It's under investigation," he said.

Davida finally went back to his computer programming job in Madison on Friday, but said the horror of watching his dog's death left him stricken.

"Retelling the story, I kind of shake," Davida said. "I had to break the news to each of my family members. I can't get the scene out of my head. It just plays over and over."

Bongo is to be buried on a farm in Fall River in Columbia County owned by Davida's sister and her husband.

As it turned out, the alarm came from the next-door neighbor's house. The neighbor, Robert Anderson, said nothing was taken, but the back and garage doors were left open.

To make matters worse, Davida watched the would-be burglar escape but, terrified after seeing his dog shot, didn't say anything to police.

"I saw the guy leave while the cops were interrogating me," he said. "I just assumed it was another police officer."

[freeeee]

But if you're a cop and a dog comes runnning at you from inside the house, are you legally obligated to wait until the dog bites you before you defend yourself?

If you're minding your own business and and a K-9 comes running at you, are you legally obligated to wait until the dog bites you before you defend yourself?

The answers to these questions will be very telling in determining who answers to who, and what kind of country we live in.

And that's not very encouraging.

[decimon]

Yes. But if you're a cop and a dog comes runnning at you from inside the house, are you legally obligated to wait until the dog bites you before you defend yourself? I mean, I feel terribly for the owner, but I can't really fault the cops for not taking the chance.

Does that hold as well for the letter carrier, meter reader, UPSer and paper boy?

[azhenfud]

"OK. Time for a change in policye."

[ironman]

I don't think it is clear from the article whether the cop went to the wrong address or was directed to the wrong place. Either way bad bad result.

[EdReform]

I checked in on a gun related site and it seemed that all the LEOs(law enforcement officers) stated that they would shoot the dog without question.

Got a link?

[ought-six]

"Mr. Davida soon to be quite wealthy."

Unfortunately, no. If he gets anything, it will just be the monetary value of the dog (i.e., what he paid for it, or what it would go for on the open market).

[ought-six]

"Lately what I have seen, most metro cops are a bunch of girly men. Thanks to affirmative action and the lowering of test scores for admission."

You know, there is a lot of truth in that. There are cops out there who have NO business being on the force, and certainly should not be allowed to carry a firearm with virtual impunity (hell, some of these "peace officers" should not be allowed to carry ANY type of weapon). I have noted that the standards for police officers have fallen greatly, and there are some I wouldn't let water my plants or mow my lawn.

[Iris7]

I do not like this situation either, folks, but the reality is that the police officer is utterly in the clear on this one. If you believe your life is in danger self defense is allowed, and a dog has no civil rights whatever. Proportionality is not an issue. Nothing illegal has occurred.

It is possible a civil claim for mental anguish might work, need a lawyer for that. Five or ten thousand dollars would get things started. No, I am not a lawyer, this is not legal advice.

I have an old cop buddy, and his small town force had to shoot dogs fairly often in front of their owners. The dogs will pick up their people's feelings, and become much more dangerous than their owner's realize. For what it is worth, my old cop buddy always felt bad about it. He was bitten by family dogs every few years, by the way, without fighting back. Once a dog bit into his thigh and would not let go. The owner got the dog off before my friend was forced to act, and was profusely apologetic.

This sort of thing happens every day.

[ironman]

If there's a leash law in your county then that should help settle the question for you. Dogs are dogs, you can not be certain 100% what they will do in every situation.

[ruoflaw]

I disagree...the police were at fault or negligent and they aren't as immune as they would have you think. If they have caused pain and suffering (including emotional suffering, they can be sued.

[azhenfud]

"If you're minding your own business and and a K-9 comes running at you, are you legally obligated to wait until the dog bites you before you defend yourself?"

Normally, "I feared for my life" will exhonorate anyone.

[ought-six]

Unfortunately, most cops these days are irresponsible, hot-headed punks with an attitude. They weren't always like this. They used to be respected, and were a welcom esight in the community because they respected the law-abiding citizens. Not any more. They are becoming more and more like JBTs, if you ask me.

[Iris7]

Wasn't thinking about that. Hmm.

[freeeee]

the reality is that the police officer is utterly in the clear on this one. If you believe your life is in danger self defense is allowed, and a dog has no civil rights whatever. Proportionality is not an issue. Nothing illegal has occurred.

Well, there you have it folks. So if you have a dog, from now on:

1. Don't call the police when the neighbor's house (or even your own) is being robbed... or for any other reason.

2. If they knock, don't answer the door. In fact you may want to push your couch in front of the door and tell them to call you on the phone if they wish to speak with you.

Unintended consequences...

[Freedom2specul8]

My daughter was home alone one time....and the garage door opened by itself. She let our rottweiler inside...and searched the house. She found a door open, and it appeared that someone was inside and left through the garage. During this, she dialed 911 who told her to leave the house and wait for the cops. She was so frightened, she forgot to tell the younger cop that the rottie was still inside the house. She said the next thing she knew was the cop was running for his life out the front door. I have to thank God he didn't get bit, and the dog didn't get shot. WHEW.. I can only imagine the look on the cop's face. I have to think IGNORANCE wrt:the above story though. Like someone else said..what kind of burglar answers the door with a big dog. I just don't understand people sometimes.

[freeeee]

Normally, "I feared for my life" will exhonorate anyone.

That's kind of funny - we're talking about K-9's here. Even if it were gnawing your arm off, anything more than harsh language would get you shot and/or several felonies.

Normally, "I feared for my life" will exhonorate anyone police. - editied for accuracy.

[StoneColdGOP]

This is so sad. And infuriating.

I am glad that this didn't happen to me, because I'd be in jail for beating the living s*** out of this dumbass cop.

I hope the owner sues the cop, the police department, the city and anyone else he can into the ground for this.

[Rebelbase]

These cops must have been from Tennessee.

[azhenfud]

You have a point - I was thinking "normally" and "minding my own business" associated with the same incident. Oh well.

[clamper1797]

I don't trust police around my dogs any more than I trust alligators with them

Sad as it is ... "I don't trust police" is as far as the sentence needs to go for me. There was a day when I did trust them ... unhappily that day is gone.