Guest guest Posted July 5, 2002 Report Share Posted July 5, 2002 Hello folks, I would like to report a horrible event that took place this morning and request advice and help on how to proceed. I am hoping to strip the cops in question of their badges and sue them. My report follows: July 5, 2002 ~8 am Oakland Police Officers D. Salcido (badge # 389, serial # 8213) and K. Kaney (badge # 399, serial # 8235) walked south on Outlook Ave., Oakland, towards Aaron's (my boyfriend's) house. (He had been at my house last night.) His two German Shepherds, Roman and Dallas, ran towards them, barking. (They had gotten out when someone kicked in an upstairs door sometime during the night.) When the dogs got a few feet away from them, Officer K. Kaney removed his gun and shot Roman in the neck, killing him. Then Dallas ran back into the house. Neither officer attempted to subdue the dogs with any non-lethal force. Nor did they attempt to determine whether the dogs would bite them, as opposed to just barking. When asked why he didn't use his pepper spray, which he keeps in front of him on his belt, this is how he responded: Kaney: I didn't have time to use the pepper spray. I only had time to step back and shoot him. Me (D.M.): It doesn't take any longer to spray a dog than it does to shoot him. Kaney: Same as the pepper spray. (So Kaney admitted that it takes as long to pull out a gun, step back, aim, and shoot a dog as it takes to pull out pepper spray and spray the dog.) Kaney also said he didn't want to take any chances that the pepper spray might be ineffective and the dog bite him anyway. However, he never let the dogs get close enough to see if they would even bite him or if they would hurt him at all. He was afraid of getting a little wound, so the coward killed Roman in cold blood. (Supervisor F. Hamilton (badge # 277, serial # 7825) arrived on the scene after the murder , along with an evidence technician (badge #31) who refused to expose her name tag or state her name.) Cops these days are so trigger-happy and can so easily get away with killing individuals (humans--especially minorities, and non-humans alike). We can't let them get away with this. Their first choice method of self-defense all too often is lethal. They are rogue killers in blue. Thank you in advance for any help and suggestions. Sincerely, Diana M. _______________ Send and receive Hotmail on your mobile device: http://mobile.msn.com Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 6, 2002 Report Share Posted July 6, 2002 First off all, I am sorry to hear about your loss. I hope you can get all the help and comfort you need during this difficult time. However, I do not think a legal action against the police officers is advisable. Please let me explain (and, yes, I am a lawyer). >His two German Shepherds, Roman and Dallas, ran towards them, barking. (They >had gotten out when someone kicked in an upstairs door sometime during the night.) From the officers' perspective, they saw two dogs (of a breed known to be [sometimes] vicious) charging them. In light of the horrific death of Diane Whipple, people (including officers...they're people as well) have become heightened to dog attacks. While you may know the dogs to be harmless, the officers did not, and they only had seconds to react. What officers do know is that German Shepards are often used in K-9 units, so they know the potential for lethality that such dogs have. > Kaney also said he didn't want to take any chances that the pepper spray > might be ineffective and the dog bite him anyway. However, he never let the > dogs get close enough to see if they would even bite him or if they would > hurt him at all. Again, the officers only had seconds to react. People, including officers, make mistakes. In the law, there's something called " qualified immunity. " It means that if an officer made an honest mistake (but only realized as a " mistake " with 20/20 hindsight), then the law acknowledges that officers (even highly trained ones) are forced to make difficult decisions in very stressful situations and in an incredibly short amount of time, and sometimes they get it wrong. So the officers didn't make the best choice, but no one ever always make the best choice. And as it has been pointed out, two dogs charging is a threatening situation. If the pepper spray was ineffective, the officers (from their perspective) thought they might not have had the opportunity to then draw their guns and safely take a shot. That's not an unreasonable belief. > He was afraid of getting a little wound, so the coward killed Roman in cold blood. Again, in the light of Diane Whipple's death, I think the fear of two unkown, charging dogs is not cowardly. So, yes, you could file a lawsuit or make a report to the police review board. But I do not think it will have any effect other than delaying your grieving process. I know you have suffered a loss, but I do not think this avenue will provide you with any solace, but rather only more frustration and hurt. Peace. --eric. Quote Link to comment Share on other sites More sharing options...
Guest guest Posted July 7, 2002 Report Share Posted July 7, 2002 > Perhaps the pepper spray might not > have frightened the other dog away JUST as easily -- > but unless I read correctly, neither dog endangered > the officer at the time in any grave way. What I was trying to explain that the law will likely give deference to the police because they were forced to make a very difficult decision. That doesn't mean the officers did they best thing possible; rather, the law will likely deem their actions reasonable under the situation. This is a statement of the realities of the situation. I mention this just not to let any hopes get too high; that doesn't mean it is necessarily correct or just. The dog owner deserves to know what they will be up against, that's all. This has nothing to with a pro-cop mentality or blind patriotism (of which I have neither), but rather as suggesting that perhaps a better method to begin the grieving process would be to look beyond what the police did/didn't do. I've seen my share of injustice as well, but I also know that doesn't mean the police are always wrong. I'm just agreeing with the suggestion that the person(s) who let the dogs escape are more culpable than the police. And the reference to Diane Whipple is not an analogy, but to point out that public sympathy is not currently with owners of dogs perceived to be vicious. --eric. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.