Police Say Dog That Was Fatally Shot Saturday Was Aggressive
Bowers Street dog owner said his 5-year-old Labrador mix was very friendly.
A Birmingham man is upset after his dog, Buddy, was killed Saturday night by Birmingham Police officers.
Conflicting accounts were going around early this week from police and neighbors about an incident that occurred around 10:30 p.m. Saturday in the 1900 block of Bowers Street.
Buddy, the 5-year-old Labrador mix that was killed, belonged to Birmingham resident Terry Boyle, who said he's now working with an animal rights lawyer.
“It doesn’t make sense why you would shoot him,” said Joey Spino, a friend of Boyle’s who helped put together fliers and a Facebook page about Buddy’s death. “And this is Birmingham. It’s the land of surburban house pets.”
However, Birmingham Police Cmdr. Terry Kiernan said there was no wrongdoing on the part of the officers, saying the situation called for the officers to defend themselves against an aggressive animal.
According to police reports, two officers on patrol found Buddy on the corner of Eton and Bowers Street Saturday night. Buddy was a few houses down from his own house and immediately ran home when officers approached him, reports said. Police tried knocking on the door and calling Boyle's phone number but received no response.
Police said that meanwhile, two neighbors came over, telling the police “not to trust the dog.” One of them said this wasn’t the first time Buddy had jumped his fence, noting Buddy had once fought with her dog, the report said.
At that point, Buddy began acting aggressively and growling and after hearing the neighbor's complaint, Kiernan said the officers felt liable leaving the dog unattended and began trying to return Buddy to his yard.
According to police reports, the officers retrieved noose poles from their cars, which are used to corral and control dogs. They tried approaching Buddy but said he continued growling and acting aggressive. Another neighbor tried to help lure Buddy into his yard with dog treats, but reports say it didn't work.
At that point, Kiernan said one of the officers noticed the backyard gate — located at the side of the house — was locked and tried unlocking it using the noose pole. As the gate began to open, the officer said Buddy chased him around the house and continued growling at him. The pole slipped at that point, the officer said, and the gate started to close.
As he stepped toward the gate, the officer said Buddy lunged at him. With the officer pinned between the house and the fence, he shot twice at Buddy, fatally wounding him.
"The dog charged, and (the officer) was pinned," Kiernan said.
Buddy then limped to the front of the house, officers said. Knowing the dog was fatally wounded, officers called Gasow’s Veterinary Hospital, which euthanizes animals. Gasow’s told police no one was available at the time, leaving police to shoot the dog once more in order to "put him out of his misery," Kiernan said.
Kiernan said incidents such as these are rare — the department has had to kill an aggressive dog only two or three times in the past 30 years, he said — but officers have the discretion to decide whether their safety is in jeopardy.
“There are levels of force you can use to protect yourself,” he said.
Shooting an animal is a difficult decision to make, Kiernan said, but in this case, the officer had nowhere to escape from Buddy's charge. In an interview with the Birmingham Eagle Aug. 4, Kiernan said there wasn't enough time for the officer to withdraw his Taser, charge it and aim.
A police supervisor was called in immediately after the incident occurred, who confirmed the officer was in the right.
“(The officer who shot Buddy) feels bad having to shoot a dog because the guy is an animal lover,” Kiernan said, noting that the officer has dogs of his own.
In addition, this wasn't the first time officers were called to Boyle residence about Buddy. In May 2009, Kiernan said Boyle was cited for having an unlicensed, unattended dog. In April 2010, police received a complaint that Buddy jumped his fence and attacked another dog while in August 2010, neighbors complained that Buddy was loose and rummaging through trash.
These reports conflict with the story from another witness, Boyle said, referring to a neighbor who watched the incident from across the street. According to Boyle, the neighbor said Buddy wasn't acting aggressively toward the police and he didn't see Buddy running in the streets beforehand.
Boyle said his neighbor told him that officers cornered Buddy on the side of the house. Kiernan said this neighbor hasn't yet filed a report with the police and the case is still under investigation, though the officer in question will not be investigated.
According to City Attorney Tim Currier, no charges will be filed in the case.
“While additional charges may and could be warranted concerning the matter, given the circumstances, and because the potential for further harm to persons and other animals is no longer present as the animal has been euthanized, no warrant will be issued against Mr. Boyle at this time.”
Spino said Buddy wasn't a scary dog at all and that the effort on Facebook is to create awareness of a situation he and the owner still don't understand.
