Anti Federalist
05-28-2012, 06:56 PM
An older case, just now going to trial.
Be interesting to see if any justice is done here.
Trial To Begin Monday In Lawsuit Over Dog Fatally Shot By Hartford Police
May 17, 2012|By CHRISTINE DEMPSEY, cdempsey@courant.com, The Hartford Courant
http://articles.courant.com/2012-05-17/news/hc-hartford-dog-shoot-0518-20120517_1_family-dog-front-yard-bark-and-snarl
HARTFORD — —
Two city police officers are being sued on a claim that they shot a family dog in front of its 12-year-old owner after entering the backyard of her Enfield Street residence without a warrant.
Police claimed that a snarling St. Bernard charged at them when they went into the yard to investigate a report that guns were stashed in a vehicle there.
A jury trial is scheduled to begin Monday before Judge Robert N. Chatigny in U.S. District Court in Hartford.
Glen Harris, who is listed as the minor's guardian, filed the federal lawsuit in 2008 against the city of Hartford and two officers who were at the 2006 shooting scene, Officers John O'Hare and Anthony Pia. Pia is now a detective. Harris' lawyer, Jon L. Schoenhorn, declined to comment, citing the upcoming trial.
Calls to O'Hare, Pia and other police staff were not returned. The lawyer representing the officers, Thomas R. Gerarde, also could not be reached.
According to court documents, the Harris family had two St. Bernards that were "good-tempered and obedient" and "never bit anyone."
The 12-year-old, a girl identified only as "K.H." in court documents, had developed a special relationship with one of the dogs, named Seven.
"She felt she could talk to him and that he would listen, understand, and comfort her in a way that no one else could," a court memorandum states.
On Dec. 20, 2006, according to the memorandum, O'Hare and Pia walked into the Harris' backyard at 297 Enfield St. without a warrant. As they rounded the back corner of the house, they saw a St. Bernard, Seven, begin to move toward them. They turned and ran back the way they came, along the north side of the house, toward the front yard, the document states.
The girl ran around the other side of the house "in an effort to head off Seven's path through the front yard," it states. The girl heard two shots before she got to the front yard.
When she arrived, she saw O'Hare standing over Seven, who had fallen to the ground. The dog was breathing heavily and his tail was wagging weakly, the document states. She screamed, "Don't shoot my dog."
According to the document, "O'Hare looked at K.H., then back to the dog, and shot the dog in the head." The girl ran to the dog, screaming and crying, after which O'Hare told her, "Sorry, miss, but your dog isn't going to make it," it states.
The third bullet caused the dog's death, the memorandum states. The document states that the girl had suicidal thoughts after the shooting and was hospitalized.
The suit accuses the officers of conducting an "illegal search," calling their presence a "warrantless invasion." With the exception of the driveway, the entire property is enclosed by fences or gates, and there were three "Beware of Dog" signs posted on the property, it states.
But according to a nine-page incident report filed by police, O'Hare and Pia had received a tip from a reliable source that two handguns were stashed in an abandoned vehicle in the backyard of 297 Enfield St. They went into the yard about 3:20 p.m., and a large, full-grown St. Bernard "immediately began to bark and snarl," the report states.
Both officers ran toward the front of the house with the dog in pursuit. Pia was able to get to a sidewalk on the other side of a fence, but O'Hare ended up in the front yard "with the dog running directly at him," it states.
O'Hare was unable to elude the dog, the report states, which was "showing its teeth." He pointed his gun at it and yelled for it to get back, but the dog only hesitated momentarily before advancing again, it states.
The dog lunged at O'Hare, who fired three times, hitting it in the head and chest from 3 feet away, the report states.
Pia said the dog was trying to bite O'Hare's legs as he was running.
The report says nothing about a pause between the second and third shots or the girl witnessing the shooting — a point the defendants are expected to contest in court.
The suit claims that O'Hare's actions were "so extreme, callous and outrageous that they fell outside the scope of acceptable police behavior," in violation of the due-process clause of the Constitution.
It also claims that they entered the property illegally and that O'Hare intentionally inflicted emotional distress.
The suit seeks compensatory and punitive damages, as well as legal fees.
A senior assistant corporation counsel for the city, Nathalie Feola-Guerrieri, said, "The city is confident that the officers will be found to have acted justifiably under the circumstances."
