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Dover Police investigate dog shooting incident
Dover Post ^ | 03/22/06 | By Jeff Brown

Posted on 03/25/2006 1:56:02 PM PST by MRMEAN

A spokesman for the Dover Police Department said the agency is conducting an internal investigation into the March 9 police shooting of a dog in the Morris Estates neighborhood.

The dog’s owners and neighbors, however, are incensed at the shooting, saying an innocent animal was killed and that officers disregarded the safety of people in the community.

Capt. Lester Boney said Dover animal control officer Mark Moore called police after two dogs, a rottweiler and an akita, had acted aggressively toward him. Two uniformed officers, Patrolman 1st Class Michael Konnick and Patrolman Peter Martinek, arrived on the scene on Evergreen Drive in Dover shortly afterward. When the dogs also acted aggressively against the officers, Boney said, Konnick fired one shot, killing the rottweiler. Martinek fired two shots at the akita, both of which missed, Boney said.

The dogs, which were unlicensed, belonged to Evergreen Drive residents Camilla Mitchell and Tonya Smith.

One of Martinek’s rounds hit a Chevrolet Tahoe belonging to Mitchell and Smith’s neighbor, Lorri Martin, shattering its window and eventually coming to rest on a window sill in her home. Police were unable to recover the second round, Boney said.

Mitchell and Smith told the Dover Post Tuesday morning they felt the police action was unjustified as both dogs were considered friendly and lovable enough that small children were allowed to play with them. In addition, the 12-year-old Akita has a congenital hip problem and arthritis that makes it impossible for him to walk except by dragging his hind quarters along the ground, they said.

At least two witnesses to the shooting told them neither dog was acting aggressively, either toward Moore or to the two officers, Mitchell said. In addition, neither dog had ever before escaped its pen, Smith said, adding neither she nor Mitchell knew how they had gotten loose last week.

Martin, who owns two rottweilers, said she was shocked not only by the shooting but by the possibility that a stray police bullet could have harmed her or a member of her family.

In addition to investigating the circumstances of the shooting, Boney said, the department would look closely at Martinek’s response to the situation.

“Our chief concern is going to be training issues with Martinek,” Boney said, although the investigation will focus on all three individuals, he said. Martinek has been employed with the force since September and has been in training since January, while Konnick is an eight-year veteran, he said. Both officers remain on duty, Boney added.

Delaware law allows a law enforcement officer to kill any dog found running loose if the officer feels the animal is a threat to the public. The law exempts officers from criminal or civil penalties for killing dogs under those circumstances.

Boney said animal control officers and Dover Police have shot aggressive dogs in the past, although he would need to research police files to find out how many times this situation has occurred.

“It’s unfortunate this dog was put down,” Boney said. “It’s not something we do on a daily basis.

“But the owners of animals need to ensure the public safety and ensure they are kept on a chain or inside a fenced area where they cannot escape.”

Mitchell said she feels police reacted too quickly to a situation that actually presented no danger to the public.

“If a dog is acting aggressively and is shot, that’s one thing,” she said. “But if they’re not, [police] shouldn’t do anything. They don’t have a right to just start shooting.”

Boney said both Mitchell and Smith were cited for two counts each of keeping a vicious animal, having a dog at large and having an unlicensed animal.

Mitchell said she accepts responsibility for not licensing the dogs, but is considering a court fight against the other charges. At the moment she also has no plans to sue the city, she said.

“I would like an apology for what they have done, that they were wrong in shooting my dog,” Mitchell said. “I’ll take the responsibility for not having the license, but they need to accept the responsibility for what they did.”


TOPICS: Crime/Corruption; US: Delaware
KEYWORDS: bang; dog; dogshot

1 posted on 03/25/2006 1:56:04 PM PST by MRMEAN
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To: MRMEAN
"They don’t have a right to just start shooting.”

Sure they do, just ask them.

2 posted on 03/25/2006 1:59:08 PM PST by CrawDaddyCA (There is no such thing as a fair fight. Thou shall win at all costs!!)
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To: MRMEAN

No cop is going to fire his weapon without a good enough reason. Too much paperwork is involved.


3 posted on 03/25/2006 2:03:36 PM PST by Triggerhippie (Plus ça change, plus c'est la même chose.)
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To: Triggerhippie
No cop is going to fire his weapon without a good enough reason. Too much paperwork is involved.

I have met at least two police officers who love extra paperwork, at the end of the shift, when time and a half is involved.

4 posted on 03/25/2006 2:07:29 PM PST by magslinger (Pray for your enemies, It's like taking a B52 to a gun fight.)
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To: MRMEAN

Why was the cop in the neighborhood anyway?
Why did he antagonise the dogs?
Were the dogs in their own yard?
Did someone call to complain about the dogs?
Why didn't they call animal control?
If the dogs were in the owners' yard, then why did the cops 'stop'(?) to shoot?
This story smells funny.


5 posted on 03/25/2006 2:09:18 PM PST by Mrs. Shawnlaw (No NAIS! And the USDA can bugger off, too!)
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To: Mrs. Shawnlaw
Why was the cop in the neighborhood anyway?

Because cops patrol.

Why did he antagonise the dogs?

They probably did the same thing the other guy did. Walk down the street.

Were the dogs in their own yard?

The owners were charged with having unlicensed dogs at large. The dogs were apparently out of the yard.

Did someone call to complain about the dogs?

Yes, are you sure you read the story?

Why didn't they call animal control?

The Animal Control Officer called the police after the dogs acted aggressively to him. Animal Control was probably called out by another citizen. (Animal Control doesn't usually have the resources for patrols.)

If the dogs were in the owners' yard, then why did the cops 'stop'(?) to shoot?

They weren't. They had been called by Animal Control to dispose of the aggressive dogs.

This story smells funny.

I bet it did. Re-read it.

6 posted on 03/25/2006 2:26:15 PM PST by Triggerhippie (Plus ça change, plus c'est la même chose.)
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