"Buddy did not deserve this," he said.
Dan
8:31 am on Wednesday, August 3, 2011
Why wasn't animal control called?
nick
11:44 pm on Wednesday, August 3, 2011
A potential dog bite means pulling out a gun and shooting? We have 100,000+ troops in war zones who potentially are getting shot at and they rethink before engaging. A DOG!!?
This police department equals incompetent! They can't even solve crimes. Two unsolved murders in the city, and the only other activity is to write parking tickets, speeding tickets, and chase kids around to give MIPs.
Birmingham Police are about equivalent to campus patrol.
Angel Tucker
7:23 pm on Monday, August 8, 2011
I am sick to my stomach. What a horrible lack of judgment on the part of the police (man) (a policewoman would never have been so completely moronic. But I digress). Seriously....lethal force for a LABRADOR? Not a doggie treat? Not a stern command? Not a taser if the animal was "lunging"? Good Lord, nobody better back-talk a Birmingham officer...or--EEK!--walk away from him to the side of YOUR OWN HOUSE... It's appalling and indefensible. Disgusting. Absolutely disgusting.
Angel Tucker
7:30 pm on Monday, August 8, 2011
Michael Vick doesn't have anything on the B'ham police. FOUR officers dispatched for a loose dog--and not one thought that shooting that dog MIGHT NOT BE OKAY? This is so offensive to me.
Melissa Fenchel
9:53 am on Wednesday, August 3, 2011
Shame, Shame, Shame on the B'Ham officers who's very unprofessional behavior caused the suffering and death of this dog. If he were actually aggressive, how did they get on his porch to knock on the door and why did he run home when they approached him? Those nasty poles frightened him and they were the ones stalking and cornering the dog, not the other way around. IDIOTS!!
Jen Ingersoll
11:26 am on Wednesday, August 3, 2011
This pets owner needs to start a petition in his community that would require the cops to carry TRANQUILIZER guns to use instead of hand guns. And also require the police to clearly define when it is and is not appropriate to shoot to kill an animal. THAT GUYS TAX DOLLARS PAY THEIR SALARIES! Why the hell didn't they protect that pet as they would their own? That dog was just doing what any dog would have done when chased and cornered. I seriously wouldn't be surprised if they chased and cornered the dog until he was shook up enough for them have an excuse to use him as target practice. And what about neighbors who had to explain to their children why that dog was shot and murdered in their own front yards? Cuz you can't tell me that 4 gun shots wouldn't have woken up and scared the kids on that street. "No where to escape to" my ass. BUDDY HAD NO WHERE TO ESCAPE TO. That cop could have left the porch, and gotten into his car until animal control arrived. Dogs don't have thumbs. SAFE!!!!!
Carolyn Canham McQueen
9:12 pm on Sunday, August 7, 2011
Jen! I totally Agree! While reading all the stories on this the ONLY thing that keeps running through my head is that they knew they were being called to a dog situation so why have guns and not TRANQUILIZERS!!!! This is beyond ridiculous!!!
Leigh Daggy
1:41 pm on Wednesday, August 3, 2011
DISGUSTING ACTION... POOR DOG, OFFICERS NEED TO CHECK THEMSELVES. THIS IS SO WRONG IN SO MANY LEVELS...... CORNER A DOG AND HES GOING TO PROTECT HIMSELF. SHOOTING THE DOG DID NOTHING BUT KILL A SCARED DOG. WOW TISK TISK, HORRIBLE DECESION. I FEEL SO BAD FOR THE OWNER. I CANNOT BELIEVE HOW SOME PEOPLE HAVE TO SHOOT B/C THEY ARE SCARED OF A GROWLING ANIMAL. YOU GUYS HAVE NOTHING BETTER TO DO THEN TO SHOOT A DOG. HAHA STUPIDITY AND KARMA SUCKS!!!!
Martina Panian
1:45 pm on Wednesday, August 3, 2011
If it had been a robber, im sure the would have used a tazer and not a gun! based on the story the dog was protecting his territory..which is what dogs are supposed to do! This is news I would expect to hear in the inner city, not a community such as this...very sad and (very scary! - 4 shots fired because of a dog!)
Cynthia
1:49 pm on Wednesday, August 3, 2011
Hard to believe there wasn't another way to subdue a 5 year old Labrador retriever besides chasing it with poles and shooting 4 times to kill. Maybe the officers need some training in this area so they can better handle situations like this, or better, utilize animal control. It sounds like the dog felt threatened and trapped.
