Posted on 05/28/2010 1:42:30 PM PDT by NoLibZone
An independent investigation has determined a Cabarrus County sheriff's deputy was within the law when he shot and killed a pit bull in a Concord neighborhood last month. The incident sparked public outrage. The dog's owners are threatening a lawsuit.
The Cabarrus County Sheriff has already looked into the shooting incident and determined his deputy acted legally when he shot a pit bull known as "Bella."
But county commissioners were flooded with so many angry emails they ordered their own attorney, Rich Koch, to do an investigation. He says if an officer thinks a dog is dangerous, he can shoot.
"There certainly in this case is uncontradicted evidence that the two dogs Bella and Jaxson were aggressive in their behavior," says Koch.
While their owners were away, the dogs escaped through a hole in the fence and cornered an elderly woman and a young child in her backyard. She called for help. Sheriff's Deputy Sean Austin, who's assigned to Animal Control, was unable to catch one of the dogs and ultimately shot her.
Attorney Rich Koch says that was legal under both the state's animal cruelty laws and Cabarrus County ordinances. However, Koch does recommend the county commission revise the ordinance to give more specific guidance on how officers should deal with an animal on the loose before resorting to deadly force.
Bella's owner Jeff Daniels with his fiance Jessica Juba.Bella's owner Jeff Daniels is preparing to file a lawsuit against the county.
"It's very clear our civil rights were violated and this was a criminal act," says Daniels. "And it's not gonna stop here today. There's also questions that have not been answered."
For example, why didn't Deputy Austin use a tranquilizer gun instead? The Cabarrus County Sheriff says Austin is new to the animal control force and has not been trained to use a tranquilizer. He could have called another deputy who had been trained, but it was after hours and Austin thought he could handle the situation.
Bella's owner also wants to know why Animal Control destroyed her body before notifying him. Sheriff Brad Riley says he doesn't know why that happened.
I says if I think an officer is dangerous, I can shoot.
poor doggy.
Its the owners fault, not the pittbulls fault.
They should have shot the owner.
A hugely disproportionate amount of animal abusers are attracted to pitbulls.
Cesar Millan, “the dog whisperer”of TV fame, would literally have had “Bella” eating out of his hand in two minutes. Human beings need training as much as the dogs.
Yes you can.
I think it was a souped up chihuahua.
If that cop had shot my dog, he would have had bullets coming back AT him!!
Tranqulize the dog, shoot the owners
The claim that they were dog trainers is not relevant. There is no recognized standard or certification for that. They showed their irresponsibility by not having a secure facility for them regardless of breed.
I have had to kill/injure dogs over the years that were running free and agressive. Upsets the owners, but its better than injured people.
If he is a "trainer" , were they then trained to corner people and hunt people?
I woulda sicced my tom cat on that dog.
Our county just passed an ordinance that any dog not on its own property can be shot by a LEO. I have no pity for any animal or its owner when it is aggressive towards people when off its property. People are much more valuable than animals.
“Oh well, its the owners fault not the vicious dogs fault....some people are just bleeding heart liberals that would change their minds fast if it was their mother or child...Idiots..”
I am being sarcastic.
Pit bull owners will show to say it the owners fault.
If that can be proven to be true, then shooting the owner and the dog , is a solid defense.
If the owners were away, why were the dogs kept outside?
Sorry, missed the sarcasm, the pit posts get all kinds of people that think its always someone else’s fault, never the nasty dog...the dog is always the victim to them even if the true victim is dead or maimed beyond belief...it gets pathetic...
Pit bull owners are criminals.
That’s why they call them ‘bleeding heart Leftists.’ Where ever they go they leave a trail of death and destruction 10 miles wide.
“If that cop had shot my dog, he would have had bullets coming back AT him!!”
I happen to think the death penalty is appropriate for cop killers. Not that you were endorsing that sort of thing, surely.
My dogs are never anywhere that someone who isn't invited should ever be, so if some trigger happy yahoo starts shooting at my dogs, he will be on the receiving end of some rifle fire of mine.
Badge or no badge.
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