K9 dies in hot car.

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C-dub
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K9 dies in hot car.

#1

Post by C-dub »

This might not be the appropriate subforum, but I thought it should at least be in one related to LEOs.

http://www.therepublic.com/view/story/f ... -Dog-Death" onclick="window.open(this.href);return false;
Bennettsville Police Chief Larry McNeil says Officer Robert Miller will also be placed on probation for 90 days following the suspension and can no longer be a K-9 officer.
Why isn't this officer being charged with animal cruelty as anyone else would be or worse since this was a K9?
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gigag04
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Re: K9 dies in hot car.

#2

Post by gigag04 »

Not sure how intent is worded in their laws.
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texanjoker

Re: K9 dies in hot car.

#3

Post by texanjoker »

Here we go again with the anti LEO nonsense :banghead: There is nothing in this story to say the officer just parked the car with no AC to let the dog die.Why would he be charged with animal cruelty? K9's ride in a patrol car 8-12 hours per shift and often a lot longer depending where you work. It is an unfortunate episode when a k9 dies in a hot car but unfortunately it does happen. If there is no neglect in this case why would he be charged? The report only says he was writing a report in the station and was out of water. That only means there was no water when the dog died and doesn't prove there wasn't water when the dog was in the car. If you have never seen a working dog drink water, you have missed something. They are a different dog then your pet.

When you are out of your car the motor is running with the AC on, and you try to find shade to park in as you can't just bring the dog into various venues including the station when writing a report. The windows are up for safety as there are too many stupid people that go up and mess with the dog. The same stupid people love to call and complain on you because they see the parked k9 car running which is how the AC works. Our cars had screens on the back windows so I could leave them down a 1/3 of the way but no more. Due to all the idiots out there, I wouldn't risk some person banging on the screen and the dog busting out to bite... I would have to write a blog to cover all the idiotic things I had to deal with that people tried to do to the dog while working k9's.

To help prevent these tragic deaths. patrol cars should be set up with various systems that maintain the AC. However those of us that worked dogs before this modern stuff did just fine leaving the motor on unless it failed. This article doesn't even state if they had the systems. Regardless if they had them, you leave the motor running with the AC on for the dog. Systems fail. My last car even had a pager to beep me if the AC failed, and a device so that I could leave the motor running w/o a key. The pager was worthless. There are some systems that are now being created that will then roll the windows down, and if all else fails open the remote door if the AC fails. Now take the flip side. Do you want an attack trained dog just cut loose?

There isn't enough in this story to say he should be charged, or even justify the suspension. I would need to hear more facts. If he was negligent in caring for the dog that would be a different matter but that is not covered in this story. I have seen a person I knew prosecuted because he went home and forgot the dog in the car after a 16 hour shift..that was negligent and a different story.
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Re: K9 dies in hot car.

#4

Post by gigag04 »

Our dogs got new Tahoes with remote alarms if the car died. It was in the door popper remotes. Pretty slick.
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Re: K9 dies in hot car.

#5

Post by C-dub »

Police Chief Larry McNeil of the Bennettsville, South Carolina police department told Carolina Live the officer left Tank, a black Labrador Retriever, in a car with the engine off and the windows rolled up on Monday.
http://www.huffingtonpost.com/2013/08/1 ... 67699.html" onclick="window.open(this.href);return false;

TexanJoker, I thought you and I had discussed this before, but perhaps not. I am quite aware of working dogs after having trained them for over 15 years, including some police K9s and MWDs.
I am not and have never been a LEO. My avatar is in honor of my friend, Dallas Police Sargent Michael Smith, who was murdered along with four other officers in Dallas on 7.7.2016.
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texanjoker

Re: K9 dies in hot car.

#6

Post by texanjoker »

C-dub wrote:
Police Chief Larry McNeil of the Bennettsville, South Carolina police department told Carolina Live the officer left Tank, a black Labrador Retriever, in a car with the engine off and the windows rolled up on Monday.
http://www.huffingtonpost.com/2013/08/1 ... 67699.html" onclick="window.open(this.href);return false;

TexanJoker, I thought you and I had discussed this before, but perhaps not. I am quite aware of working dogs after having trained them for over 15 years, including some police K9s and MWDs.

we have discussed dogs, but this article you are wondering why he wasn't charged. I am replying. IF he was negligent is one thing, but the article doesn't say that to support either view.
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Re: K9 dies in hot car.

