Saturday, February 15, 2014

Report: Las Cruces detective tried to calm dog before shooting

NEW MEXICO -- Before firing his duty handgun, a Las Cruces detective who killed a dog this week tried several tactics to calm and control the canine, a pet that a neighbor apparently described as "crazy," according to an incident report released Friday.

Authorities are still investigating the shooting, which happened about 5:30 p.m. Wednesday in the 3200 block of Eagle Ridge Drive.

Owners of "Jack," the deceased black Catahoula mix, have disputed LCPD's reports, vehemently defending their dog and criticizing the detective, identified in the report as Rick Garcia.

Las Cruces Police Department officers stand near a dog that was shot
and killed by an officer after it allegedly attacked him on Wednesday
along Eagle Ridge. (Robin Zielinski -- Sun-News)

The report, compiled by the officer who responded moments after Garcia shot the dog, also provided a more detailed narrative of what happened.

Two teenage girls and a man living in the area told police a black dog had run aggressively toward each of them that evening, first the girls then the man, the report states.

The girls, who were jogging, had seen a white dog first. They approached that dog, which seemed to be lost and friendly, the report states. That's when, according to the police report, the black dog "came out of nowhere" toward them, barking aggressively.

The girls avoided the dog by climbing on a small rock wall. The dog then turned its attention to the man who was walking to get his mail.

The dog was "aggressively barking" at the man, the report states, so he threw keys at the dog to scare it. That man then noticed Rick Garcia, in plain clothes, pulling into the neighborhood and asked him to call animal control.

Garcia, after calling for animal control, said he tried to shoo the black dog away, then corral it into a nearby yard — around the block from where Jack lived.

Neither tactic worked, the report states, so Garcia said he tried to back away. When he did, "the dog lunged at him for a third time," barking and with teeth bared.

That's when Garcia said he fired two shots, hitting the dog near the head and back.

Kelcy Wilcox, one of the owners of the dog, wrote a letter to the Sun-News on Thursday defending Jack, and commented on the online version of the story published later that night.

"I am one of the owners of this dog. I can tell you that while he was a mastermind at getting out of yards, he has never shown aggression to a dog or human in his life," Wilcox wrote in a comment via Facebook. "I would be happy to defend him at all costs, as would the many in the community that knew him."

Wilcox said she holds a graduate degree in animal science, and has directly worked with Jack for about 2 -1/2 years

According to Wilcox's letter, the family took the dog out publicly, to the Las Cruces dog park, Caliche's, St. Clair's Winery for Yappy Hour, Andele's Dog House and High Desert Brewing Co.

Wrote Myelle Rhiannon, another member of the family that owned Jack: "We also have a professional trainer in our family who took Jack to work all the time, and every one of her co-workers loved him and know he is nothing but sweet."

On Wednesday evening, by the time the animal control officer arrived, the dog was dead and a roommate of his owner was talking to police.

Authorities then tried to look for the white dog, which had fled. The animal control officer reportedly found it in its yard on Highridge Street, around the block from where Jack died. As the animal control officer approached that yard, a neighbor warned him to beware of the black dog living there because it "was a crazy dog," according to the report.

Rhiannon said Jack was out of the home 10 minutes before her fiancé went to search for him.

J.H. Fellabaum, who lives on Highridge Street, next door to where Jack resided, said Friday he had only seen a few dogs roaming the neighborhood in his years there, and none acting aggressively.

The man and teenage girls who the police said were being harassed by the dog were not injured.
As per LCPD policy related to the duty-related discharge of a gun by an officer, the multi-agency task force will investigate the shooting.

The Las Cruces Officer-Involved Incident Task Force includes investigators from New Mexico State Police, the Doña Ana County Sheriff's Office, New Mexico State University Police and Las Cruces police. The task force reports its findings to the 3rd Judicial District Attorney's Office.

Garcia, a 16-year-veteran of LCPD, is not subject to standard administrative leave, as happens in an officer-involved shooting of a person, LCPD Sgt. Roberto Gutierrez said this week.

Dr. Patricia Norris, the Doña Ana County Sheriff's Office veterinarian, was to perform a necropsy of the dog, the police report states.

(Las Cruces Sun - Feb 14, 2014)

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