RutlandHerald.com - We Are Vermont

Vt. jury acquits cop who killed dog

10:35 a.m.



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By JOHN CURRAN
Associated Press Writer - Published: November 18, 2009

HYDE PARK - A Vermont jury has acquitted a police officer charged with animal cruelty for fatally shooting a neighbor's dog.

The jury in Vermont District Court in Hyde Park began deliberating Tuesday afternoon after Michael Wootton described the April 30 dog fight that preceded the shooting.

Five hours later, the jury returned acquitted Wootton.

Earlier, Wootton testified that he shot the dog to save the life of his own dog.

Taking the stand in his own defense, Wootton said he believed his 15-pound pug, Yoda, would've been killed by the other dog, an 80-pound pit bull mix named Hooch.

He said he saw his dog in Hooch's mouth and decided to shoot him, believing nothing else would separate them.

"My dog was dying. My dog was dying," he told prosecutor Joel Page.

Wootton said he went into his house and got a .45 caliber pistol - not his service weapon - and fired one shot at Hooch, killing him. He then called Vermont State Police and told them what he'd done, saying he believed the dog's owners would be upset when they got home and found out.

Page suggested that with his law enforcement training, Wootton might have shot to wound the animal instead of shooting to kill, but Wootton said he was taught to aim for the largest part of a subject's body. "The fear of losing my dog, of Yoda dying, is what drove me to pull the trigger," he said.

Wootton was put on administrative duties by the Essex Police Department while the charge was pending.

If he were convicted, he could have received one year in prison, a $2,000 fine or both.








READER COMMENTS


AJP,

"Government conspiracy nuts." Oh, that's nice. Is that your slang word for people who are getting FED UP with cops getting away with criminal behavior, simply because they are cops?

There is no law in Vermont that says your dog needs "to be in control" when it's on its own property. What does that even mean?
-- Posted by Ned Frost on Sat, Nov 21, 2009, 12:08 am EST

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I am certain what everyone is calling a FIGHT, was not.

A 80 pound dog would have made a meal out of the 15 pound dog in a matter of seconds and there would not have been anything that would have even resembled a FIGHT, a Masacre maybe , but most certainly not a FIGHT.

"He said he saw his dog in Hooch's mouth and decided to shoot him, believing nothing else would separate them.

Wootton said he went into his house and got a .45 caliber pistol - not his service weapon - and fired one shot at Hooch, killing him."


Now really, don't you all think that the time he claims he saw his dog in the mouth and then he decided to go into his house and fetch a gun. Was he not on the other people's property? So he had to leave their property and get back onto his and then enter his home, find his gun, load it and then go back out and go back over to the other property and then shoot? WOW! I have no doubt that if the 80 pound dog had intended to KILL that 15 pound dog (usually the intent in a FIGHT) it would have happen before he had time to even leave the property.

Big Dogs will kill smaller dogs in a matter of seconds with out anything even resembling a fight.

Maybe he should have had a fence around his own yard and kept his dog there.

Does the City have leash laws?

I do not think for a minute that if his 15 pound dog only had minor wounds that this was a result of a fight but more of a result of a BIG dog playing too rough with a little dog. Heck a Milk Bone would have probably made the Big Dog drop the smaller dog. Of course who would want to try a Milk Bone when there is a gun nearby?
-- Posted by Name Change on Fri, Nov 20, 2009, 1:45 pm EST

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WHAT HAPPENED IS HORRIBLE FOR BOTH PARTIES INVOLVED DO NOT SLAM THE OFFICER FOR KNOWING THAT HIS DOG WOULD OF BEEN KILLED WHAT WOULD YOUR REACTION BE??????? IT IS BECAUSE HE IS A POLICEMAN AND THEREFORE THE OUTRAGE..I UNDERSTAND....MY DAD WAS A POLICEMAN AND MY BROTHER WAS TO................ I HATED THE THOUGHT OF THEM BEING POLICE OFFICERS.... FEAR FOR THEM ...... FOR WHEN THEY WERE CALLED OUT WE NEVER KNEW IF WE WOULD SEE THEM AGAIN.....
-- Posted by Pam Anderson on Fri, Nov 20, 2009, 9:42 am EST

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I walk my 80 pound lab about 6 miles a day. She is always on a leash (4ft) and very well behaved. The dogs I worry about most and the ONLY ones that have ever attacked her are what I call "ankle biters"; those 5-6 pound dogs that yap, bark, snarl and squeal like pigs. And what's up with people who have those 25 ft retractable leashes thinking that me and my dog want to socialize with your yappy, aggressive little **** of a dog? If we are obviously walking a wide swath around you, retract the freakin leash and stay the hell away from us. Duh.
-- Posted by SC Boy on Fri, Nov 20, 2009, 7:57 am EST

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CF, the big dog was shained on its own property, the pug came over and the fight occured. The pug was loose.

