RE: Is a K-9 a Cop?

No, they should not. While they are service animals, they are still animals and not people. Fortunately, Texas recognizes this and our laws provide a separate charge for interfering with police animals. It is anywhere from a class C misdemeanor (like a traffic ticket) to a second degree felony (like aggravated assault), depending on exactly what was done and the result. This allows us to recognize the importance of police animals and how we use them while still recognizing that they are animals and not people.

RE: Is a K-9 a Cop?

Police Forums & Law Enforcement Forums @ Officer.com > Officers and Law Enforcement Professionals ONLY > The Squad Room > Police K9 Central > K9 killer gets sentenced.

--------------------------------------------------------------------------------
PDAView Full Version : K9 killer gets sentenced.

--------------------------------------------------------------------------------

PHXCOP05-29-2006, 07:23 AM
A friend of mine is a handler with my dept. He lost his dog last year to an idiot and we just got 15 years for his dumb *****.

Im doing everything I can to up the ante for killing K9's in AZ but as of now all it will carry is a C6 Felony.... The lowest felony.

What are the laws in your state and how are dogs regarded where you live.

Share some knowledge....

He only got 2 years for killing the dog. He got 13 for trying to kill me and the car jacking.

We really could use the insight from other states.

.....I'm Smoger.

<<<the rest pasted from the AFN web site>>>>>>

Daniel ******* was sentenced to 15 years in prison for killing R.J., a police canine in August 2005.

****** sentenced to 15 years for killing police canine R.J.

It took less than an hour for Daniel ******** to carjack a vehicle, attempt to run down three Phoenix Police officers, including Jeff Smoger, and purposely run over and kill a police canine, R.J., last August. On Thursday, Superior Court Judge Thomas O’Toole sentenced the 25-year-old to 15 years in prison, despite tearful pleas by his family and Tarango for a lighter sentence.

“It wasn’t my intention to put anyone’s life in danger. I was a whole different person when I was on drugs,” ****** told the judge when he asked for the minimum sentence.
He also apologized to the man, whose dog he killed.
“I’m sorry sir,” ****** said to Phoenix Police Office Brian Hanania, R.J.’s handler and partner.
But Hanania, who saw ****** swerve to first try and hit Smoger, and then swerve, running over R.J., was not swayed by ******'s pleas.
“His words are just that, words. His actions say the most,” said Hanania who lives in Ahwatukee Foothills. “He’s only remorseful because he was caught.”

****** admitted that he used cocaine before he hijacked a car, and then went barreling through downtown, threatening officers and civilians with the car.
When he was cornered in an alley witnesses said ****** could have taken an open path. Instead he steered first toward Smoger, then looked at R.J. and purposely drove over the dog, crushing his spine and dragging the highly trained canine. “I failed to protect him,” said Hanania who showed the court R.J.’s small police badge that he carries with him in the pocket of his uniform.

In sentencing ******, O’Toole said that because he had been on probation for possession of drug paraphernalia at the time the crimes were committed, and because of the trauma suffered by Hanania who lost a partner and Smoger, who feels responsible for not protecting R.J. by shooting ******, that a lesser sentence wasn’t appropriate.

****** had pleaded guilty to aggravated assault, cruelty to animals, unlawful flight and car theft. Along with the 15-year prison sentence, the judge ordered four years probation when ****** gets out and ordered him to pay the Phoenix Police Department $8,700 for the death of R.J. Last week the dog park in Pecos Park was named after R.J. and a tree was planted in his memory.
R.J. was the fourth Phoenix police canine to die in the line of duty.

--------------------------------------------------------------------------------

tolleson18705-29-2006, 02:11 PM
Wow, kinda sad that RJ's killer only got a couple of years. I know that Hanania's new dog looks really good. Espeically at the recent trials in Mesa. I thought there was new legislation or something that was suppose to make police K9's a seperate class then your standard working dogs? Anyway, we can just keep trying to push for better legislation. Good luck and stay safe.

--------------------------------------------------------------------------------

PHXCOP05-29-2006, 04:30 PM
Wow, kinda sad that RJ's killer only got a couple of years. I know that Hanania's new dog looks really good. Espeically at the recent trials in Mesa. I thought there was new legislation or something that was suppose to make police K9's a seperate class then your standard working dogs? Anyway, we can just keep trying to push for better legislation. Good luck and stay safe.

Bryan and I are working on it. It's not easy.

--------------------------------------------------------------------------------

BOARDMANK9YUMA06-01-2006, 01:18 AM
Cut and paste from The Ohio R.C.

(E) (1) Whoever violates division (A) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. ***If the violation results in the death of the police dog or horse, assaulting a police dog or horse is a felony of the third degree.*** If the violation results in serious physical harm to the police dog or horse other than its death, assaulting a police dog or horse is a felony of the fourth degree. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree.

Unser the basic prison terms section, it would be punishible by:

(3) For a felony of the third degree, the prison term shall be one, two, three, four, or five years.

So best case scenario would be five years in Ohio for killing a police dog.

--------------------------------------------------------------------------------

tolleson18706-01-2006, 06:36 AM
Must be nice..... :)

--------------------------------------------------------------------------------

k9fleck06-02-2006, 01:52 PM
CALIFORNIA PENAL CODE SECTION 600.