Be interesting to see if any justice is done here.
Trial To Begin Monday In Lawsuit Over Dog Fatally Shot By Hartford Police
May 17, 2012|By CHRISTINE DEMPSEY, cdempsey@courant.com, The Hartford Courant
http://articles.courant.com/2012-05-17/news/hc-hartford-dog-shoot-0518-20120517_1_family-dog-front-yard-bark-and-snarl
HARTFORD — —
Two city police officers are being sued on a claim that they shot a family dog in front of its 12-year-old owner after entering the backyard of her Enfield Street residence without a warrant.
Police claimed that a snarling St. Bernard charged at them when they went into the yard to investigate a report that guns were stashed in a vehicle there.
A jury trial is scheduled to begin Monday before Judge Robert N. Chatigny in U.S. District Court in Hartford.
Glen Harris, who is listed as the minor's guardian, filed the federal lawsuit in 2008 against the city of Hartford and two officers who were at the 2006 shooting scene, Officers John O'Hare and Anthony Pia. Pia is now a detective. Harris' lawyer, Jon L. Schoenhorn, declined to comment, citing the upcoming trial.
Calls to O'Hare, Pia and other police staff were not returned. The lawyer representing the officers, Thomas R. Gerarde, also could not be reached.
According to court documents, the Harris family had two St. Bernards that were "good-tempered and obedient" and "never bit anyone."
The 12-year-old, a girl identified only as "K.H." in court documents, had developed a special relationship with one of the dogs, named Seven.
"She felt she could talk to him and that he would listen, understand, and comfort her in a way that no one else could," a court memorandum states.
On Dec. 20, 2006, according to the memorandum, O'Hare and Pia walked into the Harris' backyard at 297 Enfield St. without a warrant. As they rounded the back corner of the house, they saw a St. Bernard, Seven, begin to move toward them. They turned and ran back the way they came, along the north side of the house, toward the front yard, the document states.
The girl ran around the other side of the house "in an effort to head off Seven's path through the front yard," it states. The girl heard two shots before she got to the front yard.
When she arrived, she saw O'Hare standing over Seven, who had fallen to the ground. The dog was breathing heavily and his tail was wagging weakly, the document states. She screamed, "Don't shoot my dog."
According to the document, "O'Hare looked at K.H., then back to the dog, and shot the dog in the head." The girl ran to the dog, screaming and crying, after which O'Hare told her, "Sorry, miss, but your dog isn't going to make it," it states.
The third bullet caused the dog's death, the memorandum states. The document states that the girl had suicidal thoughts after the shooting and was hospitalized.
The suit accuses the officers of conducting an "illegal search," calling their presence a "warrantless invasion." With the exception of the driveway, the entire property is enclosed by fences or gates, and there were three "Beware of Dog" signs posted on the property, it states.
But according to a nine-page incident report filed by police, O'Hare and Pia had received a tip from a reliable source that two handguns were stashed in an abandoned vehicle in the backyard of 297 Enfield St. They went into the yard about 3:20 p.m., and a large, full-grown St. Bernard "immediately began to bark and snarl," the report states.
Both officers ran toward the front of the house with the dog in pursuit. Pia was able to get to a sidewalk on the other side of a fence, but O'Hare ended up in the front yard "with the dog running directly at him," it states.
O'Hare was unable to elude the dog, the report states, which was "showing its teeth." He pointed his gun at it and yelled for it to get back, but the dog only hesitated momentarily before advancing again, it states.
The dog lunged at O'Hare, who fired three times, hitting it in the head and chest from 3 feet away, the report states.
Pia said the dog was trying to bite O'Hare's legs as he was running.
The report says nothing about a pause between the second and third shots or the girl witnessing the shooting — a point the defendants are expected to contest in court.
The suit claims that O'Hare's actions were "so extreme, callous and outrageous that they fell outside the scope of acceptable police behavior," in violation of the due-process clause of the Constitution.
It also claims that they entered the property illegally and that O'Hare intentionally inflicted emotional distress.
The suit seeks compensatory and punitive damages, as well as legal fees.
A senior assistant corporation counsel for the city, Nathalie Feola-Guerrieri, said, "The city is confident that the officers will be found to have acted justifiably under the circumstances."