Cop Shot And Killed Dog While Trespassing In Someone's Backyard

I live in a suburb just outside the city limits of Rochester, NY, where this sad incident occurred. It's now in the news, due to a lawsuit filed by the dog's family.

Last October, a Rochester police officer investigating a case, climbed over a fence to enter a person's backyard without permission. The home owner, not knowing that an officer was on his property, let his black lab out the back door. The dog instantly started to bark and approach the officer. The officer shot the dog twice, killing it.

The home owner insists that he would have never let his dog out, if he knew an officer was in his backyard and wonders why the officer didn't come to his front door first.

The family had to get a court order, just to get the body cam footage released and now is suing the Rochester Police Department, after viewing the footage with their lawyer. The disturbing video footage can be found here.

His dog Tesla was a member of this family and (he) and his daughter are suffering from what happened,” says Shields.

Shields says it was a struggle to get this video released from the RPD, taking them to court, eventually getting nine total body camera videos from all responding RPD officers on-scene.

“When (police) implement body-worn camera systems, it does a really good job of recording what happens in these interactions. But it doesn’t necessarily lead to changes in officer behavior,” he adds.

He’s hoping this lawsuit will lead to reforms within the RPD and justice for Dempsey.

www.rochesterfirst.com...

Every year, there are incidents just like this, where an officer shoots and kills a family dog because they feared for their safety. I understand that being a police officer is a dangerous job and that they have every right to protect themselves. However, when investigating a case, I always thought that the police needed a warrant when entering private property. If so, was this officer in the wrong for climbing a fence to enter a homeowner's property?

It should be interesting to see whether or not a proposed Police Accountability Board, for the city of Rochester, gets voted through this year. This year, Rochester residents can vote to establish "an independent office of city government to investigate allegations of misconduct by sworn officers up to and including the chief."

The nine-member board would be assisted by an executive director and staff, and have subpoena power, the authority to impose discipline, and to assess RPD practices and procedures.

City Council members and advocates say the board will help build greater community trust in the Police Department and give residents a voice in how their community is policed.

The current system of a citizen advisory board and internal RPD process, with the police chief as arbiter, isn't working, according to members of the grass-roots Police Accountability Board Alliance.

www.democratandchronicle.com...

a reply to: shawmanfromny

Double lawsuit.
Trespassing...
Killing my dog inside its enclosure...

a reply to: shawmanfromny

This year, Rochester residents can vote to establish "an independent office of city government to investigate allegations of misconduct by sworn officers up to and including the chief."

This is an excellent idea. This should be done in every jurisdiction.

Police have traditionally been given a lot of leeway when it comes to how they police and where they can go and what they can do etc. This freedom is being abused more and more lately.

The implementation of a separate independent committee to oversee the actions of police departments seems to be a very necessary thing to do in light of these types of incidences occurring more frequently these days.

My understanding is they need a warrant unless they're pursuing a suspect. They can't just wander around, they have to be in pursuit. Add the fact that they didn't want to release it and you have the potential for the office to be in the wrong. It's very sad for the dog and the family, but hopefully they can settle with the department and educate the police better.

a reply to: shawmanfromny


I want to know how many serious bodily injury or death incidents happen to postal carriers every year from dogs. How do they manage? Anyway, I used to side with the Police in most cases but they are out of hand lately. Many videos of them just shooting people driving away, when it is clear they were not targeted with a vehicle, etc. The whole idea of authority and the Police is an illusion/farce/illegitimate if you really study it, and how it all came about.

Hope the family wins.

Someone climbs over the fence so you put the dog out to chase them away and it gets shot. Yeah, the cop should have informed the people I guess. I think that the people should receive a new puppy and a grand for teaching another one to protect their property. A couple of grand at most is all they should get. The police officer has rights to go into people's yards if need be, they do not need a search warrant to go look for a possible criminal on someone's property. The dog probably growled and looked like it would bite, I think he had a right to shoot it instead of getting bit. I can see both sides, but no big settlement should be given and the lawyer fees should not be picked up by the city. What if that dog had bitten a kid who jumped the fence to get his ball.

