Too bad most law enforcement agencies test prospective officers’ proclivity to question.

A Faithful Friend is Lost

“For the soul of every living thing is in the hand of God….” Job 12:10.

One who has not known the unconditional love, devotion and companionship of a dog is one who has not lived. My grandson and son knew this kind of love and devotion in their dog, Nemesis. Nemi was only 2 ½ years old when an uncaring, selfish and heartless individual decided they would take her life by shooting her. She had no chance against an evil force she knew nothing about. I wonder what she must have thought and how she must have felt when the bullet entered her body. She had never been mistreated by anyone and only knew love from us. This cold, cruel and insensitive individual could have sought other means to run her away rather than take her life. You know who you are and you have to live with what you did. You took a life. Yes, it was a four legged creature, but one that was created by God and given to us to love and care for. Nemi was strong enough to drag herself home and allow us to bury her where she had run and played with her brother and had so many fun filled days with my grandson. All too soon snuffed out by someone who obviously does not know the meaning of love. How could you be so cruel to do this to one of God’s most precious creatures? One who protects, loves and asks for nothing in return other than a kind word and a pat on the head. Why did you do this? Why? How do you tell a little boy that someone shot his dog? What do you say? Maybe you need to be the one to tell him what you did. The one thing I know in my heart is that a day will come when my family and I will be reunited with Nemesis again and she will run to meet us, tail wagging so glad to see the ones she loved here on earth. She will rollick again with her brother like she used to do. She will know no pain and not ever have to worry again about being hurt and feeling the excruciating pain of a heartless person.

I think we’re out of court in Texas on negligent infliction of emotional distress too. In Boyles v. Kerr, 855 S.W.2d 593 (1993) the Texas Supreme Court explained ,”we hold only that there is no general duty not to negligently inflict emotional distress. Our decision does not affect a claimant.s right to recover mental anguish damages caused by defendant.s breach of some other legal duty.”

Good point. Negligent emotional distress is a possibility but this is a discretionary act by an officer. It would be hard to get beyond immunity challenges.

JT

I think a civil suit is problematic on many fronts, not the least of which is the limit on damages imposed by the law’s insistence that pets are merely personal property. Sovereign immunity is a concern too. I doubt if any damages could be obtained for negligent infliction of emotional distress given the lack of of physical injury to the owners, and intentional infliction is probably out the window given the driver’s conduct and the officer’s obvious reason to stop the vehicle. Proving that the delay in treatment would have made a difference in the pet’s outcome is tough too.

This is a classic case where the law provides little to no remedy. It is the responsibility of those in charge to remedy this matter, and I see very little responsibility being taken. The law is not a perfect remedy and it is not a substitute for maturity, judgment, training, or compassion.

“This was not our finest hour,” Williams said. “It was not handled right by our officer, but whether there was a violation of our policy that is subject to punishment, I don’t know.”

He said the officer has been “counseled” by supervisors…”

***

ie it’s well known – he screwed up BIG time – not to worry…

If we expect the police to treat everything on a Case-by-case basis, maybe we should be prepared to do the same with them.

As demonstrated above, the story of the death of a Black child was second to that of the death of a dog.

I was going to suggest that people like this poor woman don’t stop and just continue driving to the hospital, but I think Cops like these would have dragged her out of an Emergency Room anyway.