As far as big dogs and pugs, I own 2 german shep's and a pug. The pug seems to think it's HIS domain all the time and controls what the big dogs do. Pugs are very aggressive when it comes to other dogs.

I am sorry for the family that lost there pet and as for the cop that's trigger happy?....Put your Pug on a runner or pen and keep it in your OWN yard.
-- Posted by Rebecca Brown on Fri, Nov 20, 2009, 7:38 am EST

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There is not enough information here for me to understand this event.

What land did this occur on?

Were they leashed?

Were they chained?


Without the information it is difficult.

But I will say this...

80lb dog .... 15lb dog...

I've seen a 100 lb Rotty eat a 10 lb pug once... It's not a pretty sight. I chased after the Rotty with a bat and attacked him until he left the pug alone. It was too late. He broke the pugs back and internal bleeding was occurring. The pug was put down.


Animals will fight... But your animals should be trained to socialize and atleast know the difference between a threat and a non-threat.

An animal fighting another 1/2-1/8th it's size for no other reason other than to JUST DO IT... Is a serious problem. That truly is a psychological problem with that animal.

I well behaved, trained, and tempered Rotty, pit bull, or even German Shepard can understand when there life is not in danger and will not attack a small animal even if it is attacking them out of fear.
-- Posted by CF Reality on Thu, Nov 19, 2009, 11:19 pm EST

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LOL... Silly retard.

If it's only a dog! Why was he angry?

If it's only a dog! Then what was the problem?

If it's only a dog! Then why was he upset?

If it's only a dog! Then why did he pull the trigger?


"It's only a dog".... Only a retard would use that statement after someone became emotionally unstable during a dog fight. And then used deadly force against the dog terrorizing his dog.

By your accord. If it's only a dog. He should have let them both fight til the end... correct?

A true pet is a companion. And can be loved, and spoiled, as much as a child.

Anyone that say's... "It's just a dog (pet)".... Is quite disturbed. And I'd bet if they have any pets. They are not loved and possibly treated poorly.

A lot of people think like you.. "It's just a pet".. but after spending years in jail for animal abuse and neglect. They soon realize they were wrong.
-- Posted by CF Reality on Thu, Nov 19, 2009, 11:08 pm EST

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So I think that if the shooter was just some poor slob neighbor with the small dog
all you government conspiracy nuts would be on his side . saying the idiot with the big dog should have had his dog in his control. Which is the law in Vermont you know.
And as far as the large dog "playing" with the small dog and dogs of different sizes don't fight. ain't so.
My room mate took my german sheppard out for a walk one day and my sheppard killed a 15 lbs dog with one bite, picked him up and chrushed him.
So the playing could have turned deadly in an instant..
-- Posted by AJP on Thu, Nov 19, 2009, 7:10 pm EST

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"it's only a dog" -- but today a neighbor's dog...tomorrow, the neighbor himself?

When authority runs amok, it must be checked. This is the basic principle that the US was founded on.
..
-- Posted by mark on Thu, Nov 19, 2009, 3:05 pm EST

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Relax, folks, its only a dog!
-- Posted by None None on Thu, Nov 19, 2009, 7:33 am EST

None None, that's cold! The deceased dog was a member of someone's family and they deserve consideration.
-- Posted by Comfy Anon on Thu, Nov 19, 2009, 11:01 am EST

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Good point by "steve nunya" regarding the prosecutor. Officials like to band together against us, the peasantry. They are not "public servants," that's for sure. They serve themselves.
..
-- Posted by mark on Thu, Nov 19, 2009, 10:22 am EST

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An important thing to remember is that when a case goes to criminal court, the victim is the State. As in "State of Vermont vs. Cop who shot dog". "The people" are not considered.
-- Posted by None None on Thu, Nov 19, 2009, 10:21 am EST

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I see a future for him at Rutland PD; he seems like a perfect fit.
-- Posted by FDR None on Thu, Nov 19, 2009, 10:20 am EST

