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November 29, 2007

Owners protest police shooting of dog

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Jason Darke isn't happy that Westland police shot his dog, Flash.

A Westland family is demanding accountability after their dog was shot by a Westland police officer on Thanksgiving morning.

According to Westland Police Chief James Ridener, officers responded to an early morning call from a homeowner near Westland Shopping Center reporting an attempted break-in. Officers spotted a man with a baseball bat in his hands near the suspected break-in and fanned out to pursue him through the yards of neighboring homes.

Meanwhile, resident Jason Darke said that he was awakened by his dog, Flash, about 6 a.m. Thinking that the pit bull needed to relieve herself, he said that he turned the dog loose in the fenced-in yard of the family home on Bakewell Street, located just a few blocks away from the shopping mall.

According to Darke, he watched from the doorway as the dog started barking and ran toward the ‘intruders’—whom he claims did not identify themselves as police officers—but stayed well away from them. Darke said that he was only about 5 feet away from the dog and that the dog was “at least 30 feet” from the officer when the officer fired his weapon.

According to Ridener, however, the situation was very different.

He said officers on the scene reported that the dog was in the house when police entered the yard through an open gate.

Ridener said that after the dog was let out, she ran at the officer, who allegedly asked repeatedly that the she be called off. The officer shot the dog, Ridener said, when the animal was “less than 2 feet away,” growling, and showing her teeth.

“She was shot through the snout,” said Jason Darke’s sister, Lisa Darke, who originally gave Flash to Jason. “(Fragments of the bullet are) lodged in her neck and the jaw bone.”

The blast, she said, also left the dog’s teeth loose, severed her tongue, and broke her pallet, which stretches across the roof of her mouth.

Jason Darke claims that after arguing with the officer, he eventually received a police escort to an emergency veterinarian, where Flash received about $1,900 worth of care to stabilize her, including repairs to her tongue, after an officer allegedly gave the veterinarian approval to send the charges to the City of Westland.

“She was in pain, but she was still walking around,” said Jason Darke. “I thought, why not giver her another chance.”

According to Ridener, he has not been able to confirm that an officer authorized such an expense and added that none of the officers would have been authorized to accept the charge.

“Preliminarily, we’re still investigating,” said Ridener.

He said that his recommendation would be to not pay the veterinary bill because he believes the officers “didn’t do anything wrong.”

The Darkes disagree.

“It’s just very scary—it could happen to anyone,” said Lisa Darke. “She’s not mean; she’s not vicious. Why would they shoot her? I’m afraid to even let my dog out unless I’m right there, watching.”

Ridener challenged that viewpoint.

“In May of ’07, this dog got loose and bit a 15-year-old kid on the arm,” he said. “It has a history of aggressiveness.”

He also said that Darke’s dog was in violation of the vicious dog ordinance, a Westland requirement that mandates that pit bulls be leashed, muzzled and in an enclosed pen even when they are in their own backyard. The use of lethal force is standard procedure in pit bull attacks, he said, since less intensive options—such as MACE—tends to be ineffective.

Although the decision to treat rather than put down the dog came when Darke said that he believed the police would be absorbing the cost, he said that he doesn’t regret the decision to try to help the 5-year-old pet recover.

“I’m glad I waited,” he said. “I’m glad I didn’t euthanize her. The vet said the prognosis is excellent.”

As of Tuesday, a written veterinary estimate from an area clinic, which was provided by Darke, placed the cost of the necessary future treatments at between $1,947 and $2,272, including treatments for palate repair, the removal of the broken teeth, and repair for the fractured lower jawbone.

If necessary, Darke said, he is prepared to take legal action against the city in an effort to force them to cover the expenses although he said that he hoped things wouldn’t have to go that far.

“I just want her fixed,” he said.

http://www.journalgroup.com/Westland/6493

Join the Discussion

Reader comments [10]

Dec 2, 2007 | 11:57 AM
mastiff lady:

I would hope the city doesn’t cave in and pay to keep this animal alive. I am a dog lover, have raised mastiffs for over 20 years, and I know that it the owners responsiblility to follow the rules (proper caging law that was broken) and keep the public safe. It is not the responsibility of the city to keep the animal safe. When dog owners take responsibility for their animals we will stop having incidents like this happen. It is sad, but dog owners must realize that a dog is a dog and will always think like a dog. They all have teeth and all dogs can bite, in the right situation.
mastiff lady

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Dec 11, 2007 | 7:40 AM
Cheryl Darke:

The police officer told the vet the city would pay before the doctor would even look at the dog. They came into my completely fenced yard by opening a gate. No flashlights,no announcement, with all guns drawn. They joked about how they almost shot each other! If Jason had been aware of their presence he would not have let the dog out. They need to pay for the dog’s care and people need to know this could happen to them. Flash goes for surgery wed am. The cops are liars.