Chris Ingram
3:27 pm on Wednesday, August 3, 2011
Question: How are you "pinned" yet you have time to pull out your gun AND fire? Or was the gun already pulled? isn't it police policy to have your gun not only holstered but "strapped" in as well? Just saying, if it looks like a duck, quacks like a duck, and waddles like a duck its probably a duck.
David Gosselin
4:15 pm on Wednesday, August 3, 2011
The bullet casings were found at the end of the driveway, not near the house where this article suggests the 'in danger' officer was when he fired. There are plenty of photos to prove this. Shame on the police for not taking responsibility for murdering a loving pet. Mind you, these cops shot into a house where an 8 month old girl lives. They put her in more danger than Buddy. <- this is all fact. My opinion, from years of living in Birmingham and seeing the silent bs the BPD exhibits, is that bored cops, having just left the shooting range behind the ice rink, decided they could corral a sacred family pet with violence, and when they heard a growl, pulled their favorite, albeit least used, defense. A gun. The Birmingham police say this has happened 3 times in 30 years? Maybe that's because the animal control that was disbanded 2 years ago would NEVER have handled this situation with lethal force. Even the rabid pits in detroit are pit down by a vet, not with a firearm. Go read the BPD Mission Statement and tell me if they are doing their duty to the citizens paying them.
nictuck
4:27 pm on Wednesday, August 3, 2011
Thank God they didn't shoot my dog. I lived in Birmingham for years. My dog would have growled and been aggressive if he was approached at home. He was there to defend me. Why didn't they just leave him alone when he went home? AND, how did they get the number to call off of his collar if he was so aggressive? PLEASE!!! An aggressive dog would not just sit or stand there and let you get his owner's information off of the collar. That police department is a bunch of cop impersonators. Driving around in there expensive SUV's. I hope the guy gets a ton of money. This dog lover thinks that he deserves it!!!
Chris Ingram
4:46 pm on Wednesday, August 3, 2011
UPDATE: Chief Keirnan might have a political career ahead of him with his SHIFTY MISLEADING WORDS. Google "Birmingham police shoot dog"...it happened just 2 years ago, the dogs just didn't DIE. Twice in two years--even if the dogs didn't actually die-- is quite a bit different that 2 or 3 times in THIRTY YEARS.....
Steven Ross
8:53 pm on Wednesday, August 3, 2011
Just tried... I believe that article is in reference to Birmingham, Alabama.
Chris Ingram
3:38 pm on Friday, August 5, 2011
Yea, you're correct. I thought the article mentioned "comos pizza" owners which is a restaurant in Ferndale, but it mentioned "cosmos pizza". I apologize, my mistake.
James P. Lavender
5:26 pm on Wednesday, August 3, 2011
I am a Birmingham resident and a Police Officer tasered my Black Lab TWICE when he was runnig from the Park with my four children right behind. When the kids were palying with him one of the children dropped the leash I am sure because that is more fun than walking him. The Officer got out of his vehichle and tasered the Dog before the Dog could even react and while the Dog was seizing on the ground tasered him again IN FRONT OF THE CHILDREN for good measure. My daughter still crys when we talk about the incident. The Dog, now seven, would wet himself before hurting anyone ever. That is why I got a Lab. The Officer must have been board that day or is just truly mean. A day later the Deputy Chief came to my house to see if I wanted to file a complaint because they had had problems before with this Officer being overzealous around dogs. This was not the third incident in 30 years.
Melissa Fenchel
5:34 pm on Wednesday, August 3, 2011
This just makes me sick. Something has to be done about these officers. If they are THAT afraid of dogs, the should choose another profession. We can't have those who are supposed to be protecting us and our families killing or torturing the four legged members of our families.
David Gosselin
11:31 pm on Wednesday, August 3, 2011
After reconsidering this, I have an issue with the slant in this article. The very title would make a gullible person (they are abound) assume the police are being honest, and that the dog actually was aggressive. The witness says otherwise. This is the first story your news source has done on the issue and you title it with the police 'findings' which are the very point of contention with the public, like it's an open and shut case? Are you writing for the Birmingham resident's education, or explaining away the Birmingham Police Departments irreprehensible and unusual actions? Write to bring light on the darkness and you will make this a better world, not otherwise.
There is more news, video testimony, and peaceful protests in store. Don't let actions like these go without consequence or we will loose our true freedom of oppression. We should all fear remorseless lethal militaristic reactions to such common suburban problems as a family pet who has escaped from his enclosure only to sit harmlessly on his own front porch. This could be any one of you out there.
