"I was upset because I didn't want them to kill the poor dog," Weinberger, now 23, testified Wednesday during a Palm Beach County Court civil trial. But looking back now as an adult, she concluded "that dog had to be put down."
So did the six jurors who sat in judgment of the animal rights case, one of the few times such a dispute had reached a Florida courtroom. The trial focused on how state courts value pets and how law enforcement officers handle dog emergencies.
The jury of three men and three women cleared the Palm Beach County Sheriff's Office of wrongdoing in the May 16, 2002 death of Petey, an American Staffordshire Terrier — commonly called a pit bull — who served as Russ Greenberg's loyal companion for seven years.
Greenberg had sued for damages beyond the $500 he paid for the dog when it was a puppy in 1995, but Circuit Judge David Crow refused to allow it even if the jury rendered a verdict in his favor.
The Florida Supreme Court says market value is used to determine a dog's worth — the same as it is for any piece of property — unless there are extreme circumstances, Crow said. The judge said the deputies did not act maliciously, preventing Greenberg from claiming an emotional distress payout.
Nor did Petey have any type of special value, such as being a circus performer.
The deputies said they merely acted in self-defense when they killed an aggressive pit bull that got loose from its pen and menaced people on the 19200 block of Liberty Road. One fired his .40-caliber handgun, while the other used a pump-action shotgun.
William Cornwell, attorney for the Sheriff's Office, said he was thankful the jury concluded "there wasn't any evidence to support the notion the Sheriff's Office did anything inappropriate."
Attorney Barry Silver, who represented Greenberg, argued the officers killed the dog without justification, instead of using mace or poles or calling in animal control officers.
"You have to try to use less lethal ways, but they didn't," Silver said, adding the dog didn't seriously wound Weinberger nor had it attacked anyone before. He said he will seek a new trial and appeal.
After Thursday's verdict, jury foreman Edmond Preti told Greenberg, "We're sorry about the loss of your dog."
Preti also said the jury recommends deputies receive training "about how to handle cases like this."
Deputy Joseph Caroscio, who fired the fatal rounds, testified he has not been advised on how to specifically handle dog threats.
"We don't have one particular policy dealing with dogs," said Caroscio, a 13-year department veteran. Deputies may use pepper spray and Tasers on charging dogs, he said.
Caroscio said he made the split-second decision to shoot because Petey was "aggressive and coming at me."
Weinberger recalled the dog appeared angry as it chased her.
"The dog looked evil," she said.
[I'm curious if the dog's owner ever paid the child victim any money. It doesn't appear that she was mauled, but pain and suffering is a guarantee and she probably suffered a fear of dogs for quite a long time after that...]
(Sun Sentinel - Jan 19, 2013)
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