City
denies family’s claim for vet bills after police shoot dog
Midlothian Police Chief Apologizes for Threatening to Kill Police Dog
Tuckerton officer faces additional charges in dog attack
Portland to pay $47,500 to settle battery lawsuit filed by man bit by police dog
City
denies family’s claim for vet bills after police shoot dog
A Kalihi family whose dog was
shot by a Honolulu police officer has been denied a claim asking the city to
pay the dog’s vet bills.
Three officers were at the
Butac family home responding to a call when their dog, Bruce, lunged at an
officer, who then fired a shot at the dog’s chest.
The family was not allowed to
take Bruce to the vet for an hour because officers said they had to finish the
investigation. The family filed a claim with the city to pay the vet bills of
$1600. But the city denied it saying HPD did nothing improper.
“Why did they make us wait for
so long in order to get immediate medical attention I mean that in itself to me
is improper if anything to me it’s inhumane.,” said dog owner Kristen Butac.
“It seemed a little drastic
firing a gun?” KHON2 asked.
“Yeah it did seem a little
drastic to me,” Butac said.
The family says the officer
could have used a baton or a Taser to keep the dog from attacking.
Midlothian
Police Chief Apologizes for Threatening to Kill Police Dog
Police Chief Harold Kaufman was
recorded saying he might have to shoot and kill the dog, Biko, after the former
K-9 officer quit his job
A suburban Chicago police chief
has apologized for making a comment about shooting and killing the department's
police dog, Biko.
Harold Kaufman, the Midlothian
police chief, was recorded talking to an Oak Forest police dispatcher and
saying, "Our K-9 officer just came in and quit on me, so now I'm going to
be stuck with either going and shooting the dog and killing it or finding
somewhere to put it."
Kaufman said that because Biko
is an active police dog, he must be placed with a proper handler and cannot
simply be taken in as a pet.
After the recording went
public, Kaufman apologized at the Midlothian village board meeting Wednesday
night. Kaufman's apology was recorded by a Midlothian resident, who posted the
video to YouTube. Midlothian Clerk Michael Kohlstedt confirmed that the video
shows Wednesday's meeting.
"My statement about
shooting Biko was admittedly inappropriate and unprofessional," Kaufman
said at the meeting. "I assure you that at no time did I actually intend
to shoot Biko or harm him in any way."
Kaufman said that he would not
make an excuse for his statement about Biko, who is a Belgian Malinois,
according to the Orland Park Patch.
"As the head of the police
depratment I recognize that I need to accept responsibility for my actions and
move forward accordingly," Kaufman said.
Jon Ryczek, the K-9 officer who
left his job with the department, said he did not believe Kaufman's apology was
sincere.
"It was forced, he didn't
even stand up, look anyone in the eye and address them," Ryczek said in an
email. "... It's a shame for the residents who have to deal with
that."
Biko has since been placed with
a new handler in the Midlothian police department who is training with the dog,
Kaufman said.
Tuckerton
officer faces additional charges in dog attack
Steph Solis,
Tuckerton Borough, K-9 officer Justin Cherry
is accused of letting police dog, “Gunner”, loose on a a Barnegat woman.
A Tuckerton police officer was indicted Tuesday on charges that he
let his K-9 dog "Gunner" attack a 58-year-old Barnegat woman and then
falsified the arrest record to cover his action.
The grand jury charged Justin
M. Cherry, 32, with false swearing, tampering with
public records and hindering his own apprehension, in addition to second-degree
official misconduct and third-degree aggravated assault charges in the attack
on Wendy Tucker on Jan. 29, according to a statement from the Ocean County
Prosecutor's Office.
Cherry, a nine-year veteran at
the time of the incident, earned a salary of $77,120 in 2013, according to
pension records. He is currently suspended from the force without pay.
The indictment charges that he
released his German Shepherd, named Gunner, and allowed the canine to attack Tucker after she
had already been apprehended by two Barnegat officers. According to the
indictment, Cherry then falsified records and swore out an affidavit for
Tucker's arrest containing false information.