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[in best Kanye West voice:]

"Vermont police doesn't care about dog people."
-- Posted by Son Of That Guy on Thu, Nov 19, 2009, 10:03 am EST

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I think most of you are missing something essential about this verdict... the prosecutor. The only reason this off-duty police officer was charged with "animal cruelty" at all was the public outcry immediately following the shooting. The prosecutor went through the motions to placate the public but it's obvious he never intended to put forth a case intending to get a conviction.
If it had been the other way around, the person would have had all kinds of charges including reckless endangerment, "The State" would likely have spent months preparing the case, have all kinds of expert witnesses, Pug specialists, animal medical professionals testify regarding the wounds to the pug, psychiatrists, behaviorists, criminal profilers, charts, diagrams, DNA, etc., ad nauseum. The trial would have gone on for days. There would be a conviction.
Because the person was also a police officer none of this was done.
Here's a thought; When someone is convicted of a crime and they can prove to a court judge that their attorney did a crappy job, the court can determine that the person received "ineffective assistance of counsel" and receive a new trial. "The People", you and me and especially the victims in this case should be able to appeal this verdict with the same pleadings to a Superior Court or to the Vermont Supreme Court.
The question follows that while although that sounds right and appropriate, who will, or at least should pursue the case for "The People" if the one person who is supposed to represent "The People" failed to do so? The Attorney General?
Sadly I don't see that happening. It's all hypocritical double standards.
-- Posted by steve Nunya on Thu, Nov 19, 2009, 8:14 am EST

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Relax, folks, its only a dog!
-- Posted by None None on Thu, Nov 19, 2009, 7:33 am EST

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How about a garden hose?

How about shoving your thumb up the behind of the bigger dog?

How about keeping your dog on a leash or in your own yard?

How about maybe it wasn't a fight, but rather a play routine, after all a 80 pound dog would have killed a 15 pound dog in far less time that it took to run in a get the gun, load it and run out and fire it.

I don't know of too many real dog fights that had such a difference in size. Usually a fight to the death with dogs is with dogs close to equal size. Rough play should not be confused with death fights.

I had two Big Dogs and they would get into what appeared to be vicious fights with each other, when it was over, no blood, not even missing fur it was more like sparring.

I love the way the system seems to be protecting these Cops who go around shooting other people's pets on their own property when in fact it is their dogs who were to blame for intesgating.

Shooting in City Limits is ok for cops for defense of a pet? Remember that folks when it comes time to protect your pets. What is good for the Goose is good for the gander.
-- Posted by Name Change on Thu, Nov 19, 2009, 7:27 am EST

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W T F ? I'd really like to know what the jury was thinking, and how the acquital came to be.
-- Posted by ANDREW CHAPLEAU on Thu, Nov 19, 2009, 6:16 am EST

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figures,what else did you really think was going to happen? they all get off no matter what. when was the last time you saw a cop be held accountable?????
-- Posted by mitch davis on Thu, Nov 19, 2009, 6:11 am EST

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Comfy anon,

You would do the same thing? Your wimpy little dog runs onto someone else's backyard and gets attacked by the dog that has a RIGHT to be there, and you shoot that dog? You have got to be kidding me.

Is there anyone left in this country that gives a rat's behind about property rights? I know cops don't-- that's a given. But to hear a citizen try to rationalize this abhorrent behavior is sickening. Get a clue.

That cop had NO RIGHT to shoot that neighbor's dog. The dog was doing what dog's have done since they have been domesticated-- protect their master's property. Although in this case, it was a matter of a pit bull mix going after something small and running around, which is what terriers do. It appears Hooch wasn't even trying to hurt the small dog.

The only time you have any rational business shooting a neighbor's dog while it is on its own property, is when it is attacking a human being. Even then, firing a gun at it while it has a hold of your child is probably pretty foolish.

That's when it's time to be a man and physically beat the dog until it is properly subdued. Not hard to do when it's your own child in harm's way.

