Teton County Id: Family Shocked, Outraged after Deputy Shoots Pet Dog in their Yard

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Zedicus

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http://www.kidk.com/news/11676076.html

not 100% gun related, but I hope it's enough.

EXCLUSIVE: Family Shocked, Outraged after Deputy Shoots Pet Dog in their Yard

Story Published: Nov 20, 2007 at 10:00 PM MST

Story Updated: Nov 22, 2007 at 12:34 AM MST
By Nate Eaton
Video
A Teton County, Idaho family is outraged after they say a sheriff's deputy tried to murder their dog in their own front yard.

The Barboza family has owned their dog Bobby for five years. A few days ago they say a Teton County Idaho Sheriff's Deputy knocked on their door demanding to see the dog.

Leonel Barboza, Dog Owner: "He says, 'I'm here to put him down. I'm here to kill him.'"

The officer told Leo Barboza there had been a complaint Bobby had bitten someone.

Barboza: "I said, 'Do you have any proof or anything?' He says, 'I don't need any proof.'"

So Leo got the dog while the deputy pulled out a rifle from his car. They walked a few feet from the Barboza's home where Leo's wife and his three year old son were inside.

Leo and the officer tied the dog to a pole when the deputy fired three shots. The dog then collapsed. Leo's son heard the gunshots and opened the front door. Meanwhile...

Barboza: "A bunch of kids just got off the bus and they were all on the street. All the kids were watching the officer shooting the dog. My heart was broken seeing an officer killing my dog."

The deputy then got in his vehicle and drove away leaving the dog bleeding profusely from his head almost dead.

Barboza: "I came back inside with my wife and hid. We were hugging each other crying about our dog because we were gonna miss him. He's been with us for five years."

That night Leo's father-in-law, who witnessed the whole thing, had a nervous breakdown and had to be hospitalized. When the family returned home from the hospital a few days later, they were shocked to see their dog alive.

Barboza: "My wife called me up and she's like, 'Hey, the dog's alive!' I was like, 'What are you serious?' I was happy my dog was alive."

The Teton County Idaho Sheriff wouldn't say much about this case except that it's still under investigation. He also said there's been numerous complaints about the Barboza's dog. But when I checked court records, I could only find one complaint filed last year and that was dismissed.

Nate Eaton, Channel 3 Eyewitness News: "Did your dog ever bite anybody?"

Barboza: "Not to my knowledge. No."

Eaton: "And this was the first time you'd ever heard of any complaint?"

Barboza: "Yes, this is the first time. I still think about it. You know my kid thinks all the cops are bad because an officer came and shot his dog. Honestly when I think about it I get mad too and I don't trust that officer any more."

The Barboza's took Bobby to the vet. He's now on medication to get the wounds taken care of. The holes in his head will be sewn up after Thanksgiving.

The family has hired attorney Josh Garner. I spoke with him this evening and he says, "If the facts are as they appear, the deputies behavior is disgusting, troublesome, and appalling. The officer needs to be held responsible."

Several sources say the officer is still on duty and still working in the county.

If you have a comment on this story, email us [email protected] or [email protected].

To support the Barboza family legally or financially, email their attorney Josh Garner at [email protected].

:scrutiny::fire:

this is the kind of deputy that gives all the others a bad name.:fire:
 
No officer should be "shooting a dog", in their yard unless it is an immediate danger. If even 1/2 of this story is true then the officer should not only NOT be still on duty, but he should not be "still on the force".:banghead:
 
Apparently the Deputy was Suspended when the Media and the Family's Lawyer got Involved.
 
Where's PETA? Why aren't they all over this? Oh well. I am certain that there will be justice.
 
Anyone trying to shoot my dog in my own yard is an armed enemy. End of story. I don't care if it's the damn Pope.

Biker
 
For sure something's missing from this story.

Based on the facts said above, for the killing to be legal, there would have to be a court order. The owners would have the right to a hearing.

Animal control would be called to collect the dog and a vet or technician would put it down.

If the story is true, this sheriff did what he felt like and has no business being a LEO. At a minimum it would be criminal (malicious destruction of property), a tort claim for intentional infliction of emotional distress (immunity would be waived under section 1983), and animal cruelty. And both the county and the sheriff should be sued. If the lawyer's any good, the county may as well get out their checkbook.
 
