Turnbull’s fiancé, Chris Gordon, said that Berger was less contrite when the family called and asked him if he came to their home and killed their pet. He said that Berger responded with “Yup. Any questions?” Berger later also said that the uproar was about nothing and “most of the people think it’s rather silly” when “there’s such uproar about a chicken.”
The hen was given as a present to Phoenix Turnbull, 5, on his birthday.
Berger appears to view a proper response as including clubbing a small red hen with a shovel and decapitating it. He said that he was trying to respond to the complaints of a “frustrated” neighbor about the chickens running loose. Turnbull’s neighbor, Dick Rierson, brought pictures of Turnbull’s muddy poultry pen to the August city council meeting and later said that he objected to chicken living “in filth like that” and that such conditions could attract rats.
Berger said that he had to try for roughly ten minutes to catch the hen. After getting the other fowl into the cage, he “dispatched” the chicken in order to show Rierson “some results.” He said that he decided not to use his gun because children were playing nearby.
Berger insisted that his actions were legal.
Berger at the time said “I’m sorry it had to happen that way” and that leaving the severed head was really not meant to send a message. He thought it was still attached to the body when he took the carcass. However, it did not “have to happen” at all. I was not aware of police carrying out impromptu executions when a family has been notified of a violation.
Berger was asked earlier this year to present a proposed ordinance to allow chickens in the city. It will be presented at the meeting where this incident is to be discussed.
As for the neighbor, Rierson is quoted as saying that, if killing the chicken was the only way for the police chief to address the problem, “then I’d say he’s doing his job.”
I suppose that the family should be thankful that Rierson did not complain about truant or trespassing children.
Source: Twin Cities
Kudos: Michael Blott
randyjet:
Before we convict the homeowners of animal abuse, we have to ascertain what happened. All we have to go on is:
“He said that he was trying to respond to the complaints of a “frustrated” neighbor about the chickens running loose. Turnbull’s neighbor, Dick Rierson, brought pictures of Turnbull’s muddy poultry pen to the August city council meeting and later said that he objected to chicken living “in filth like that” and that such conditions could attract rats.”
If they were “running around loose” that’s also known as “free range” (outside of factory farms, that is, where free range means 2 square feet of space.) Were they in their own back yard, or was there no fence, and they were walking around and pooping on the neighbor’s yards? That would be annoying, and could certainly be rectified without killing the birds. If they have ducks, well, that explains the mud. Ducks can make a mess. Again, easily fixed.
It is not typical nor allowed for police to kill livestock for code violations. I have personally witnessed the removal of horses from a severely neglectful condition, and the police and animal control wrestled those untrained horses into trailers at great personal risk, over the course of the entire day. One officer was injured. And yet they did not lose their cool and harm these animals in any way. I’m pretty certain a little red hen posed less trouble. I have also known people who volunteered to help animal control remove animals from a backyard butcher’s house of horrors. Again, none of the animals were killed or harmed in the removal.
And you can adopt livestock, including poultry and rabbits, from animal shelters. Some get adopted into pet homes, and some likely go into a pot. Fighting roosters are typically euthanized. So it is not correct that animal control officers eat all hens when their owners violate zoning laws.
Karen – I was once trapped in my house by the neighbor’s rooster. It would attack me every time I went outside. I would have to call them to get it.
I keep a small flock of organic free range hens. I typically buy either day old chicks, or let my broody hen hatch fertile eggs. If you get day-old chicks, they imprint on you as their “mom.” One of my hens closely bonded with us, and would follow my little boy around like a dog. Although they’re not the sharpest knife in the drawer, they can and do become pets. Even if this little red hen was not a pet, there is no excuse for a police officer to kill any livestock when responding to a minor code violation.
And, furthermore, it’s about time we removed these intrusive restrictions on gardening in our front yards, or landscaping with native plants instead of lawns, or keeping a few hens. I understand restricting roosters in suburban areas (because they do crow ALL DAY starting at the tiniest crack of dawn), but not a few hens. Urban farming and urban hen houses are rising in popularity, and zoning needs to catch up. Happy hens barely make any noise, besides a few seconds after they lay, when they brag. And, yes, keeping chickens can attract rats. So does grass seed and berry bushes. Keep your feed in a secure can, and rat-proof your run.