I feel that the people should still get a new dog and a record should be kept so that if they have a dog bite someone they can be charged with having a viscious animal in the future.

Lots of people may need access to your yard, someone checking out the electrical wires, someone looking for gas leaks, etc... Those people should have not purposely let the dog out without knowing what was going on.

originally posted by: rickymouse
Someone climbs over the fence so you put the dog out to chase them away and it gets shot. Yeah, the cop should have informed the people I guess. I think that the people should receive a new puppy and a grand for teaching another one to protect their property. A couple of grand at most is all they should get. The police officer has rights to go into people's yards if need be, they do not need a search warrant to go look for a possible criminal on someone's property. The dog probably growled and looked like it would bite, I think he had a right to shoot it instead of getting bit. I can see both sides, but no big settlement should be given and the lawyer fees should not be picked up by the city. What if that dog had bitten a kid who jumped the fence to get his ball.

I feel that the people should still get a new dog and a record should be kept so that if they have a dog bite someone they can be charged with having a viscious animal in the future.

Lots of people may need access to your yard, someone checking out the electrical wires, someone looking for gas leaks, etc... Those people should have not purposely let the dog out without knowing what was going on.

I don't even know what to say. Pity.

originally posted by: TheGreatWork

originally posted by: rickymouse
Someone climbs over the fence so you put the dog out to chase them away and it gets shot. Yeah, the cop should have informed the people I guess. I think that the people should receive a new puppy and a grand for teaching another one to protect their property. A couple of grand at most is all they should get. The police officer has rights to go into people's yards if need be, they do not need a search warrant to go look for a possible criminal on someone's property. The dog probably growled and looked like it would bite, I think he had a right to shoot it instead of getting bit. I can see both sides, but no big settlement should be given and the lawyer fees should not be picked up by the city. What if that dog had bitten a kid who jumped the fence to get his ball.

I feel that the people should still get a new dog and a record should be kept so that if they have a dog bite someone they can be charged with having a viscious animal in the future.

Lots of people may need access to your yard, someone checking out the electrical wires, someone looking for gas leaks, etc... Those people should have not purposely let the dog out without knowing what was going on.

I don't even know what to say. Pity.

I got bit pretty bad by a dog on the property of some people who asked me over to give them a bid. I did not want to make a police report but did have to go to the ER to have the wounds tended to. The cops called the next day because the hospital notified them. The dog had bitten two people previously, one was the mailman, the other was the paperboy. I did not press charges and neither did the other people. A kid went to pet the dog and it really messed up the kid, the cops got the dog and had it put down somewhere, with a warrant. The dog was old and had some dementia issues, I pet the dog right before it bit me. I warned the people that they should put the dog down because it was old and had problems, but they wouldn't even consider doing it. It could have been nicely put to sleep instead of the police taking it. Oh, there was also a big fine involved and testing for rabies at the vets that put it down since it was their fourth warning.

a reply to: shawmanfromny

If you shoot a Police dog is that not considered a very serious crime?

Especially if i break into its kennel to do so.

Murdering Bastard really no two ways about it.

What do you do with Murderers?

disregard

a reply to: rickymouse

Someone climbs over the fence so you put the dog out to chase them away and it gets shot.

Did you watch the video? The dog was let out from around the corner, there are no windows to see the officer go over his fence.
If he heard any noises going on in the neighborhood he may have released the dog to protect the house, but since the officer had gone over other fences before his and it was out of sight from where the dog was released, how can we guess he knew anyone was in the yard?
To bad these guys don't carry taser ready instead of a gun.

a reply to: TheGreatWork

"I want to know how many serious bodily injury or death incidents happen to postal carriers every year from dogs. How do they manage?"

Probably by not pointing a loaded weapon at or murdering there clients' pets to be honest.

