Dog’s death raises questions about when cops need to use deadly force on animals

Dave Folker got a call at work Monday afternoon from his teenage daughter telling him there was a note on his front door from the Tooele County Sheriff's Office. The note said a sheriff's deputy had shot and killed the family's dog Bones, a two-and-a-half-year-old Doberman Pinscher, shortly after Folker had left for work that morning.

Folker, who lives on an unfenced three-acre plot on Campbell Road in Erda, said a neighbor had called police after noticing the dog running around without its owner present. The responding officer, Deputy Keith Borders, felt threatened and shot the dog in the chest with his gun, according to Tooele County Sheriff Frank Park.

"It was on my property, on my lawn," Folker said. "I can see the officer's justification, but there's got to be a better way to handle the situation."

The Folkers have owned Bones since he was born, and said the dog doesn't have a violent history.

"The most he's ever gotten into was some garbage cans," Folker said. "He's never bitten anyone."

The shooting was the second this year in which an allegedly vicious dog has been killed by officers in Tooele Valley. In late January, undercover drug task force officers raided an Overlake home and ended up confiscating several types of illegal narcotics. A pit bull inside the residence was shot multiple times when it was said to have attacked officers following their entry.

Park said his officers are authorized to use whatever force is necessary in animal control situations.

"Normally we try to do it without hurting the animal in any way," Park said. "But on occasion we do have to use deadly force."

Tooele County's animal control department is small, with only one officer based in Tooele to cover the entire county. However, Park said all of his officers are trained to handle all types of calls about animals, and typically carry a baton and mace.

"Officers use the same procedures in handling animals that they do in handling people," Park said. "They can't run in and pull a gun if there's not a threat."

Debra Bush, animal control supervisor and director for the Tooele City Animal Shelter, said this time of year is the peak season for animal complaints because more animals are outside due to warming temperatures. The shelter employs two well-trained animal control officers who typically handle all animal-related calls while they are on duty. Calls come in directly from the public, dispatch, or local police officers who feel they need assistance.

"When I took over this job, animal control had no protection," Bush said. "But now we have utility belts, bite sticks, and OC spray."

Bush said a bite stick, or a retractable baton, is the first line of defense. The next step would be OC (oleoresin capsicum) spray, which is a pepper spray that is more effective on animals.

"It's up to the officer as to what they will go for depending on the situation," Bush said. "We always tell officers that if they feel like their life is in danger, do not hesitate. Police officers have every right to use a gun."

Bush said when animal control officers are off-duty, Tooele City police officers typically respond to animal calls, although she added that many are not fully trained to handle aggressive animals and may not understand the signs animals give before attacking.

Bush said new training recently approved by Chief Ron Kirby will aim to fix that scenario. She has been assigned with creating a syllabus which will be implemented shortly. Training will include learning about animal control procedures, animal behavior, how to deal with an injured animal, dealing with aggressive animals and evidence gathering in relation to animals.

"Dogs talk in amazing body language," Bush said. "If people understood dog body language then there would never be a bite."

Problem animals captured by officers in Tooele are held at the shelter. Owners have to pay a fine before their pet will be allowed to leave.

The county is not equipped with an impound facility. All animals brought in by sheriff's deputies are transported to the Tooele Veterinary Clinic operated by Dr. Joe Roundy.

"We have a strict leash law in Tooele County that says animals can't be out running around," Park said. "Of course, owners can pick pets up, but they usually will have to pay an impound fee."

Folker wishes the incident with Bones had only resulted in an impound fee.

"I would have been much happier to pay a fine rather than have my dog dead," Folker said. "I had to go pick him up from the Humane Society and bury him."

Contact Jamie Belnap: jamieb@tooeletranscript.com