There is a pending prosecution in Maryland that continues to shock the animal rights community, and others. Baltimore police officer Jeffrey Bolger has been charged with animal cruelty for maliciously killing a family’s 7-year-old Shar-Pei, Nala. Bolger allegedly threatened to “gut” the dog and then slit its throat.
Nala had escaped from owner Sarah Gossard’s yard on Saturday through an open gate and a nearby neighbor Sandy Fleischer tried to check the dog’s tags, but Nala nipped her, causing a superficial wound. Fleischer then called police. She later said that the nip was her fault and that the dog was just scared and reacted when she tried to touch it.
The police arrived and corralled the dog and then secured her with a long dog-control pole. That when things turned horrific. Fleischer said that the police officers are being unnecessary cruel to the dog before it was killed by twisting and hurting the dog. One officer had his knee on the dog’s chest. She said the the dog was whining in pain.
Witnesses said that they heard Bolger say “I’m going to fucking gut this thing” as he got out of his cruiser. Bolger then pulled out a knife and slit Nala’s throat as Officer Thomas Schmidt held her down. Witnesses say that the dog was already immobilized against the ground. Moreover, the knife was not police issued which suggests that it was Bolger’s privately owned weapon.
BPD Deputy Commissioner Dean Palmere insisted that “Officers were appalled by what they saw, as were other citizens.” After the charges against Bolger, prosecutors secured an indictment against Officer Thomas Schmidt. Schmidt is accused of holding down Nala as Bolger slit her throat.
Bolger is now suspended without pay and faces with felony counts of aggravated animal cruelty, animal cruelty and malfeasance in office. His trial is set for July 28th, but I have been unable to locate any reports of the trial actually beginning (suggesting that it may have been postponed). If anyone has an update on the trial, we would be interested in following the case.
There is also a possible tort lawsuit that could be brought for negligent infliction of emotional distress, negligence, and damage to property. In the United States, pets remain chattel and their pain and suffering is not actionable. Instead, the pet is valued at their replacement cost. Damages are secured through the pain and suffering of the owner by being such torts as intentional or negligent infliction of emotional distress. The fact that the owners were not present at the time of the killing could make the latter more challenging. Moreover, the negligence of the owners in allowing Nala to escape would be raised. Nevertheless, the horrific response by the officers would likely overcome the defense claims with a jury. While the police department did the right thing in suspending both officers, it would still be potentially liable under respondeat superior for the actions of the officers. A rogue officer defense will likely not work in a situation like this as a complete defense. The post hoc response however could have an impact on damages against the department.
Update:
http://www.wbaltv.com/news/officers-attorneys-want-prosecutor-thrown-out/27776276#!bO6pNW
Simms – this is an interesting move, but not sure the prosecutor can be called in the case except to impeach the witnesses. And I am not sure how that disqualifies him/her. If the defense ‘invokes the rule’ the prosecutor either stays and does not testify or leaves and is a witness against them. Which do they want?
Nick,
What’s what professional option on BTK, next door neighbor serial killer?
Now Darren Whitey may have had his faults, but it helps when your brother is the speaker of the house….. And that you’re working as a inside man for the FBI…. I don’t condone what the man did, but if you’ll see the comparison to Manuel Noriega…. When the US no longer had use for him they captured him, brought him to the US to stand trial for things he did with aid and assistance of the US…. It’s a tricky house of cards we use…..
AY – you seem to forget that the FBI agent who was running him also did prison time. This was a rogue operation in which Bulger was actually running the FBI.
I have watched that Iceman documentary. I have been up close and personal w/ sociopaths. That is a word thrown around cavalierly by some. But, if you want to understand what a sociopath is really like, watch the Iceman doc.
If the charges are proven this officer’s actions are depraved. One would have to wonder what kind of force he uses against suspects.
I wonder if a role model of Officer Jeffrey Bolger was Whitey Bulger.
Meet the Iceman. In childhood he started killing cats for sport. Then……
When they are convicted I will be impressed.
“When the payout comes from the general fund there’s no financial incentive to consider risk instead of Spartans advance.”
Good post Bailers,
That statement would apply to any entity but most especially government. If government only risks house money then any bet will do.
Both of these guys need to find a new line of work when they get out of jail.
In the time that it takes to write a comment:
http://www.baltimorepolice.org/contact-us/send-us-an-email/email-form?emailto=PAO
Hang these two next to the guy who shot the dog with the arrow. Use a thin piano wire and slowly winch them up.
I can only imagine these same words and actions being taken with a suspect restrained by these officers, but without witnesses, and without repercussions
Cops need to police their own or have citizens start policing them.
Mama, I agree. But I put the blame at the top of a department that seems to often only pay lip service to the citizenry the are sworn to protect. I’m not going to blame the bad apples when the farmer doesn’t show much interest in getting rid of them. And the effect is more bad apples. Excessive force is tolerated, attitudes like famously put on display in the Wash Post a few weeks ago of “obey me or get hurt”, and shooting dogs at the first hint of them acting like, well, a dog, aren’t squashed by the leadership.
I think the number one thing that could be done to reign in this kind of behavior from the bad actors out there is to make the police department budget take a hit from court judgement against their officers. When the payout comes from the general fund there’s no financial incentive to consider risk instead of Spartans advance.
Is Maryland one of those few states which do not have Police Certification? That is a statutory system whereby each cop has to be certified to practice the cop business and can be decertified if they commit any crime or for other reasons like eating too many donuts and getting fat like the schmuck in the photo. It was my understanding that NY, Mass, and New Jersey still do not have a cop certification law on the books. Not all statutes are the same.
In this instance we want fatso to be decertified so he can not be a cop in that state again or in any other state which has the statute in place. Both igPays need to do some time in jail for this. The fatboy in the photo needs to lose some weight. The two cops can both be sued for violating the civil rights of the property owner (dog owner) under 42 U.S.C. Section 1983. That puts the case in federal court and gives some distance between the parties and some favoritism which might be shown by a state court judge in fatso’s own county.
Pathetic bullies. Disgusting.
What would happen if the Gestapo children were being shot like this. Would they open concentration camps for the non government employed private citizens?
It seems that the police department is suitably appalled at this example of cruelty. I hope they react with similar actions when the victim is a human.
I’m not inclined to consider all law enforcement officers sadists, psychopaths, or even just garden-variety nut cases, but there seems to be an inordinate number of police-involved animal cruelty cases coming to light lately. This one is the most egregious I’ve read, and I’ll go out on a limb and say there’s something clinically wrong with a man who cuts the throat — evidently with some pleasure — of a small dog already under control. I’m looking forward to updates on this case.
America’s finest.