Owner to pursue police in shooting of two dogs

The Oregonian ^ | 10/03/02 | JOSEPH ROSE

[FroedrickVonFreepenstein]

The owner of two pit bulls shot by Portland and Gresham police in his back yard Tuesday night plans to file complaints against the officers.

Jeryl De Paolis said Wednesday that the officers, who were searching for a fugitive who fled a nearby house, didn't notify him before returning to conduct a second search of his yard.

Also, De Paolis said, one officer pressed a handgun to his chest after firing several shots at his dogs.

One dog, a pregnant 5-year- old, died. A bullet is lodged in the jaw of the second, a 3- year-old awaiting surgery at an animal hospital.

Portland police called the shooting "a big misunderstanding."

Portland Officer Justin Clary pointed his gun at De Paolis after the dog owner charged him, according to a police report.

Shortly before 5:30 p.m. Tuesday, Portland police attempted to arrest John Christopher Baker, 29, at a house in the 7000 block of Southeast Nehalem Street. Baker, who is sought on a warrant for a parole violation, fled through a window or dog door in the back of the house, police said.

Clary was about two blocks away when he saw Baker run into De Paolis' back yard in the 7000 block of Southeast Lexington Street, said Sgt. Brian Schmautz, a Portland police spokesman.

De Paolis said Clary asked permission before looking over a fence into the yard. His three pit bulls were in the house when the officer looked around, he said. Nothing turned up, and the officer left. "I figured that was that," De Paolis said.

De Paolis said he then took the dogs outside as he conducted his own search of the yard and garage. When Clary returned with Gresham K-9 Officer Don Gibson and a police dog for an another search, the pit bulls charged the officers and the dog, Schmautz said.

The officers fired at least four rounds into two of the pit bulls, according to the police report. De Paolis said he approached the officers and shouted at them but didn't act aggressively. He said he motioned for the officers to stop shooting. "I yelled, 'Back off!' and (Clary) put his gun in my chest and said, 'You back off,' " De Paolis said. "Obviously, he was all pumped up on adrenaline."

Schmautz said the Police Bureau automatically reviews incidents in which weapons are discharged, but there is no indication that the officers acted inappropriately. He said police found a methamphetamine lab in the house where officers attempted to arrest Baker.

Joseph Rose: 503-221-8029; josephrose@news.oregonian.com

[Jack Black]

Police seem to kill dogs fairly often. A year ago an off duty cop near Portland shot a dog off leash while jogging. Of course if you kill a police dog I think it's the same as killing a cop, which is absurd.

[LibKill]

"I yelled, 'Back off!' and (Clary) put his gun in my chest and said, 'You back off,' "

At the very least Clary should lose his job and serve as much prison time as any 'civillian' who committed the same assault with a deadly weapon.

[Cicero]

Assault with a deadly weapon on this man's property, presumably without a search warrant.

[DWSUWF]

"...At the very least Clary should lose his job and serve as much prison time as any 'civillian' who committed the same assault with a deadly weapon..."

If he did what is reported here, the cop should serve an enhanced sentence.

This cop was the recipient, at the taxpayer's expense, of training intended to enable him to understand the law and to handle stress. He sought out an occupation where great discretion and forbearance are called for.

And he apparently couldn't cut the mustard.

Upon conviction a cop guilty of a crime such as this should be required to serve a sentence that is -at a minimum- 150% of what a 'civilian' would do for the same offense.

And not in some cushy 'secure area' of the prison either...

General population, with people who will learn that they were cops.

[marktwain]

They were tresspassing in this guys yard, shoot his animals and destroy his property without any legal reason I can see, and they did nothing wrong!! The police are supposed to be our servants, not our masters. I'd like to hear both sides. How does the officer defend his actions?

[DWSUWF]

"...I'd like to hear both sides. How does the officer defend his actions?..."

With regard to the 'other side of the story', the burden is on him to provide that alternative viewpoint. My guess is that his attorney has told him to shut up and stand in the corner.

And since when do these thugs deign to defend their actions?

[riverrunner]

I have found that over the years that dogs shot wrongly become the most expensive pets ever owned.

[backhoe]

From my old "petkillers" file:

Oregon man captures robber -- cops shoot his dog as a reward

AGR Online/ Letters
... Asheville police kill dog, no longer welcome. Editor, Asheville Global Report,.
On Friday, May 26, about 9:45 pm, during a truly amazing display of police power ...

BSL - United Kingdom - Media Articles and the DDA
... terrier as appeal is shelved - The Telegraph 28 June 1996 - Police kill dog with
a garden fork - The Telegraph 18 July 1996 - How pawprints can uncover the ...

Untitled
... May, 09 2001, Owner of dog killed by police ponders action. May, 08 2001, Centreville
officer shoots puppy; 1-year-old Lab ran up to 2 officers talking to owner. ...

[Rebelbase]

He is wasting his time. There will be an investigation and the officers will be cleared. Thats the way LEO's operate in this country.

[BOBWADE]

The officers had permission to search the yard, They returned with a police dog and were charged by three pit bulls. Looks justified to me.

[DugwayDuke]

If they could take the time to ask the first time, they could have taken the time to ask the second. The first search was over and consent was not given to an unlimited number of searches. OTOH, the dog owner should have informed the officers of the dogs regardless of the fact they were in the house. But that does not relieve the officers of notifying the property owner of another search.