David Gosselin
11:33 pm on Wednesday, August 3, 2011
Also, a commenter noted the police as saying they have been responsible for 'only' 3 dog shootings in 30 years, and another commenter on the facebook event found that a google search resulted in finding a different birmingham dog shooting 2 years ago in which the dog survived. In other words: before animal control was disbanded in the city, there was 1 dog shooting in 28 years. After the Birmingham Michigan Police Department are given responsibility for animal control calls, they have 1 shooting per year. By their own statistics, they have no idea how to deal with animals of any sort, lest you want them dead.
No word from Chief O Police Studt? Hmm...
David Gosselin
11:36 pm on Wednesday, August 3, 2011
In my second to last post, I did of course mean 'freedom from oppression' and not 'of'
Kyle D
2:30 pm on Thursday, August 4, 2011
I think it calls for an in-depth review WHENEVER a law enforcement officer unholsters a firearm or taser in our community. Regardless if it is an animal or a human-being. If they were able to see and read tags on the dog, then it is quite apparent that animal must not have been overly aggressive (AND WAS rabies vaccinated) at the very least. Bottom line: No one's life was in imminent danger, and the use of deadly force WAS NOT called for !! Get a petition started and circulate flyers. Distribute them in Shain Park during the next major city event and/or Wednesday night concert. Get people involved and aware of what is occurring in the community.
HL
8:13 pm on Thursday, August 4, 2011
This is difficult to recognize as anything but a completely unwarranted abuse of power that cannot be sanctioned if the police are to preserver their credibility and respectability. This is one of the litmus tests to determine if someone is qualified to carry a firearm. This will have to be responsibly addressed.
Rachel Reed
3:05 pm on Friday, August 5, 2011
This is absolutely sickening. If THIS is how the Birmingham Police Department reacts to a "loose" family pet (shoot it to death), could you imagine how they may potentially react to a terrorist at the Palladium or within the school system? May God help the residents of Birmingham-wow. My heart goes out to Terry....this is so sad.
Jen
11:09 pm on Friday, August 5, 2011
Sickening police behavior. I am haunted by the thought of a sweet puppy being murdered in some barbaric power trip. Is it possible that these officers are this out if control, or are they sending some sort of cruel message as they're disgruntled and upset to be going on animal control calls.
KB
3:31 pm on Saturday, August 6, 2011
We live downtown Birmingham, we have two very large and aggressive dogs next door to us with a chain link fence. They tried to attack a repairman. The police were called. This isn't the first time either. Other neighbors called prior for constant barking also. The dogs started barking at the Officer when he parked his car and got out at the street! He walked into "my" backyard and right away made a comment "you have been living with this" the dogs tried to attack him through the fence. My Son was three years old at the time. He couldn't even go into our own back yard to play! The neighbor was of course not home. There are reports made for a reason. Warnings and fine issued, we do have rules for dogs, look them up. We live in a close very close community with houses just feet apart. I love animals, have had dogs my entire life - on 20 acres however. You have more responsibility in this type of community especially when you have a pet. If the neighbor said to the Officer "be careful the dog is aggressive" well maybe it was. It should not have been out wandering around period. If the dog got out of the yard prior to this incident and he didn't secure the dog (as he admitted he did not) then he needs to rethink this through. Birmingham Police Officers protect our community. They risk their lives everyday. My guess they have had plenty of firearm training. Give them a break.
Abt
11:30 am on Tuesday, August 9, 2011
KB: Sure they did have a lot of firearm training. And were itching for a chance to use it.
Sometimes dogs get loose by accident. There was no urgency for the "peace officers" to slaughter Buddy. For any normal,. well adjusted person the priority in this case should have been to safely reunite Buddy with his owners. After that, the police could have cited Mr. Boyle for any violations. The officers in question pose far greater danger to the public than what you wish to believe about Buddy.
Carolyn Canham McQueen
10:23 pm on Tuesday, January 24, 2012
KB: I totally agree with you in the right to not have to tolerate animals or any type of thing that infringes on your enjoyment of your living. However, when these officers were called to the scene they were told that it was an animal issue. Where was animal control? The officers could have WAITED and OBSERVED (for the safety of other people) until animal control arrived. However, they did not and I am not sure if animal control was even contacted!!!! That is what the huge tragedy is all about. What is the protocol on this in the city of Birmingham???? ANYONE?????