By John W. Whitehead*
“In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety of bystanders. It’s so important, in fact, that an officer’s subjective fear of a minor wound from a dog bite is enough to justify using potentially lethal force, in this case at the expense of a 4-year-old girl. And this isn’t the first time. In January, an Iowa cop shot and killed a woman by mistake while trying to kill her dog. Other cops have shot other kids, other bystanders, their partners, their supervisors and even themselves while firing their guns at a dog. That mind-set is then, of course, all the more problematic when it comes to using force against people.”—Journalist Radley Balko
The absurd cruelties of the American police state keep reaching newer heights.
Consider that if you kill a police dog, you could face a longer prison sentence than if you’d murdered someone or abused a child.
If a cop kills your dog, however, there will be little to no consequences for that officer.
Not even a slap on the wrist.
In this, as in so many instances of official misconduct by government officials, the courts have ruled that the cops have qualified immunity, a legal doctrine that incentivizes government officials to engage in lawless behavior without fear of repercussions.
This is the heartless, heartbreaking, hypocritical injustice that passes for law and order in America today.
It is estimated that a dog is shot by a police officer “every 98 minutes.”
The Department of Justice estimates that at least 25 dogs are killed by police every day.
The Puppycide Database Project estimates the number of dogs being killed by police to be closer to 500 dogs a day (which translates to 182,000 dogs a year).
In 1 out of 5 cases involving police shooting a family pet, a child was either in the police line of fire or in the immediate area of a shooting. For instance, a 4-year-old girl was accidentally shot in the leg after a police officer opened fire on a dog running towards him, missed and hit the little girl instead.
At a time when police are increasingly inclined to shoot first and ask questions later, it doesn’t take much to provoke a cop into opening fire on an unarmed person guilty of doing nothing more than standing a certain way, or moving a certain way, or holding something—anything—that police could misinterpret to be a weapon.
All a cop has to do is cite an alleged “fear” for his safety.
According to the Sixth Circuit Court of Appeals, all it takes for dogs to pose a sufficient threat to police to justify them opening fire is for the dog to move or bark.
Even in the absence of an actual threat, the perception of a threat is enough for qualified immunity to kick in and for the cop to be let off the hook for behavior that would get the rest of us jailed for life.
As journalist Radley Balko points out, “In too much of policing today, officer safety has become the highest priority. It trumps the rights and safety of suspects. It trumps the rights and safety of bystanders. It’s so important, in fact, that an officer’s subjective fear of a minor wound from a dog bite is enough to justify using potentially lethal force.”
The epidemic of cops shooting dogs takes this shameful behavior to a whole new level, though.
It doesn’t take much for a cop to shoot a dog.
Dogs shot and killed by police have been “guilty” of nothing more menacing than wagging their tails, barking in greeting, or merely being in their own yard.
For instance, Spike, a 70-pound pit bull, was shot by NYPD police when they encountered him in the hallway of an apartment building in the Bronx. Surveillance footage shows the dog, tail wagging, right before an officer shot him in the head at pointblank range.
Arzy, a 14-month-old Newfoundland, Labrador and golden retriever mix, was shot between the eyes by a Louisiana police officer. The dog had been secured on a four-foot leash at the time he was shot. An independent witness testified that the dog never gave the officer any provocation to shoot him.
Seven, a St. Bernard, was shot repeatedly by Connecticut police in the presence of the dog’s 12-year-old owner. Police, investigating an erroneous tip, had entered the property—without a warrant—where the dog and her owner had been playing in the backyard, causing the dog to give chase.
Dutchess, a 2-year-old rescue dog, was shot three times in the head by Florida police as she ran out her front door. The officer had been approaching the house to inform the residents that their car door was open when the dog bounded out to greet him.
Yanna, a 10-year-old boxer, was shot three times by Georgia police after they mistakenly entered the wrong home and opened fire, killing the dog, shooting the homeowner in the leg and wounding an investigating officer.
Payton, a 7-year-old black Labrador retriever, and 4-year-old Chase, also a black Lab, were shot and killed after a SWAT team mistakenly raided the mayor’s home while searching for drugs. Police shot Payton four times. Chase was shot twice, once from behind as he ran away. “My government blew through my doors and killed my dogs. They thought we were drug dealers, and we were treated as such. I don’t think they really ever considered that we weren’t,” recalls Mayor Cheye Calvo, who described being handcuffed and interrogated for hours—wearing only underwear and socks—surrounded by the dogs’ carcasses and pools of the dogs’ blood.
In another instance, a Missouri SWAT team raided a family home, killing a 4-year-old pit bull Kiya. Believe it or not, this time the SWAT raid wasn’t in pursuit of drugs, mistaken or otherwise, but was intended “to check if [the] home had electricity and natural gas service.”
A dog doesn’t even have to be an aggressive breed to be shot by a cop.