(a) Any person who willfully and maliciously and with no legal
justification strikes, beats, kicks, cuts, stabs, shoots with a
firearm, administers any poison or other harmful or stupefying
substance to, or throws, hurls, or projects at, or places any rock,
object, or other substance which is used in such a manner as to be
capable of producing injury and likely to produce injury, on or in
the path of, any horse being used by, or any dog under the
supervision of, any peace officer in the discharge or attempted
discharge of his or her duties, is guilty of a public offense. If
the injury inflicted is a serious injury, as defined in subdivision
(c), the person shall be punished by imprisonment in the state prison
for 16 months, two or three years, or in a county jail for not
exceeding one year, or by a fine not exceeding two thousand dollars
($2,000), or by both a fine and imprisonment. If the injury
inflicted is not a serious injury, the person shall be punished by
imprisonment in the county jail for not exceeding one year, or by a
fine not exceeding one thousand dollars ($1,000), or by both a fine
and imprisonment.
(b) Any person who willfully and maliciously and with no legal
justification interferes with or obstructs any horse or dog being
used by any peace officer in the discharge or attempted discharge of
his or her duties by frightening, teasing, agitating, harassing, or
hindering the horse or dog shall be punished by imprisonment in a
county jail for not exceeding one year, or by a fine not exceeding
one thousand dollars ($1,000), or by both a fine and imprisonment.
(c) Any person who, in violation of this section, and with intent
to inflict such injury or death, personally causes the death,
destruction, or serious physical injury including bone fracture, loss
or impairment of function of any bodily member, wounds requiring
extensive suturing, or serious crippling, of any horse or dog, shall,
upon conviction of a felony under this section, in addition and
consecutive to the punishment prescribed for the felony, be punished
by an additional term of imprisonment in the state prison for one
year.
(d) Any person who, in violation of this section, and with the
intent to inflict such injury, personally causes great bodily injury,
as defined in Section 12022.7, to any person not an accomplice,
shall, upon conviction of a felony under this section, in addition
and consecutive to the punishment prescribed for the felony, be
punished by an additional term of imprisonment in the state prison
for two years unless the conduct described in this subdivision is an
element of any other offense of which the person is convicted or
receives an enhancement under Section 12022.7.
(e) In any case in which a defendant is convicted of a violation
of this section, the defendant shall be ordered to make restitution
to the agency owning the animal and employing the peace officer for
any veterinary bills, replacement costs of the animal if it is
disabled or killed, and the salary of the peace officer for the
period of time his or her services are lost to the agency.

Terry Fleck
Canine Legal Update and Opinions
www.k9fleck.org
(530) 545.2855

--------------------------------------------------------------------------------

Bigugly06-04-2006, 03:15 AM
Two to ten in Texas...I wish it was 5-99

--------------------------------------------------------------------------------

COASTIE0106-04-2006, 08:23 AM
It should be the same as assaulting a leo or killing a leo. I hope that bastard has fun in prison!!! :mad: :mad:

Last edited @ 5/5/2008 10:07 PM

RE: Is a K-9 a Cop?

While I agree with Steve on equating animals to a humans, I believe that any "damage" to police property should result in severe penalties.

However, we are talking about not just "property", but a living being, albeit a dog. These animals have been trained to protect their handler and other innocents from bodily injury or death. They have saved lives not only because of training, but also out of a loyalty. This goes beyond just a "tool".

This K-9 is a living, breathing instrument of government justice and should not be considered just a "dog"or an "animal". Just as people are equal in their humanity, the killing of a police officer in the line of duty is more serious of a crime than the killing of a citizen.

Some interesting reads below on these links.

http://www.animallaw.info/statutes/stusmi750_50c.htm

http://www.policek9.com/html/statutes.html

RE: Is a K-9 a Cop?

When a dog attacks you, you have no choice but to fight the dog.

If an officer attacks you, you could theoretically throw your hands in the air and surrender peacefully.

A dog has no brain. You cannot negotiate peacefully with a dog. You also cannot outrun the dog. You are forced to fight the dog (shoot it, for example) to save yourself.

Woof, woof.

Dog Intellect

Hi Hag,

Not sure of your point here. Dogs do have brains. If you mean they cannot think on their own, of course they can. They are trained to respond to a situation as the direct command of their handler. If the handler if attacked, they are trained to attack the perp.If the handler gets disabled, they will respond buy guarding the handler. To train, means learn commands then absorb and process those commands and then act immediately without long deliberation. That in itself says they have intellect. Police Officers are trained to respond to deadly force situations in the same way. And PO's of course have brains. At least most ;-}

So I see no difference in the overall response of a dog or it's handler, in an emergency situation.

Police Service Dogs are NOT considered to be a use of Deadly Force. Their is a lot of case law to support this. The Police Dog is supposed to PREVENT the Officer from using deadly force.

Dogs ARE trained to hold the perp. As long as the perp stops resisting, the dog is trained to stop it's aggressive behavior. You are correct that the perp cannot negotiate with a dog, because the dog is only doing the bidding of the handler and is trained to respond to the handlers commands only. The dog will be called off once the perp complies (negotitates) with the handler.

There is a lot of research on Dog Intelligence. Their intellect and complexity is breed dependant. Some dogs can learn and process over 200 words. Dogs can also process complex emotions in themselves and of their human handlers.

RE: Is a K-9 a Cop?

Russian police K-9:
http://fotki.yandex.ru/users/policemagazine/view/39666/

===================

"Защищать и служить"

"ПРОФСОЮЗ МИЛИЦИИ" журнал профсоюзов милиции России

http://www.policemagazine.ru/

Last edited @ 1/16/2009 12:53 PM