Tallahassee man sues city, police officers for killing dog

Tallahassee man sues city, police officers for killing dog

7:46 PM, Feb. 28, 2012  | By TaMaryn Waters Democrat Staff Writer

The city of Tallahassee and two police officers are being sued in federal court after a resident’s dog was shot during a service call. Kyle Marshall, who was tased during the incident, is suing for $15,000 after his mixed breed dog was shot in the lung and chest.

In July 10, 2009, the incident report says Officers Joseph Azevedo and Mark Adrick responded to a call regarding a stolen dog. When they arrived and were waiting on the doorstep, the officers reported hearing Marshall say “Get ’em” to his dog who lunged at the officers.

However, Marshall’s attorney Marie Mattox said the “facts are highly disputed on what happened that day” and the lawsuit says the dog, named Smitty, “playfully and non-threateningly approached Adrick with no provocation” when Adrick kicked him.

When Marshall couldn’t “immediately gain control” of the dog, the lawsuit says Adrick drew his gun and shot him.

Deputy City Attorney Lewis Shelley said there have been three or four incidents of an officer shooting a dog on duty in the last 10 years. He said an officer may shot, kill or injure a dog if they feel they are in danger.

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