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Title: Kansas Cop Kills Army Veteran’s Service Dog, then Issues him Two Citations
Source:
Photography Is Not a Crime
URL Source: https://photographyisnotacrime.com/ ... 0Army%20Veteran%27s%20Service%
Published: Apr 18, 2017
Author: Ben Keller
Post Date: 2017-04-19 10:51:28 by Deckard
Keywords: None
Views: 19020
Comments: 131
A Kansas cop shot and killed the service dog of an army veteran who suffers from PTSD on Thursday, according to the Daily Haze. Augusta police officer Devon Keith says he was forced to shoot Alan Fitzgerald’s dog “Midnite” claiming the dog charged an animal control officer after ramming a door until it opened – making the animal control officer fear for his life. But Fitzgerald said his dog didn’t do anything wrong and officer Keith shot him for no reason. Alan Fitzgerald and his service dog, Midnite, before a cop shot and killed it. Neighbors who witnessed the shooting said the animal control officer was the one who opened the door and began acting aggressively towards the dog before shooting it. Augusta police, along with animal control, showed up at Fitzgerald’s house Thursday afternoon after a neighbor called to complain about a German Shepard. Fitzgerald said Midnite got out on Thursday, presumably chasing rabbits and cats as he often did. Midnite ended up several mobile homes down from his home, hovering over a neighbor’s small dog. “It’s how he plays,” Fitzgerald explained. Fitzgerald talked to the small dog’s owner, who said the smaller dog wasn’t hurt, just “shaken up” from Midnite towering over it. Things settled and Fitzgerald returned home and was in the shower when he heard Midnite bark and then gunshots. “All of a sudden, I heard this pound pound pound on the screen door,” Fitzgerald recalled. “And I heard Midnite barking, obviously he’s going to bark because he’s guarding the house. All of a sudden then I heard shots fired and I heard my dog screaming in agony.” Fitzgerald came out to see what was going on only to have a gun pointed at him inside of his own house. “I got halfway out the door, and about right here where this crack is, there’s an officer standing with his gun pointed at me. I said ‘what are you guys doing here, why did you kill my dog?’ he said, ‘Get on the ground’, I said, ‘I’m not gonna get on the ground so I went inside and slammed the door,” he told KSN. August Police Chief Tyler Brewer defended officer Keith. “The animal control officer felt in fear for his life,” the chief said. “These officers feel horrible for having to do that.” According to chief Brewer, when the animal control officer knocked on the door, Midnite answered. “The front door was open but the glass screen door was shut,” Brewer explained. “The dog rushed and hit the glass of the screen door and startled the animal control officer.” Officer Keith was forced to shoot Midnite when the animal control officer fell off the porch, hitting his head, trying to bite the officer, according to Brewer. Midnite But Fitzgerald’s neighbor Charmin Drake says the dog got out because the animal control officer actually opened the door, not Midnite, then entered without a warrant and began kicking and even hitting Midnite with a baton. After beating the dog, officers went outside and shot Midnite. Then they issued Fitzgerald two citations for having a vicious animal. Fitzgerald rescued Midnight in 2015 and obtained an ADA service dog certificate, which required the dog to pass behavioral tests without showing signs of aggression, and said he had Midnite for his PTSD. “Whenever I was having some sort of episode of oncoming anxiety, he knew what to do. He’d come up and nudge me or do something silly. He’d turn over on his back and give that little smile, you know, that dogs give. I’m just going to miss all of that.” Check out the Daily Haze interview with Alan Fitzgerald below. Poster Comment: “The animal control officer felt in fear for his life,” the chief said. Of course he did - the frigging sadistic coward.
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#83. To: Tooconservative (#82)
I fail to understand Deckard, he is a complete idiot.
Hmm...that doesn't sound like a trained service animal to me. It seems that "Beware Of The Dog" sign on the front door was there for a reason: a known aggressive biting dog was on the premises. I notice the police chief said they couldn't find a record of any state certification of the dog as a service animal. So it isn't clear if this was a lawful service animal or if he just had some training but didn't get certified (because he was too busy biting kids and cops to finish getting certified). Apparently, Kansas has a law against claiming a dog is a service dog unless the dog is fully certified. The chief says they're investigating and hasn't ruled out filing charges on the service dog certification issue.
