Published January 11, 2008 09:30 am -
Dog owner suing city
Woman says police used excessive force
By D. E. Smoot
Phoenix Staff Writer
A woman whose family pet was shot and killed by a Muskogee police officer is suing the city and four police officers in federal court.
Yvonne Todd said she was reaching down to calm Shelby, her 6-year-old Saint Bernard, when one of the officers shot her dog in the head.
“The thing I remember most is seeing that black circle in my face,” Todd said about the barrel of the officer’s gun as it swung toward her dog. “It happened so fast there was nothing I could do, and they (the police officers) acted like doing away with my dog was just a big joke.”
Police said they were responding to reports of gunshots when they arrived in March at Todd’s apartment. Witnesses said they heard no gunshots until after police arrived and Shelby was shot.
Muskogee Police Chief Rex Eskridge defended his officers, saying an internal investigation found the officers “did what they did in order to protect themselves.”
According to the lawsuit, which was filed Monday in the U.S. District Court of Eastern Oklahoma, some of the police officers at the scene “used excessive force” in shooting the dog and then trying to subdue Todd after the shooting.
“They tightened the handcuffs too far, they hit her, kicked her, they threw her down, and they stomped on her back,” the complaint alleges. “Plaintiff suffered numerous injuries because of the defendants’ actions, some of which require ongoing medical care ...”
Other officers, the complaint alleges, failed to intervene on Todd’s behalf or report the alleged use of excessive force and frustrated her attempts to file a grievance with city officials.
Todd never was charged with any crime after police detained her during the investigation of what Eskridge described at the time as a rather serious domestic dispute.
A woman who witnessed the shooting told the Phoenix last year that police grabbed Todd by the arm after she opened the apartment door and ordered her to control her dog. Elizabeth Garcia said a police officer shot Shelby in the head before Todd had time to react to the officers’ commands.
Police have said the officer shot the dog in self-defense. But Todd said Shelby was a popular dog among children, who looked forward to seeing the Saint Bernard each year in area parades. Todd said the dog was friendly and never had shown signs of aggression.
“She was barking that day because they (police) grabbed me and was holding me against my will,” Todd said. “Sure she is going to bark then.”
Garcia said her granddaughter, who was 2 years old when the shooting occurred, played with Shelby all the time.
“That dog never has been aggressive,” Garcia said. “There was no reason for this.”