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Tuesday, September 30, 2014
BY SCOTT LEFFLER
scott.leffler@eastniagarapost.com
The owner of the dog killed by Lockport police on Saturday had told LPD that "the dog doesn't like people in uniform. It doesn't like cops or even the postman," according to city records received this afternoon from East Niagara Post through a Freedom of Information request.
Police Chief Larry Eggert had said Sunday that the dog, known as Junior, had bitten another police officer prior to the incident Saturday in which the dog bit two police officers before it was shot and killed by LPD during what was to be a response to a trespassing complaint.
That previous incident happened March 22, 2012 when Officer Eric Morgan responded to 326 South Street to serve a subpoena.
Junior was seized at the time time by Lockport's Dog Control Officer Joannie Black pending a dangerous dog complaint hearing in City Court.
That hearing was held March 27, 2012. City Court Judge Thomas DiMillo ruled that the dog was, in fact, dangerous and ordered Smith to:
Further documents reveal that Junior bit a man in 2010.
The complainant, Kevin J. Horton, 77 Main St., had told patrol that he was "walking down Washburn Street when a medium sized dog ran up and bit him. Mr. Horton attempted to pet the dog when it bit his left arm. Mr. Horton struck the dog several times before it let go of his arm and ran away. Mr. Horton has never seen the dog before nor could he remember where the dog ran to, its breed, or the color of it."
Horton later changed his story, saying that he had shown up to Smith's house — who he referred to as a friend — "wearing a ski mask and the dog started barking at him and then bit him."
Another complaint filed against the animal — this one on Oct. 27, 2013 — states that the landlord of 335 South St., told police that "his tenant at 335 South Street has a pit bull there and has conducted dog fights. He stated that he advised the tenant to get rid of the dog as the dog is not the tenant's and is not supposed to be there."
Patrol went to 335 South St. at the time but did not see Junior on the premises.
"Patrol did speak with Mr. Smith who stated that the dog did have scratches from another dog but not from dog fights conducted by him," the complaint states.
No charges appear to have been filed at the time.
Another document — a bill from Grand Island Small Animal Hospital, 2323 Whitehaven Road, Grand Island — shows that the dog was billed Monday for an autopsy of the dog. The original bill was for $993.21, which included cremation/burial, but a revised bill without cremation/burial totaled $744.86.
Results of the autopsy were not included in the documents received.
RELATED: Documents received from the Freedom of Information request included police narratives. Read them later word-for-word.
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scott.leffler@eastniagarapost.com
The owner of the dog killed by Lockport police on Saturday had told LPD that "the dog doesn't like people in uniform. It doesn't like cops or even the postman," according to city records received this afternoon from East Niagara Post through a Freedom of Information request.
Police Chief Larry Eggert had said Sunday that the dog, known as Junior, had bitten another police officer prior to the incident Saturday in which the dog bit two police officers before it was shot and killed by LPD during what was to be a response to a trespassing complaint.
That previous incident happened March 22, 2012 when Officer Eric Morgan responded to 326 South Street to serve a subpoena.
Patrol knocked on the door and a male stepped out on the porch and was identified as Mr. (Raul) Desantiago," an interview report from the time states. "As patrol was issuing the paperwork, a large pitbull came out of the residence and forced his way past Mr. Desantiago."
"The dog stopped for a moment and looked at patrol. As patrol stepped backward to create distance from the animal, it lunged up at patrol and bit into patrol's vest locking onto the medical pack in the outside carrier. The dog began to shake his head and locked down on the vest."
"Patrol began striking the dog in the face with a closed fist and Mr. Desantiago began pulling at the animal to get him to release."
"The dog was eventually pulled off and secured in the house."
"Mr Desantiago went and got the animal's owner who was identified as Zachary Smith (dob 06/02/1972). When patrol advised Mr. Smith what had taken place, his response was 'The dog doesn't like people in uniform. It doesn't like cops or even the postman.' "
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A court ruling declaring Junior a "dangerous dog" was one of nine documents received by
East Niagara Post today as part of a FOIL request into the history of the dog and LPD. (ENP
STAFF PHOTO)
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That hearing was held March 27, 2012. City Court Judge Thomas DiMillo ruled that the dog was, in fact, dangerous and ordered Smith to:
- Restrain the dog by fence or leash necessary to insure the animal remains on the respondent's premises.
- When on public premises the animal shall be leashed and muzzled. The leashed animal shall be in the control of an adult.
Smith was told that any violation of the order would result in his being charged with criminal contempt.
Further documents reveal that Junior bit a man in 2010.
The complainant, Kevin J. Horton, 77 Main St., had told patrol that he was "walking down Washburn Street when a medium sized dog ran up and bit him. Mr. Horton attempted to pet the dog when it bit his left arm. Mr. Horton struck the dog several times before it let go of his arm and ran away. Mr. Horton has never seen the dog before nor could he remember where the dog ran to, its breed, or the color of it."
Horton later changed his story, saying that he had shown up to Smith's house — who he referred to as a friend — "wearing a ski mask and the dog started barking at him and then bit him."
Another complaint filed against the animal — this one on Oct. 27, 2013 — states that the landlord of 335 South St., told police that "his tenant at 335 South Street has a pit bull there and has conducted dog fights. He stated that he advised the tenant to get rid of the dog as the dog is not the tenant's and is not supposed to be there."
Patrol went to 335 South St. at the time but did not see Junior on the premises.
"Patrol did speak with Mr. Smith who stated that the dog did have scratches from another dog but not from dog fights conducted by him," the complaint states.
No charges appear to have been filed at the time.
Another document — a bill from Grand Island Small Animal Hospital, 2323 Whitehaven Road, Grand Island — shows that the dog was billed Monday for an autopsy of the dog. The original bill was for $993.21, which included cremation/burial, but a revised bill without cremation/burial totaled $744.86.
Results of the autopsy were not included in the documents received.
RELATED: Documents received from the Freedom of Information request included police narratives. Read them later word-for-word.
Send an email to news@eastniagarapost.com with "email update" in the subject line.
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Why would any reasonable citizen keep a dangerous animal in a residental area, unless the dog was meant to keep away law enforcement. It smells like there was something illegal going on. Lucky for the police officer he was wearing a vest and carried a gun. Some little child that pissed off that dog might not have been so lucky. Well done LPD.
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