Balko has documented countless “dog shootings in which a police officer said he felt ‘threatened’ and had no choice but to use lethal force, including the killing of a Dalmatian (more than once), a yellow Lab , a springer spaniel, a chocolate Lab, a boxer, an Australian cattle dog, a Wheaten terrier, an Akita… a Jack Russell terrier… a 12-pound miniature dachshund… [and] a five-pound chihuahua.”
Chihuahuas, among the smallest breed of dog (known as “purse” dogs), seem to really push cops over the edge.
In Arkansas, for example, a sheriff’s deputy shot an “aggressive” chihuahua for barking repeatedly. The dog, Reese’s, required surgery for a shattered jaw and a feeding tube to eat.
Same thing happened in Texas, except Trixie—who was on the other side of a fence from the officer—didn’t survive the shooting.
Let’s put this in perspective, shall we?
We’re being asked to believe that a police officer, fully armed, trained in combat and equipped to deal with the worst case scenario when it comes to violence, is so threatened by a yipping purse dog weighing less than 10 pounds that the only recourse is to shoot the dog?
If this is the temperament of police officers bred by the police state, we should all be worried.
Clearly, our four-legged friends are suffering at the hands of an inhumane police state in which the police have all the rights, the citizenry have very few rights, and our pets—viewed by the courts as personal property like a car or a house, but far less valuable—have no rights at all.
So what’s to be done?
Essentially, it comes down to training and accountability.
It’s the difference between police officers who rank their personal safety above everyone else’s and police officers who understand that their jobs are to serve and protect.
It’s the difference between police who are trained to shoot to kill and police trained to resolve situations peacefully.
Most of all, it’s the difference between police who believe the law is on their side and police who know that they will be held to account for their actions under the same law as everyone else.
Unfortunately, more and more police are being trained to view themselves as distinct from the citizenry, to view their authority as superior to the citizenry, and to view their lives as more precious than those of their citizen counterparts. Instead of being taught to see themselves as mediators and peacemakers whose lethal weapons are to be used as a last resort, they are being drilled into acting like gunmen with killer instincts who shoot to kill rather than merely incapacitate.
These dog killings are, as Balko recognizes, “a side effect of the new SWAT, paramilitary focus in many police departments, which has supplanted the idea of being an ‘officer of the peace.’”
Thus, whether you’re talking about police shooting dogs or citizens, the mindset is the same: a rush to violence, abuse of power, fear for officer safety, poor training in how to de-escalate a situation, and general carelessness.
It’s time to rein in this abuse of power.
A good place to start is by requiring police to undergo classes annually on how to peacefully resolve and de-escalate situations with the citizenry. While they’re at it, they should be forced to de-militarize. No one outside the battlefield—and barring a foreign invasion, the U.S. should never be considered a domestic battlefield—should be equipped with the kinds of weapons and gear being worn and used by local police forces today. If the politicians are serious about instituting far-reaching gun control measures, let them start by taking the guns and SWAT teams away from the countless civilian agencies that have nothing to do with military defense that are packing lethal heat.
Ultimately, this comes down to better—and constant—training in nonviolent tactics, serious consequences for those who engage in excessive force, and a seismic shift in how law enforcement agencies and the courts deal with those who transgress.
In terms of our four-legged friends, many states are adopting laws to make canine training mandatory for police officers. As dog behavior counselor Brian Kilcommons noted, officers’ inclination to “take command and take control” can cause them to antagonize dogs unnecessarily. Officers “need to realize they’re there to neutralize, not control… If they have enough money to militarize the police with Humvees, they have enough money to train them not to kill family members. And pets are considered family.”
After all, as the Washington Post points out, while “postal workers regularly encounter both vicious and gregarious dogs on their daily rounds… letter carriers don’t kill dogs, even though they are bitten by the thousands every year. Instead, the Postal Service offers its employees training on how to avoid bites.” Journalist Dale Chappell adds, “Using live dogs, handlers and trainers put postal workers through scenarios to teach them how to read a dog’s behavior and calm a dog, or fend it off, if necessary. Meter readers also have benefited from the same training, drastically reducing incidents of dog bites.”
The Rutherford Institute is working on a program aimed at training police to deescalate their interactions with dogs rather than resorting to lethal force, while providing pet owners with legal resources to better protect the four-legged members of their household.
Yet as I point out in my book Battlefield America: The War on the American People, there will be no end to the bloodshed—of unarmed Americans or their family pets—until police stop viewing themselves as superior to those whom they are supposed to serve and start acting like the peace officers they’re supposed to be.
*About the author: Constitutional attorney and author John W. Whitehead is founder and president of The Rutherford Institute. His new book Battlefield America: The War on the American People (SelectBooks, 2015) is available online at www.amazon.com. Whitehead can be contacted at [email protected].
Source: This article was published at The Rutherford Institute