I feel so sorry for this little boy. What a betrayal of his trust. We need our kids to run to police if they need help, and their parents are not present, not instill fear and mistrust at such a young age.
No excuse.
Karen, I restored your comment at 11:53.
You know that this could be covered in two way, the property was grandfathered in for these types of animals or under the Right to Farm Act, also known as coming to the nuisance.
In as much the COP did not have the authority to summarily abate the matter without a court order.
Spot on Liz.
I’ve decided that I’m not going to focus on the cop today. The malicious slaughter of an inconvenient animal is business as usual. Sick, but standard.
The person I’m pissed off at is the neighbor, and all the people like him. He’s a “call the cops” guy, somebody who thinks it’s appropriate to call in the police to settle some trivial slight. At least half the time we hear about the cops showing up and acting like tools, the impetus is a “call the cops” guy, usually a middle-aged Caucasian self-righteous jerk/busybody.
The guy they shot at the Wal-Mart? That started with a “call the cops” guy. The kids that were building a tree fort when the cops rolled up with guns drawn? That was a “call the cops” lady. The guy who was crushed to death outside the movie theatre earlier this year? “Call the cops” guy.
What “call the cops” people don’t get is that cops go from zero to kill mode in half a second, and the idea of de-escalation is alien to them.
As Mike Appleton indicated, the right of the owners to due process appears to have been violated.
@ Paul
“there was no indication that the place was a health hazard except for the annoyed neighbor.”
I didn’t say that there was a health hazard at that location. I was responding to the question as to why, in general, why people are not allowed to keep chickens in a residential area. The law or ordinance says you can’t have chickens. In other areas it is not an issue. Either change the ordinances through the proper channels, or move if you feel that strongly about ducks and chickens on your property.
“Is there some evidence that the yard was inspected by health officials and deemed unsafe?”
That isn’t pertinent. That is not an issue. The authorities don’t need to do an inspection. They were in violation of the ordinance by having the fowl. HOWEVER, that does not justify the killing of the animals by the police or the police circumventing the due process.
I’ve just taken a look at Atwater on Google. Yes, it is residential, but it is hardly built up. I don’t see that a few hens would be more of a nuisance than a dog or cat.
“….chickens are normally considered FOOD, not pets.” Trust me, randyjay. If your child gives a chicken a name, ti’s a PET.
But, Raylon wouldn’t kill a chicken, just bad guys!
MikeA, I bet the Chief fashions himself another Raylon Givens.
randyjet:
The issue is not the right of the chicken; it is the right of the owners to due process of law. A court can enforce its orders with a contempt citation and can order the removal of the fowl. That is the role of the judiciary, not the chief of police. In this instance, he wanted to “show some results” to the neighbor. Really? He thinks that he has to answer to the complaining party? What nonsense.
Paul, I did not know the latter.
Mike A, The Sheriff was like the Judge Dredd of the chicken yard.
Nick – bat guano is great for both fertilizer and gunpowder.
The police chief clearly exceeded his authority, unless the town of Atwater has determined that its police should be permitted to confirm the existence of an offense, summarily determine the guilt of the suspect, make an ad hoc decision on an acceptable penalty and immediately impose the punishment. Eliminating the judiciary sure can save a lot of time.
Nick – it is high in nitrates and higher prized by weapons makers.
Michaelb – if what you say is right, that the Council were going to consider the issue of whether chickens should be allowed, was this a pre- emptive strike to make sure the decision went against? Is the result of the meeting known?
I FEEL that defecate would be a more civil term.
Bailers, Chickens in Madison are not w/o problems. They have been legal for 10 years. And, s you might expect, there are MANY RULES and a permit is required. Going back to the very knowledgeable DBQ who stated roosters are a problem, well they are not allowed in Madison. You can have no more than 4 HENS for egg purposes. Raising and butchering chickens is not permissible. The complaints to the City usually involve illegal butchering and people not cleaning their coops. Chickens shit a lot. An old black guy told me chicken shit is great for growing tomatoes. We all know what bat shit is great for growing!
on 1, September 3, 2014 at 2:12 pmPaul C. Schulte
DBQ – there was no indication that the place was a health hazard except for the annoyed neighbor.
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I FEEL I must agree with Paul here. 🙂 Paul this might be a Turley blog first!