And the Elkhart police officer who shot the dog has been cleared of wrongdoing by the department.
Elkhart police were dispatched to Hiawatha Drive in the afternoon of Oct. 28 after reports of a dog running loose, police say. The dog’s owners said the pit bull had been tied in their unfenced backyard during home repairs and broke free of his leash.
The first officer on scene saw Gotti, a 10-month-old pit bull, running loose in the yard, and, after identifying Raul Ortiz as the owner, told Ortiz the dog couldn’t be loose outside.
Ortiz shooed the pit bull back inside, but Gotti sprinted out the door again. The officer, believing the dog was charging, shot several times, then shot to kill the dog when it appeared he was suffering.
OK I do not agree with this officer shooting the dog again to kill it. If he legitimately felt threatened and shot the dog, that's one thing. But it is NOT his decision to make to decide that the dog should be killed right there. It should be taken to a vet immediately; if it dies en route then so be it. If it gets to the vet and they say it's mortally wounded and needs to be humanely euthanized then so be it, but this officer - nor any officer - should be the one to make that decision.
The incident drew criticism from the family and neighbors, who said the dog was running to the opposite side of the yard, away from the officer, and from some readers who believed the officer used unreasonable force.
A shooting review board has cleared the officer, finding the officer acted within department guidelines, according to police spokesman Sgt. Chris Snyder. The board also recommended police administration review department policies and training to make sure the policies are up-to-date with current trends.
The Ortiz family received citations Nov. 8 for failure to control a dog and a dog running at large, both violations of city ordinances. They are due in court Dec. 17.
Edith Ortiz said the family plans to fight the citations.
“I don’t think we should go ahead and be punished anymore,” she said, adding later, “I just don’t think we should pay the fees after what they did."
But police said the family was responsible for controlling the dog and violated city ordinances when Gotti was loose in the yard.
“Being the owner of any animal, especially a dog, is a big responsibility, and one of the biggest responsibilities is controlling the animal,” Snyder said in an email.
Another dog was shot and killed by Elkhart police about three weeks after the Hiawatha Drive incident when two pit bulls were found running loose Nov. 16 near McNaughton Park.
One of the dogs bit an officer and repeatedly charged officers and a family in the park, police say. Officers attempted to use dog treats and snares to trap the animals, and the owner was able to capture one dog, but the other was shot and killed by police.
“Lethal force is a last resort,” Snyder said after the Nov. 16 incident. "We use force to stop a threat, in this case, a dog."
Edith Ortiz wants to know why the officer who shot Gotti didn’t try to capture the pit bull puppy before shooting, as in the McNaughton Park incident.
“I just don’t understand why it happened this way to my dog,” Edith Ortiz said. “I don’t think he deserved to die the way he did. He was growing and he was strong, but he was never vicious."
She said the incident undermined her trust of area police.
“I know there are good cops out there, because I’ve talked to a few,” she said.
But now her children don’t feel comfortable living in Elkhart, where the family has resident for about 11 years.
“I feel like they have lost every trust,” Ortiz said.
Gotti was part of the family, she said, not just a dog, and she’s sure other families feel the same way. She would like to see more training for police who might deal with dogs on their daily beat.
“Those animals out there mean something to a home,” Ortiz said. “I don’t want to see someone losing their pet."
(Elkhart Truth - Nov 25, 2015)
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