Just another worthless cop thinking he can get away with whatever he wants-- because they usually do. Some day one of these macho men will ******** someone who stands up to bullies and who has nothing to lose.
-- Posted by Ned Frost on Wed, Nov 18, 2009, 9:49 pm EST

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Dogs do occasionally get out. If I were in this guys shoes; my dog got out, ran to a neigbor's house and was being eaten by the neighbors dog, I would do the same thing. It has nothing to do with being a cop. It has to do with being a human being witnessing the mangling of a member of his family and realizing that it is going to be fatal unless it is stopped. It is terrible that the other larger dog was killed and I am willing to bet that Mr. Wooten is suffering over his decision, but it was made in the heat of the moment and he did what he thought was right. When it was over, he called the police immediately and owned up to what he did and he went to court and faced the consequenses. It is a terrible and sad thing that happened. My condolences to all involved.
-- Posted by Comfy Anon on Wed, Nov 18, 2009, 9:07 pm EST

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I welcome this cop to come to my neighborhood..his dog would be gone in a minute..
-- Posted by steph roundy on Wed, Nov 18, 2009, 6:29 pm EST

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Well did you realy think it would go any other way. These POLICE type people are getting away with MURDERING our pets trampling around in OUR yards any dam time they feel like it. Its time we all rethink how honorable these police are my FREINDS!!! Arm your selfs the worst is yet to come.
-- Posted by Wayne Davis on Wed, Nov 18, 2009, 6:28 pm EST

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I'm not surprised. VT is a state gone wild with governmental heavy-handedness. Whether a neighbor's dog, or a troubled man in a Brattleboro church, VT police will open fire with near certitude of being let off the hook.

..
-- Posted by mark on Wed, Nov 18, 2009, 6:25 pm EST

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I am appalled that the jury is letting an officer of the law get away with such a crime. It is stated as fact that he was in his neighbors yard, what was he doing with his dog on their property! Furthermore, why wasnt his dog leashed?? Let some fool come on my property with their MUTT and my dog is protecting HIS property, see how well the state would fair then, I would sue the officer, the town and the state for all they are worth! SHAME ON THE JURY FOR LETTING ANOTHER OUT OF CONTROL OFFICER COMMIT CRIME! If it anyone else not in the position he is in we would be in JAIL and paying the hefty fine! WHAT HAS HAPPENED TO BEING HELD RESPONSIBLE FOR YOUR ACTIONS? OOPS I forgot, everyone else is responsible....my daddy beat me when I was a boy so I will go and shoot your dog for you!!!!!!!!!!!! Sickening is what this is!
-- Posted by cheryl fogarty on Wed, Nov 18, 2009, 3:52 pm EST

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Step on my property and shoot my dog, please officer. Lets see what happens then, the cop's will be called because we will be having a mexican stand off. My property is my property, your dog came onto my property, my dog's property! This an officer is a joke and the jury should be ashamed of this ruling. Just another officer getting away with crap, that the normal joe would not.
-- Posted by david vanguilder on Wed, Nov 18, 2009, 3:36 pm EST

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How about the fact that it was the officer's dog that was not on a leash ???? He should have been watching his dog and maybe had the dog been on a leash it would have stayed out of the neighbor's yard. He ought to be ashamed of him self.
-- Posted by no no on Wed, Nov 18, 2009, 2:25 pm EST

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another officer off the hook. what a surprise.
-- Posted by m mattell on Wed, Nov 18, 2009, 1:48 pm EST

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This is such a tragic story. As a dog lover and owner for two dogs, dog fights are scary. Ours have had their fair share, and I can understand the officers desire to save his dog. I would go to the ends of the earth for mine, but I too agree that he had other options. Maybe shoot the dog in the leg so he would drop the pug. Yes, his training told him to aim for the largest part of the body, but how many officers (not necessarily in vermont) have killed people that they could have simply wounded, to keep them from posing any more of a threat.
-- Posted by Stephanie Gibson on Wed, Nov 18, 2009, 1:46 pm EST

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You have to wonder what might happen sometime down the line if the cop's kid goes to the neighbors' yard and picks a fight with the neighbor boy. Will Officer Dad come out and shoot the neighbor kid?
-- Posted by None None on Wed, Nov 18, 2009, 1:16 pm EST

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this is just disgusting. I am sorry but I would like to know if his dog was 15 pounds and the other dog was 80 and so vicious, then I wounder why his tiny dog only had a few scratches on it if the other dog was violently shaking him like the officer said he was (on wcax) there was others around did he yell for help i am sure there was other options available. and why the stomach to make that dog suffer. The officer stated HIS dog was on the other property hm where is his responsibility to keep his little dog in his own yard and in control. I hope the family of the other dog can sue him, not the it will bring HOOCH back.Now this idiot will be back at work.
This isn't right
-- Posted by Michelle Burnett on Wed, Nov 18, 2009, 11:40 am EST

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