#7

Post by Oldgringo »

:tiphat:; but I think this is about cruel and irresponsible treatment of animals.

The irresponsible dog killer could just as easily have been Jimmy Swaggart, Heidi Fleischman or Mother Teresa as it was a trained (?) K-9 LEO. I can't abide rude, ill-mannered people (of all ages) and/or cruelty to animals. I ain't real fond of liars either.
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Re: K9 dies in hot car.

#8

Post by SewTexas »

it's August, he left a dog in a car....what did he think would happen????? I'm sorry, if I did that I would be in jail!!!!

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Re: K9 dies in hot car.

#9

Post by longtooth »

texanjoker this is not anti LEO nonsence. These are valid statement. yopu need to get the chip off your shoulder.

Sew Texas your coments are fine.
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Re: K9 dies in hot car.

#10

Post by Hola Gato »

SewTexas wrote:it's August, he left a dog in a car....what did he think would happen????? I'm sorry, if I did that I would be in jail!!!!
:iagree:
It was reckless to leave the dog in a hot car and if it happened in Texas he should be prosecuted like anybody else.

38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS.
(b) A person commits an offense if the person recklessly: (6) injures or kills a police service animal;
(c) An offense under this section is: (5) a felony of the third degree if the person commits an offense under Subsection (b)(6) or (7) by killing a police service animal or by engaging in conduct likely to kill the animal.
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longtooth
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Re: K9 dies in hot car.

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Post by longtooth »

And that law SHOULD apply to anyone whether in uniform or jeans & boots.
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Re: K9 dies in hot car.

#12

Post by Excaliber »

I think that somewhere in the training program for K-9 officers it's mentioned at least once that leaving a dog in a car with the windows up and the engine off in the summer is a pretty sure way to severely injure or kill the animal. In fact, I think it's mentioned a couple of times.

Creating that circumstance with the thought that he would return to the car before the dog died does not mitigate what the officer did if the facts as reported are true.

Gross negligence is the mildest label I could apply here, and I'd be much more inclined to apply much stronger ones.

There is such a thing as responsibility and accountability in police work.

If I were the chief and investigation corroborated that the officer did what this one is reported to have done, he would no longer be working for my agency.
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Re: K9 dies in hot car.

#13

Post by gthaustex »

Poor Tank... :cryin
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Re: K9 dies in hot car.

#14

Post by Wes »

Wow, if that's not negligent behavior I don't know what is. Dogs do not do well with heat, suspension is absolutely warranted at the very minimum! Officer or not, the law says its a felony, you and I would go to jail.
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Re: K9 dies in hot car.

#15

Post by srothstein »

I am surprised that the punishment listed is all that happened to the officer from the agency, but it is about all that could be done under the law. Remember that not all states have the same laws.

Since I agree that the laws should apply to everyone equally, and I was curious why the officer was not charged further, I went and looked up South Carolina law on animal cruelty. Note that this was a quick search, so I might have missed something. SC requires that the cruel treatment be knowing or intentional. There was no law I found specifically mentioning being left in a hot car. I honestly do not think the officer intended the injury should happen. I don't think he did it knowingly either. I do think it was negligent, and might be reckless though I am not sure about the reckless part. There is a fine line in the law differing between negligence and reckless and I am not sure if it was crossed or not. A reckless act means the person disregarded a risk he was aware of that a reasonable person would not. A negligent act is one where the person ignored a risk a reasonable person should have been aware of. So, if I were a DA, I would probably have used negligence as the charge if the law allowed it.

To compare the law to Texas, for non-livestock animals (PC 42.092), Texas requires reckless conduct. For livestock (PC 42.09), we require intentional or knowing acts. In the case of an officer who leaves his dog in the car while he steps into the station to write a report, planning to return in a few minutes, I would say an injury would be negligent behavior. He should be aware of the uncertainty of when he would return to the car. I am unsure if it would rise to reckless or not. Most people who leave the dog in the car don't intend the dog to get hurt, but also don't plan on returning in a few minutes. Again, it is negligence, but I am unsure if it rises to reckless behavior.

So, I think the officer was treated appropriately in South Carolina and I am not sure anyone who left their dog in the car in Texas should be charged under our law. I am sure that if a department would charge a citizen then they should charge the officer also.
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