At the 04:00 minute mark, I liked the clock chiming: cuckoo, cuckoo, cuckoo... Seemed a fitting background sound. In the "interview", the guy sounds guilty. He didn't protect his dog and he didn't control his dog. I bet this dog has a lot more history than these articles are telling us.
Some interesting comments made by Alan Fitzgerald on the video. At 1:02 Alan stated this dog darted out the door [to chase a rabbit or cat]….so the dog had charged through the door before. In a newspaper report [and I can’t find where again] a police officer said they had trouble there (at Alan’s residence) before (did no say with the dog). as best as I remember. This is obviously confirmed [that the police had been to the Firzgerald residence before] because at 5:07 Alan Fitzgerald said: There was a private call coming through on his phone. I knew it as them because they always call that way. I repeat, Alan said: I knew it as them because they always call that way. I wonder if the police “always call that way” because of a problem with the dog, a problem with Alan’s PTSD, or another problem with Alan or someone else at the residence. So, this would indicate that Alan and the police were no strangers to each other….that is an apparent conclusion. At 3:43 Alan said he heard banging on his door and then he heard shots. I did not pause between those two statements. So, there is no way of know the time line between the knock and the shots. The way Alan told the story makes me question the neighbor’s eyewitness statement that the police officer opened the door and went in.
I just posted someting below to indicate that same thing. Interesting.... It seems, by his own admission, he was no stranger to the police. "I knew it was them, they always call that way."
Exactly. Notice the mention of the chief when he said they sent a cop with an animal control officer because in one (or more) previous calls to that address, a lone animal control officer wasn't enough. Maybe the animal control officer in this dinky burg knew this dog and had good cause to be afraid of him.
I came to the conclusion some time ago, that people throw the term "service dog" around far too loosely.
Fitzgerald rescued Midnight in 2015 and obtained an ADA service dog certificate, which required the dog to pass behavioral tests without showing signs of aggression, and said he had Midnite for his PTSD. Hey, Deckard, listen to the video in the link, you will hear … KWCH12: Alan tells me the previous incident with Midnite - the dog bit his teenage nephew at El Dorado lake last summer, and the teen had to get stitches but was okay. Well, Bubba….that DEBUNKS the Hell out of your “service dog trained to be non-aggressive bullshit….doesn’t it? You are so pathetic….always defending a lost cause, only because you hate the police so much that you can never be objective about anything involving them.
I think you are correct. You also noticed that Alan said there was absolutely no problem with the neighbor lady and Midnite. However, the Chief said they received a call about a German Sheppard running loose and Alan said 2 hours after he talked to the lady….the police was banging on his door. Who else but the lady could have called? Maybe someone, but my guess would be that it was the lady and Alan was skipping some details about the incident of Midnight with her dog.
In fairness, every neighborhood does have at least one Gladys Kravitz snooping around, calling the cops out on their neighbors. The little dog owner may not have done anything. After all, we know this dog did love to chase cats around in the neighborhood, according to his owner's confession on YouBoob. Maybe one of the cat owners called the cops out.
Yea ...
I don’t know what a Kansas ID Card is supposed to look like, but I do know this one doesn’t look official by any means … I find numerous sources on the Web where you can self-register your dog as a “service dog” and they will send you an ID Card after receiving payment.
I found this interesting….some classifications I was unaware of … That’s Not a Service Dog, But It Is a Working Dog According this information, he does NOT have a service dog. He has an … Emotional Support Animal (ESA) work with an individual who needs comfort. They require no specialized training, have no public access, and can be any species. The DOJ/HUD’s Fair Housing Act does protect an owner’s right to reside with their Emotional Support Animal in accommodations that don’t allow pets, and with proper documentation, a person can fly with their ESA.