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Dec 15, 2007 | 12:33 AM
Annoyed:

This is terrible. To think that the police can go into YOUR yard and shoot YOUR pet and act like its the animals fault for protecting its HOME. As far as the animal biting a little girl awhile ago. I am sure that was recorded however did the police officer really know that when they fired the weapon right at the dogs face. This is disgusting and the police officer should be fired and the city should pay for the animal to be fixed. Its very sad that the most police work this city does is shoot innocent animals that are in their own yard. Oh and there is no mention of the guy that got away who was about to rob someone they forgot to mention that.

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Jan 2, 2008 | 8:10 PM
Vince Berna:

Not surprised
What gave the cops the right to go trampling through someones yard , in the dark , with out first notifying the home owner ? 2. Why didn’t they tasher the dog , the love using their tashers for everything else , if it works on humans , why not the doggie , instead of shooting her. I agree with the owner and the city should pick up the tap for medical care. The dogs previous behavior has nothing to do with the present circumstances. The cops weren’t invited into the yard . And , I bet they never caught the bad guy? I’m surprised they didn’t call out the swat team – two cops – one dog , very dangerous !! Who was the aggressor , the dog or the cops , the dog probably didn’t like a gun being pointed at her. All she seen was an intruder in her yard and she doesn’t understand english.Put down your teeth or we’ll shoot !!
This home owner got sucked into a bad situation , because of someone elses actions , where’s the justice in that , especailly for the dog.
The dog was doing what comes natural , she was protecting her turf. I don’t blame the drakes for being pissed , if this happened to my dog , someone would have a big problem. No one is above the law , even cops! !! They should also pay for pain and suffering for the dog !! Just because it’s an animal doesn’t mean it doesn’t have feelings. In retrospect , could this situation have been handled differently and saved everybody the aggravation ??

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Jan 22, 2008 | 9:23 AM
jb:

Its not the dogs fault! He was protecting his territory and in his own yard. Poor judgement on the police was the cause, and now they try to cover up and twist the story. I don’t want cops in my yard without my approval. If they go in yards unannounced then this is what they can expect.

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May 12, 2008 | 6:58 PM
Jennie:

I own a pit.Sweetest dog ever. My 3yr. old grandson can do anything. Protecting yard is her job. Totally police responsibility. Fight it all the way.

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May 22, 2008 | 4:36 PM
Kyle:

As is usual in the vast majority of these types of police misconduct cases , local , “rinky dink” law enforcement is once again determined to be acting out of control , wantanly roaming, at will , thru tax paying citizens back yards, at night , without cause. Why can’t we learn lessons from England and ban firearms for common law enforcement, allowing only the elite and well trained teams that are called to serious crime scenes to be equipped with guns. The right to freely bear firearms is for the citizens, not rogue law enforcement who think and operate as if there are no consequenses to their actions, just because they belong to the largest, organized gang in the free world. I’m a conservative Republican , I want government out of Our lives and backyards uninvited.

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May 31, 2008 | 3:54 AM
C. Hoskins:

Pit bulls or just dogs in general, are left in their yards with nothing to do! Dogs aren’t just for protection, and they shouldn’t take the place of a person who dosn’t want the responsibility of maintaining a safer home, verses sitting in front of their TVs… These kind of issues are too frequent here in norwayne, (a low-income subdivison of westland).

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Jun 4, 2008 | 9:52 AM
dog lover:

I feel bad for the dog, I own two myself. But for all the complaints about officers tramping in your yards uninvited I ask if it were your house being robbed would you want the police to stop chasing the criminals in order to knock on doors for permission? The police were doing their jobs of aiding and protecting the citizens. Its terribly unfortunate an animal was hurt but if an officer were to come into my yard while attempting to protect a neighbor from being robbed (possibly hurt) and was to be suddenly being faced with my usually passive but now barking, growling, teeth bearing dog…I wouldn’t fault them for percieving it as a threat and using deadly force to stop it.

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Jun 22, 2008 | 3:14 AM
Westland resident:

The same people screaming about the police “tramping” thru their yards univited are the same people that would be screaming that the police aren’t doing their job if it was their house being burglarized. And as for the comments about the police not catching the robber … I’m sure once the incident at the Darke’s occured, the chase was probably halted or seriously impaired. It’s a very sad situation for a family to lose a pet, but if residents knew the increased level of crime our police are up against these days, they might be a little more appreciative and less critical. Also, if the Darke family was not following muzzle laws for that breed, especially after a prior attack, they’ve got to accept responsibility for the accident.

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