Cherry was initially arrested on
charges of official misconduct and aggravated assault April 9. He was released
after posting $15,000 bail.
On the day of the incident,
Cherry and another Tuckerton officer were called to a private home on the
allegation that Tucker was an unwelcome guest at that home. Tucker agreed to
leave the residence, but police later discovered that she was driving a car
even though she was on the suspended drivers list.
Tuckerton police asked Tucker
to take the bus home from the residents and she agreed.
Several minutes later, though,
police said they saw her driving a vehicle. Cherry tried to get her to stop,
but she refused. She was later stopped by Barnegat police officers, who were
alerted of the pursuit, according to authorities.
That's when the indictment
charges that Cherry arrived and sicced Gunner on the woman.
The dog attack case was
involved in a lawsuit filed by open government activists against the Ocean
County Prosecutor's Office.
Judge Vincent J.
Grasso ruled that law-enforcement must make police dash-cam videos available to
citizens if requested under the Open Public Records Act.
Ocean County Prosecutor Joseph
D. Coronato vowed to appeal the ruling by Superior Court Judge Vincent J.
Grasso.
Tucker was initially charged
with driving with a suspended license and third degree eluding. The eluding
charge has been dismissed. Tucker could not be reached for comment.
If convicted, Cherry faces five
to 10 years in prison for the second-degree misconduct and hindering
apprehension charges. The third-degree aggravated assault and tampering with
public records charges carry a weight of three to five years imprisonment. The
fourth-degree swearing charge could lead to 18 months incarceration. Cherry's
lawyer declined to comment on the indictment.
Portland
to pay $47,500 to settle battery lawsuit filed by man bit by police dog
By Maxine Bernstein
The city of Portland has
offered to pay $47,500 to settle a false arrest and battery lawsuit filed by a
man who suffered bite wounds from a police dog in 2012.
Portland police had released
the dog to stop James Lamar Waters, 52, on April 10, 2012, as they raided his
home on Northeast 15th Avenue with a search warrant.
Waters and his lawyer Greg
Kafoury accused the police of false arrest and malicious prosecution.
Waters was confronted in the
front yard of his home by several police officers who set up a stun grenade
near him, "attacked'' him with a police dog and handcuffed and charged him
with disorderly conduct, the lawsuit contends.
The criminal charge against
Waters was dismissed in court.
The City Council is scheduled
to vote on the settlement at its meeting Wednesday.
"After a mandatory
mediation session, the parties agreed to settle the case without an admission
of fault for $47,500, subject to Council Approval,'' according to city records.
The settlement was reached just
months after outside consultants urged the Portland police to tighten its
policy on use of police dogs and restrict their use to the capture of suspects
wanted for felonies.
The Police Bureau rejected the
consultants' recommendation, but Assistant Chief Donna Henderson said the
bureau would consider not allowing the dogs to go after suspects accused of
violations.
According to Waters' suit, he
suffered puncture wounds to his right leg, swelling, pain in his shoulder, knee
and lower leg, scarring, muscle tension, vision problems and suffered
post-traumatic stress disorder and depression.
After mediation, city attorneys
agreed to settle the suit and pay Waters for past and future medical expenses,
non-economic damages and attorney's fees, according to city records.
One officer deployed a
"flash/sound diversionary device'' while other officers rushed out of
their vehicles as they raided Waters' home, according to the city. Police
suspected Waters had a gun.
When Waters ran away and failed
to stop, one officer released a police dog. The dog restrained Waters by biting
and holding onto his lower right leg, according to the city.
Waters was taken into custody
and treated at Portland Adventist Hospital for his wounds, according to the
city's response to the suit. He did not have a firearm.
Senior Deputy City Attorney
William Manlove argued in court papers that officers were authorized to use
physical force to stop, detain or arrest Waters and to ensure their own
physical safety during a high-risk search warrant.
The settlement averts a trial,
which was set to start this month.
"In order to avoid the
risk of an adverse jury award, we feel it is prudent to compromise the lawsuit
at this time,'' the city ordinance says.
The city noted in its material
presented to commissioners that the primary impact of the settlement "will
be on Mr. Waters, who is a low-income