The TV news interview showing the location of the shooting showed NO safe backstop, not against a ricochet into a rock in the ground. The most of the yard area where the dog was shot was ringed by other homes at a distance of 1/8th to 1/4 mile it appeared to me. On the other side was the home of the dog's owner, which the cop doesn't appear to have cleared and we know at least one kid was in it. I see no backstop safe for this situation.

That's completely in addition to the actual doggy shooting.

We had a recent report of an urban cop trying to shoot a snake out of a tree in an urban area and his stray round hitting somebody.
 
The TV news interview showing the location of the shooting showed NO safe backstop, not against a ricochet into a rock in the ground. The most of the yard area where the dog was shot was ringed by other homes at a distance of 1/8th to 1/4 mile it appeared to me. On the other side was the home of the dog's owner, which the cop doesn't appear to have cleared and we know at least one kid was in it. I see no backstop safe for this situation.

That's completely in addition to the actual doggy shooting.

We had a recent report of an urban cop trying to shoot a snake out of a tree in an urban area and his stray round hitting somebody.
 
I have to wonder about the dog owner for a moment. If a deputy shows up telling me he's going to kill my dog, my response is not to go get the dog, but more along the lines of "the hell you say.."
 
I have to wonder about the dog owner for a moment. If a deputy shows up telling me he's going to kill my dog, my response is not to go get the dog, but more along the lines of "the hell you say.."

I guess you don't exactly follow the advice given by so many on here. Just go along with the officer right then, and sue them in court later huh?
 
Obviously these actions are wrong by an on duty officer, but there is definately more to this story.

Perhaps the officer and the guy are old friends, country boys that put problem animals down and have thier whole life. Perhaps after a discussion the dog owner agreed putting the dog down was what needed to be done, helped him take the dog out and shoot it.

Obviously as an officer it wouldn't be right, and many not raised on a farm or in the country are not going to understand putting down an animal themselves rather than taking it to a vet to impersonaly accomplish the same task.

It may have just been two men that decided a pet was a danger or problem and agreed to put it down.

Afterwards the owner or family may have questioned what happened, been advised by thier lawyer to shut up and not acknowledge any of what happened, and are now playing dumb.
Perhaps they see $$ or perhaps they see an opportunity to paint a different picture that the truth. Admitting they agreed with the decision to put it down might be admitting to liability for a dog bite. Who knows what thier lawyer advised.

At the same time it could have happened exactly as is assumed, officer came out and administered his own version of the law.

We really don't have enough information to go on.

One thing is clear. The dog survived at least one and up to three rifle shots.

.223? Whatever caliber it was it sure did not perform well. A head shot at that and it lived?
 
Found an Update

http://www.kidk.com/news/11730201.html

Family Suing County; Humane Society Speaks Out

By Channel 3 Eyewitness News Team
Video
A Teton County sheriff's deputy is suspended and people across the country are outraged after an exclusive Channel 3 Eyewitness News investigation.

Tuesday night we told you about a family who said deputy Joseph Gutierrez showed up at their door, demanded to see their dog Bobby, then shot him three times.

Now Bobby's owners, the Barboza family, plans to take legal action against the Teton County Sheriff's Office after they say Deputy Joseph Gutierrez shot their dog three times and left him for dead.

Josh Garner, Barboza's Attorney: "We intend on putting the county on notice that we are serious about this and that we intend on taking some action."

This comes on the same night the Idaho Humane Society in Boise speaks out about the shooting.

Dr. Joseph Rosenthal, Idaho Humane Society: "This is an act of cruelty and to find out that later the dog was discovered to still be alive and suffering it's just an example."

Local residents are also talking about the story. Justin Frandsen says he was in the sheriff's office the night before the dog was shot and he heard deputies talking about the animal.

Justin Frandsen: "They were joking and laughing about what weapons they wanted to shoot him with and how they were gonna shoot him. At the end of the conversation, they were almost feuding over who got to shoot the dog."

Shocked by what he heard, Frandsen says he spoke up to the deputies.

Frandsen: "You guys must feel like you're real big cops, real tough guys, to have to go out and basically assassinate somebody's house pet."