Let's face it the swine probably took great pleasure in the execution of the animal as the profession can somewhat attract the wrongs sorts of character aka that nasty bastard.

originally posted by: TheGreatWork
disregard

Around here. if your dog bites someone, even if they are on your property, you are liable. I think it is like that in most all of the states. That even applies if the person is in your home. Everyone has a right to protect themselves, I could have actually pulled out my knife and killed the dog stuck to my arm if I wanted to. I did get the insulation job, and I did understand that the dog was not right, we had to put my father in laws dog down for being old and like that ten years earlier. I would have never sued.

I have owned dogs, I would never own a dog that people would be afraid of, I alway chose the meekest kind of dogs so my neighbors would not need to be scared of them. No German shepherds, no pit bulls, just an old english sheepdog and some super friendly half Alaskan malamute mix that loved kids. My parents and all my relatives also had harmless dogs, my home town did not even allow any violent dogs in the town as did many other cities in this area. They were allowed out in the country but not in town. But even poodles and weiner dogs could be a problem, but you could hook them with your foot and toss them twenty feet if they bugged you.

Found a video of the incident.

WARNING: Some may find this video disturbing.

twitter.com... 3A%2F%2Fradio951.iheart.com%2Fcontent%2F2019-11-01-watch-rpd-shoots-kills-dog-in-its-own-fenced-in-backyard%2F

This cop entered a yard where no one would expected him in full daylight, without first checking the situation. I believe this officer show be charged with multiple felonies from animal abuse, endangering pubic lives, reckless discharge of weapon. That homeowner has a lot more self control than me, if he shouted at me in my own backyard like that, the situation would have ended a whole lot worse.

originally posted by: SeaWorthy
a reply to: rickymouse

Someone climbs over the fence so you put the dog out to chase them away and it gets shot.

Did you watch the video? The dog was let out from around the corner, there are no windows to see the officer go over his fence.
If he heard any noises going on in the neighborhood he may have released the dog to protect the house, but since the officer had gone over other fences before his and it was out of sight from where the dog was released, how can we guess he knew anyone was in the yard?
To bad these guys don't carry taser ready instead of a gun.

The cops around here used to keep dog treats in their pockets in case they ran into dogs doing their job. Surprising how one of those fake dog bone treats turns a crabby dog into a tail wagging begger.

a reply to: andy06shake

I was a postman (some years ago) and had a few run ins with dogs. I never once considered carrying something to fend them off. It was just one of those things that went with the job. The post bag was always enough of a barrier and I have never been bitten. My fondest memory is of a large Afghan Hound charging me in the street!

a reply to: midicon

Respect there, postman are severely underrated if you ask me.

And in all weather, rain, hail or snow.

If a homeowner in that area went into their own backyard and fired a shot directly into the ground, they would at least get cited for firing a weapon within city limits.
The cop comes over their fence uninvited, shoots the family dog and what happens to him?
Nothing.

a reply to: midicon

I worked at UPS for 31 years, 6 years as a package car driver. My clip board was my defense weapon, lol.

I remember making a delivery, back in the late 80's. I was walking up to the porch of a large house, in a wealthy subdivision, when I heard the homeowner out back. So, like an idiot, I headed towards the back of the house, with my head down, writing the shipping number and address on my clipboard pad (it was before the electronic DIAD clipboard). As I made the turn around the back corner of the house, I yelled, "UPS man" and was greeted by a large German Shepherd, who promptly, without even barking, sprinted up to me and stood up, placing his front paws on my shoulder, knocking both the package and my clipboard on the ground. The owner, after witnessing this, laughed and told me not to be afraid, that her dog had just eaten. I nearly peed on myself.

a reply to: shawmanfromny i once had a shed on my property the door was locked with a padlock the police busted the door of its frame looking for some perp when i confronted them they threatened to arrest me and have my dog impounded they didn't give a # --they caught the bloke 2 streets away the tossers