A Token Investigation? - The Investigation into the Death of Harley the Dog

Just a few short weeks ago, my dog Socrates ("Soci") was hit by a car and killed after he escaped from our back yard. Though neither my wife nor I saw the accident, we had to deal with the devastation of losing our baby boy, who had been a fixture in our lives for just short of a decade. The images of carrying his lifeless body back to our home will forever be etched into my mind.

Today, our home is not the same....

The driver who struck him left the scene. Despite the fact that our residence was just 2 houses away, on the other side of the street, nobody knocked on our door, or approached either of us as we walked -- panick stricken -- back and forth along our street calling his name and shinning a flashlight into every yard we passed. We didn't even discover he had died until the next morning, when a neighbour received the flyer posted by my wife and made what was obviously a difficult telephone call. To make matters worse, our puppy suffered the indignity of having his lifeless body stored in a garbage bag in a strangers garage. He was picked up off the road after the driver who hit him vacated the scene. Suffice it to say, we are still reeling from the loss....

When I read the story about Mr. Shields and Ms. Dunne's golden lab, Harley, being kicked and killed by an off-duty police officer, I was flooded waves of emotion.

http://ca.news.yahoo.com/s/cbc/canada_calgary_calgary_police_officer_dog_death

http://calgary.ctv.ca/servlet/an/local/CTVNews/20090707/cgy_dog_kick_090707/20090707/?hub=CalgaryHome

I have some appreciation for how angry and upset they must be. At one moment, Harley was with his family, the next he we was dead. Given Harley apparently died within 30 seconds of being struck, I imagine he must have been in considerable distress as the unnamed, off-duty police officer walked away. Though I am concerned about the officer's reaction, objectively speaking, I must agree with Deputy Chief, Trevor Daroux who commented: "it's difficult to speculate in an emotionally-charged situation why people do what they do." Though we have high expectations of police officers, it is important to remember, they are people too.

Objectively speaking, if the evidence demonstrates that the officer was defending his own dog from Harley, then he cannot be faulted for doing what he did. Surely the officer could not be expected to measure the nicety of his blow in defence of his own animal? But at the moment, we really have very little detail about what actually transpired. Suffice it to say, the case needs to be diligently investigated. It is with respect to the investigation that I have some concerns. To this end, consider the following hypothetical questions:

If Harley's killer was an ordinary fellow who coldly left the scene after kicking the animal, I wonder whether the police decision to hold-off charging would have been the same? I wonder whether Det. John Dooks would still characterize the man as "...the victim"?

http://cnews.canoe.ca/CNEWS/Canada/2009/07/08/10062126-sun.html

Moreover, had the man not been a police officer, I wonder whether Mr. Dooks would even make such a comment before the investigation was complete? I mean isn't the investigation fairly important to determining who "the victim" really is? Given Harley is a dog, who only knows how to be a dog, isn't he a victim no matter how the investigation turns?

Equally troubling are Rick Hansen's comments about the incident on the QR77 Morning Show with Bruce Kenyon on July 8th, 2009? Rather than making a more appropriate, less deterministic statement, such as: "I can't comment on the situation until the investigation is complete" or "I will leave it to the good judgment of experienced investigators and prosecutors to determine whether charges will be laid", Mr. Hansen says people "rush to judgment" and that he doubts there was any intent on the part of the officer to hurt the animal. Surely Mr. Shields and Ms. Dunne have a different perspective on the incident? Again, before pre-determining whether there was any intent or not, isn't it important to allow the investigation to properly run its course?

Given comments by the Police Association President and Calgary's top cop, I openly wonder whether this investigation is predetermined? Can you say nepotism?

Whatever the case, whether this police officer is vindicated or not, in my opinion, it still takes a cold human being to walk away from an animal in distress -- especially one that is distressed because you put your boot to it....

By way of final comment , there is an important lesson in this tragedy. All canine owners (including myself) should be highly diligent ensuring that their dogs are leashed. Had Harley been leashed, he would probably still be alive. Had my dog been leashed, he would probably still be alive too....

David G. Chow
Criminal Defence Lawyer
www.calgarydefence.com