Other residents think Gutierrez may have been justified in shooting the dog and the whole story isn't being reported.

Nancy Nead: "I would bet that the deputy was either protecting himself because I have hard time believe that the deputy would just come and shoot the dog without a reason."

We went to the sheriff's office and asked to talk with the sheriff and Deputy Gutierrez. They were not there. Channel 3 invites them to share their side of the story.

We have learned the sheriff's office has had multiple death threats made against them. We don't support or approve of that.

To support the Barboza family legally or financially, email their attorney Josh Garner at [email protected].
 
Ummm...wow.

If the one side being told right now is the true side of the story, someone just made a lot of money, and that whole police department needs to be replaced.

I guess I still have my Navy mentality about some things. It could just be one bad apple in the bunch, but if these folks really were joking around about it at the police station, then that represents a top-down problem...replace them all.

What totally flabbergasts me is that with three rounds, this deputy couldn't kill a dog. Of course, maybe he didn't want to...seems like the kind of guy who thinks gut-shotting the poor thing would be more fun.

Sigh.

greg
 
What totally flabbergasts me is that with three rounds, this deputy couldn't kill a dog. Of course, maybe he didn't want to...seems like the kind of guy who thinks gut-shotting the poor thing would be more fun.

I'm more amazed the dog survived 2 rifle rounds to the neck and one to the head. (watch the vid)
 
I've had guys subject to criminal prosecutions for shooting dogs that were on their property. I can just imagine the prosecutors saddling up their Moral High Horses and riding them around the courtroom if one of my guys walked onto a cop's yard and shot the cop's dog. Theft, Cruelty to an Animal, Criminal Mischief, oh, yeah, kids were within 175 miles so Child Endangerment tacked on as well. They would then wave their hands around, talk about how they are "offended" and how the community, nay, the world was endangered.

If this story is correct (not always case with the media), then I would hope the deputy Sheriff would be facing criminal charges.

BTW, what do you want to bet that the "rifle" is a poodleshooting .223 carbine? A .223 cannot even dispatch a mangy Western mutt and the Captain Tacticals and Mall Ninjas run around thinking that they possess a weapon of Real, Ultimate Power--tH3 d34dly .223.:D
 
Found More.

http://www.ktvb.com/news/localnews/stories/ktvbn-nov2307-dog_shot.2fb360dd.html

UPDATE: Dog tied up & shot by cop while kids watched

03:15 PM MST on Friday, November 23, 2007

KTVB.COM, Associated Press & CNN reports

CNN

Bobby the dog shows gunshot wounds from an incident earlier this week

DRIGGS - An eastern Idaho deputy has been suspended pending an investigation into a dog shooting.

Officials say Deputy Joseph Gutierrez shot a dog on Tuesday evening.

The owners of the animal, which survived the shooting but is being treated by a local veterinarian, say Gutierrez arrived at their home in Teton County and told them the dog had bitten somebody.

The deputy shot the animal three times.

"My heart was broken, seeing an officer killing my dog," dog owner Leonel Barboza said. "He said, 'I'm here to see your dog, I'm here to kill him.'"

According to Barboza, children were getting off the bus as Gutierrez shot the dog.

"A bunch of kids just got off the bus, and... all the kids were watching the officer shoot the dog."

The family says Gutierrez tied the dog to a pole, then shot it.

Idaho Humane Society Executive Director Jeff Rosenthal says he wants to know what happened.

"Dogs and dog owners should be entitled to due process under the law," Rosenthal said.

Court records show one complaint of the dog biting someone - from 2006, but the complaint was dismissed.

"My kid thinks all the cops are bad because an officer came and shot my dog," Barboza said. "I'm mad too. I don't trust that officer anymore."
 
Did the deputy show a kill order or was the owner summoned to a hearing on the dog?

If neither, the owner should have told the deputy to pound sand and get the heck off of his property.

If you are going to roll over on your dog with nothing but a deputies word, you will roll over on your freinds just as easy.

hints and handy helpers. Your dog is likely a lot more loyal than your friends are.
 
That wouldn't happen to my dog----not in my yard!!! SOMEONE else would get the first rifle round!!

Thank GOD the dog didn't die
 
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