ETX officer disciplined in death of K-9

[bcoop]

And "the police" didn't make the decision to not prosecute the officer, the Criminal District Attorney made that choice. I can assure you, the police department does not run the DA's office.

No, the police doesn't run the DA's office. But that comment is asinine. They have heavy influence at the DA's office, more so than anyone else next to the DA.

As for jewozzy - lookie. You're wrong again. Man was arrested in SA for this very thing. And this also happens more often than you think. A quick googled pulled up 4 service dog deaths locally in the last year.

[JP135]

Those who believe if a a citizen kills a police dog he can be charged with killing an officer aka Capital Murder are incorrect. NOBODY stands to be charged with a Capital Felony (a crime punishable by death or life in prison) for the death of an animal. Nobody. Don't let emotion cloud your thought process.

It pisses me off that the dog died due to neglect of the officer charged with his care. He (the officer) is being given half a month off without pay.

And "the police" didn't make the decision to not prosecute the officer, the Criminal District Attorney made that choice. I can assure you, the police department does not run the DA's office.

[03trubluGT]

The dog locked himself in the car. It was suicide.

[jewozzy]

I'm sure it was unintentional, but it was grossly negligent.

no arguments here...

[jewozzy]

Oh I see, it doesn't happen often and when it does people aren't convicted anyway, so he shouldn't even be charged. Interesting thought process.

shouldn't be charged because it doesn't fit the crime. apparently the da of that county agreed...

[LS1Goat]

I'm sure it was unintentional, but it was grossly negligent.

[Broncojohnny]

im saying it is rare that you will find it happening here in texas. several are making it sound as if it is something that happens often. i will be surprised if you are able to find a case where the person was convicted.

Oh I see, it doesn't happen often and when it does people aren't convicted anyway, so he shouldn't even be charged. Interesting thought process.

[jewozzy]

Texas Penal Code - Section 38.151. Interference With Police Service Animals




Yup, just an animal... oh wait...

Stevo

so you are able to prove to a jury what reckless is? i dont disagree that it was stupid and the handler should be punished. put in jail though?!? no!

[jewozzy]

So it's not in Texas, but if I looked I could find an article that there have been cases in Texas, but you're original argument doesn't count anyway now, because now it is dependent on mental state, instead? That's quite a complicated deflection, Officer.

im saying it is rare that you will find it happening here in texas. several are making it sound as if it is something that happens often. i will be surprised if you are able to find a case where the person was convicted.

[stevo]

all of you are confusing the culpable mental state needed for any of the obsurd charges you want. it was an accident involving a dog not a human. if it were a human then charges would be appropriate. the reason people are charged with crimes when killing k-9's is because they are trying to kill it not from an accident.

you guys are a trip...

Texas Penal Code - Section 38.151. Interference With Police Service Animals

§ 38.151. INTERFERENCE WITH POLICE SERVICE ANIMALS. (a)
In this section:
(1) "Area of control" includes a vehicle, trailer,
kennel, pen, or yard.
(2) "Handler or rider" means a peace officer,
corrections officer, or jailer who is specially trained to use a
police service animal for law enforcement, corrections, prison or
jail security, or investigative purposes.
(3) "Police service animal" means a dog, horse, or
other domesticated animal that is specially trained for use by a
handler or rider.
(b) A person commits an offense if the person recklessly:
(1) taunts, torments, or strikes a police service
animal;
(2) throws an object or substance at a police service
animal;
(3) interferes with or obstructs a police service
animal or interferes with or obstructs the handler or rider of a
police service animal in a manner that:
(A) inhibits or restricts the handler's or
rider's control of the animal; or
(B) deprives the handler or rider of control of
the animal;
(4) releases a police service animal from its area of
control;
(5) enters the area of control of a police service
animal without the effective consent of the handler or rider,
including placing food or any other object or substance into that
area;
(6) injures or kills a police service animal; or
(7) engages in conduct likely to injure or kill a
police service animal, including administering or setting a poison,
trap, or any other object or substance.
(c) An offense under this section is:
(1) a Class C misdemeanor if the person commits an
offense under Subsection (b)(1);
(2) a Class B misdemeanor if the person commits an
offense under Subsection (b)(2);
(3) a Class A misdemeanor if the person commits an
offense under Subsection (b)(3), (4), or (5);
(4) a state jail felony if the person commits an
offense under Subsection (b)(6) or (7) by injuring a police service
animal or by engaging in conduct likely to injure the animal; or
(5) a felony of the third degree if the person commits
an offense under Subsection (b)(6) or (7) by killing a police
service animal or by engaging in conduct likely to kill the animal.

Yup, just an animal... oh wait...

Stevo

Close but not tx shouldn't taken 10 seconds. I'm not saying you won't find any but the mental state isn't there for what y'all want...

So it's not in Texas, but if I looked I could find an article that there have been cases in Texas, but you're original argument doesn't count anyway now, because now it is dependent on mental state, instead? That's quite a complicated deflection, Officer.

[Broncojohnny]

Close but not tx shouldn't taken 10 seconds. I'm not saying you won't find any but the mental state isn't there for what y'all want...

[Forever_frost]

Is he really saying it doesn't happen?

[jewozzy]

Boy, that took almost 3 seconds to google.

http://abclocal.go.com/kabc/story?se...ire&id=8204774

Close but not tx shouldn't taken 10 seconds. I'm not saying you won't find any but the mental state isn't there for what y'all want...

Blah close to the A.



Show me cases in tx of similar instances being animal cruelty...

Boy, that took almost 3 seconds to google.

http://abclocal.go.com/kabc/story?section=news/local/inland_empire&id=8204774