Apparently, Kansas has a law against claiming a dog is a service dog unless the dog is fully certified. The chief says they're investigating and hasn't ruled out filing charges on the service dog certification issue. What he has is … [….] “Service dog” means a dog which has been specially selected, trained and tested to perform a variety of tasks for persons with disabilities. These tasks include, but are not limited to: Pulling wheelchairs, lending balance support, picking up dropped objects or providing assistance in, or to avoid, a medical crisis, or to otherwise mitigate the effects of a disability. The presence of a dog for comfort, protection or personal defense does not qualify a dog as being trained to mitigate an individual’s disability and therefor does not qualify the dog as an assistance dog covered under the provisions of this act. [….] FRAUDULENT REPRESENTATION I think I read that he already received 2 citations….with Chief checking on his “service dog qualification” he may be receiving another.
I guess after reading this story I wonder how this dog got certified to be a service dog when it seems to be so aggressive? Then I notice you just register a dog and it becomes registered as Service Dog. To me it sounds like a scam to me. Kinda of a backdoor get to take my animal anywhere and you can not object! Landlord you can not say a damn thing but you still are liable for aggressive dogs actions!!!
I was thinking that this story of a service dog being aggressive sounded funny to me. Looked it up and all you have to do from what I have seen is just fill out paperwork and you can get any animal certified. I thought to get certified as a "service dog" you had to have real training but I guess not. This is a landlord, business owner and insurance nightmare.
Fitzgerald rescued Midnight in 2015 and obtained an ADA service dog certificate, which required the dog to pass behavioral tests without showing signs of aggression... Someone is lying. I know you think so but people do not go around shooting nice dogs just because they feel like it.
I too became intrigued while participating on this thread to learn about service dogs since I basically only knew there were such animals used for special purposes. I found the same as you did and also discovered a hundred or so places online where all you do is fill out a form and pay money to register a dog in 3 or 4 different “Assistant Dog” categories. Because of the ongoing discussion on this thread, I concentrated on Kansas for information and found sites with some good info….including one with the Kansas law. What I found to be ironic is that you need no identification to show a dog is an assistance dog and legally no one can ask you for anything to show identification or certification. All you need do is say the magic words “this is a service dog” and all businesses must let you in with your dog. I also found out a business owner can kick your dog out only if it becomes unruly disruptive or if it is not house broken then pisses or shits in the business establishment. I discovered something to be true that I have long suspected. While the original intended purpose of assistant dogs were necessary and noble, starting with the dogs who assist the blind, I find the concept has now been prostituted….as was the “handicap parking” procedure also prostituted. I feel sure you have seen as many situations as I have where assholes took dogs that one could see definitely did not qualify as assistant dogs into restaurants and food stores when they should not have….and spry young people placing a handicap placard on the mirror of their vehicle, only the then jump out and run into a store. Yes, it is definitely as you say: “This is a landlord, business owner and insurance nightmare.”
If I could show you want renters do nobody would ever say a thing about slum lords. Then you add in the mix of animals and you can double the trouble. Here in Texas it takes a court order to get people out of the house and the renter can tear the house to pieces before they leave and you can only take a deadbeat to court to get your money back. But since they are deadbeats you lose the damage, court fee's and lawyer fee's. Couple of bad renters back to back and you can lose it all. Don't even get me to talk about Handicap parking which is no more than quick in and out for people of certain groups who steal parking permits so they do not have to park a mile away from the store like the rest of honest hard working Americans!
