The Tribune Democrat, Johnstown, PA

February 10, 2010

Owner, neighbor dispute killing of dog during arrest

By BERNIE HORNICK

Morrellville-area residents said police wrongly shot dead a border collie, but officers contend they were defending themselves from attacking dogs as they arrested the canines’ master.

“It was very unnecessary and very cruel,” David Salvati, 46, said Wednesday after being released on $5,000 bond from the Cambria County Prison. “They can’t bring my dog back. He’s gone. What can I do?”

His dog, Boots, age 7, was among what police said were four dogs that lunged at officers arresting Salvati on Monday on charges including terroristic threats, resisting arrest and disorderly conduct.

Officer Michael Kanuch described the episode in the 205 block of Stone Street. Officers responded to Salvati’s landlady, Miriam Robb, who said he had threatened her when she asked about back rent and utility bills.

When police arrived at his apartment, they said, he yelled “No” at them and began to run upstairs from the front-door area.

“As Salvati began to resist and fight with us, four dogs came running down the steps and began to attack us,” Kanuch wrote in an affidavit of probable cause.

“One of the dogs lunged at officer (William) Killinger and was attempting to bite him. I was able to place handcuffs on Salvati while the dogs were attacking us.

“Officer Killinger then fired one round from his sidearm, striking the aggressive dog. All dogs then scattered and we were able to get Salvati out of the residence.”

Police Chief Craig Foust said Wednesday that the dog grabbed Killinger by the left arm, and that the officer had to shake off the dog before shooting it. He said Killinger was uninjured.

That’s not how Salvati remembered the incident.

“I hollered ‘No’ (to the dogs) and they went right back upstairs,” he said.

“The officer thought I was resisting arrest. He looked up the steps. He said, ‘That dog is going to bite me,’ and just drew and fired above my head above the steps.”

Salvati said the dog was not aggressive.

The chief said the officers were interviewed and the case is closed.

“Based on the circumstances, it was justified,” Foust said. “Pennsylvania dog law authorizes whatever use of force is necessary to protect themselves, others or other animals.”

Mary Miller’s 10-year-old son witnessed the shooting.

“The police had no regards,” Miller, a neighbor of Salvati, said Wednesday. “They did that in front of my kid. He busted down in tears. I’m helping him through it.”

She kept her son home from school Tuesday because of the incident.

“Why couldn’t they have maced the dog?” Miller asked.

“It makes me scared of the police department,” she said. “The police department is getting gun happy.”

Salvati said Boots is being kept outside in a plastic container, pending any inquiry from an animal-rights group.