A former Thiensville police officer who shot two dogs in Mequon, killing one, while on-duty faces a potential $500 fine for mistreatment of animals, according to court records.
The district attorney decided to issue a civil forfeiture, not a criminal charge, in the case on Aug. 5.
The former officer, Richard M. McCormick, was placed on leave immediately after the shooting on April 23 and resigned during the internal investigation. He is scheduled for a court appearance in October.
The shooting, which was first reported in June by the Milwaukee Journal Sentinel, came to light after three women – Danielle Dietz, Alicia Hegedus and Karen Bohlmann – tracked and safely trapped the wounded dog that had escaped into the woods. They named the wounded dog Ranger and nicknamed the deceased dog B.D.
Those who rescued Ranger called the decision “appalling” and “devastating.”
“It’s just really disappointing, seeing something with your own eyes and knowing that was a situation that shouldn’t have happened, that in the eyes of the justice system they don’t view it that way,” Dietz said Aug. 6.
In a memo dated Aug. 5, Ozaukee County District Attorney Benjamin Lindsay explained his decision, saying McCormick had a reasonable claim of self-defense for his first volley of shots at the dogs.
“The circumstances change when Officer McCormick paused to contact dispatch, activate his body camera, and reload the firearm,” according to the memo, which Lindsay provided to the Journal Sentinel.
“The dog is clearly incapacitated and no longer poses any reasonable threat to the officer,” the memo stated. “Officer McCormick’s decision to continue firing at the dog from over 26 feet away is not supported by any reasonable threat.”
The district attorney added that he did not issue a criminal charge because there was “little evidence that Officer McCormick intended to treat the animal in a cruel manner” and that the evidence instead showed an “unreasonable perception of continued threat.”
What happened during the shooting
Public records from police agencies and circuit court detailed what led up to the shooting and the aftermath.
According to those records:
On April 23, shortly after 1 a.m., Mequon police responded to a call for two loose pitbulls at Highland and Cedarburg Roads. The Mequon officers planned to return in the morning, when they could seek help from the humane society.
About two hours later, McCormick saw the dogs at the same intersection, outside his jurisdiction. McCormick later told other officers he thought he could get the dogs in his squad’s backseat. McCormick knew of the earlier call about the dogs, but was not responding to a new 911 call or other request for help.
Body camera footage obtained by the Journal Sentinel showed the dogs bounding toward McCormick after he opened a rear door of his squad.
The officer fired at least two shots near the ground, in what he later said was an attempt to scare the dogs. Video showed the dogs running away and McCormick continuing to fire across the road, even after the dark brown dog collapsed on the ground and howled. The other dog, which was tan, had run off into the woods.
The newly-filed court documents highlighted McCormick’s actions after the dog was on the ground. The prosecutor noted the dog at that time “no longer appears to pose any threat to the defendant” and was more than 26 feet away when McCormick then fired five more shots.
“During these rounds, the dog makes no attempt to advance and cannot run away, continuing to only whimper and cry,” the complaint says.
McCormick then took four steps toward the dog, illuminated his firearm light and laser, fired one more round, and then stated “he’s dead,” according to the complaint.
Body camera footage showed that the dog was not dead at that point. Six minutes later, after Mequon officers arrived, McCormick fired a final shot from close range to euthanize the dog.
In McCormick’s draft report about the incident, he described that one dog continued to act “aggressively” after he first fired his gun.
After the shooting became public, Thiensville Police Chief Curt Kleppin issued a news release stating the officer “remained concerned for his safety” when he continued firing after the dogs crossed the street.
In a previous interview with the Journal Sentinel, Kleppin said he was troubled that the officer had gone outside of his jurisdiction without reason and used warning shots, which are prohibited by policy.
A national expert on police-dog encounters told the Journal Sentinel there were “valid concerns” about the shooting, specifically the officer’s decision to keep firing after the dogs ran away and one fell to the ground.
McCormick previously worked for the Milwaukee Police Department, where he came under internal investigation several times and was fired.
Ranger, the wounded dog, still recovering after rescue
The wounded dog, Ranger, was rescued 17 days after the shooting
He had severe injuries. Dietz and Hegedus, two of the rescue volunteers, took him to the Wisconsin Humane Society Ozaukee Campus where a bullet was removed from his hip.
Ranger was released on June 25, and still has a long recovery ahead as he has developed fistulas from the gunshot injuries, Dietz said.
“It’s going to be a complex surgery to find that and then repair it,” she said.
She and the other rescue volunteers are collecting donations to support Ranger’s ongoing medical care through an online GoFundMe and are planning a fundraising event.
They remain willing to help police agencies with training on dog encounters and to be a resource for future rescue efforts. Still, they do not feel justice was served in this case.
“We’re not stopping,” Hegedus said. “We are going to continue to push the issue.”
This article originally appeared on Milwaukee Journal Sentinel: Ex-Thiensville police officer faces $500 fine for shooting of pit bull
Reporting by Ashley Luthern, Milwaukee Journal Sentinel / Milwaukee Journal Sentinel
USA TODAY Network via Reuters Connect
By Ashley Luthern, Milwaukee Journal Sentinel | USA TODAY Network