Fitzgerald rescued Midnight in 2015 and obtained an ADA service dog certificate, which required the dog to pass behavioral tests without showing signs of aggression... You can do your fact checking in the U.S. Department of Justice - Civil Rights Division - Disability Rights Section – ADA Requirements Service Animals. These requirements, or rules, clarify and refine issues that have arisen over the past 20 years and contain new, and updated, requirements, including the 2010 Standards for Accessible Design (2010 Standards). You will find in that link, their bold print on how a “Service Animal” is defined, it reads: ”Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities.” You will find nowhere, nowhere, in the U.S. Department of Justice - Civil Rights Division - Disability Rights Section – ADA Requirements Service Animals has it required the dog to pass behavioral tests without showing signs of aggression... as Ben Keller proclaimed and you so boldy repeated with bold print and underline. In fact, if you check [and I will not take time right now to look it up for you]….you will find that an ADA service dog can be trained as an attack dog….I kid you not. You need to stop believing everything someone posts on the Internet and parroting what they say….again, you need to start fact checking. So, asshole, you lose again….you have been debunked royally by a “Gold Member” of the famous “Canary Clan.”
That article surprises me. I knew there was some fraud, as there is with handicapped parking tags, but not on such a scale.
Nice sleuthing through the statutes.
That was what service dogs were supposed to be. But they rapidly expanded it so people can have service parrots, service ferrets, service iguanas, etc.
Apparently, he didn't pass the no-biting-teenage-nephews-at-the-lake test.
WTF? Now you are claiming that the dog was agressive simply because SOME service dogs MAY be trained to attack? Man - you've lost what's left of your senile mind. So, asshole... Hey - go fuck yourself. OMG this reminds me I went to the store to get jack for my Trailer. There was this guy that looked like Charles Manson with a parrot. This guy was freaky to the say the least and I think he was just walking around testing to see if he would get thrown out or something. This guy looked like a if you mated Jack Sparrow and Charles Manson together and popped out a kid!!! LOL
I kinda think maybe the chief is waving that around due to legal threats by the dog owner, to cool his jets.
It's somewhat annoying to many people to have to put up with pets in public spaces and such. But to people who have severe allergies to dogs or cats or other critters, they can get sick for days from having to be around these animals or just in a business where someone brought such an animal that left its dander behind.
WTF? Now you are claiming that the dog was agressive simply because SOME service dogs MAY be trained to attack? I specifically said that an: “ADA service dog can be trained as an attack dog.” That is a true fact! Nowhere, nowhere, did I claim that “the dog [Midnite] was aggressive simply because SOME service dogs MAY be trained to attack.” Now….did I? Answer the question honestly and say: “No, Sir….you did not.” Hey - go fuck yourself. Well, if that makes you feel better after having made a complete fool of yourself and had your ass kicked….then go ahead and release your frustration. I am a “kind hearted man filled with empathy” so I can take it.
OMG this reminds me I went to the store to get jack for my Trailer. There was this guy that looked like Charles Manson with a parrot. This guy was freaky to the say the least and I think he was just walking around testing to see if he would get thrown out or something. I am dead serious, I kid you not….I saw that exact same thing a few months ago in Costco. The fellow was doing everything possible to get attention. This must be a new fad going around. Next, they will bring in a Boa Constrictor wrapped around their shoulders. I guarantee you to expect that …
Hey - go fuck yourself LOL ...
I'd say this thread is quite a success by any measure. 115 posts and counting. I'm not sure Deckard appreciates our efforts though. It is a little disappointing after all the work we put into it.
The snake would be a lot cleaner than furry animals like dogs, cats, monkeys, etc. So the allergy sufferers would probably find a boa less unpleasant. Unless it ate one of their kids.
True ... Deckard is like the old American Express commercial paraphrased … “Deckard, we can never click on LF without him.” A marvelous entertainment center….he is.
True. But some, to many, folks have Ophidiophobia….an d they could cause panic in a commercial establishment.
Hey, Deckard … Tell us again that the “ADA required the dog to pass behavioral tests without showing signs of aggression... . I need another good laugh … BTW, not only can ADA service dogs be trained as “attack dogs”….they can also be trained as “guard dogs.” Say, maybe Midnite [may he rest in peace] was trained as a “guard dog” and that is why he lunged through the door to get after the officers…he was just doing his “guard dog” duty. Ya think …
Real guard dogs are trained to never leave their fenced area. And they are often taught never to bark at all or to eat anything that isn't in their food dish. But those are actual trained and certified dogs, most often raised to do their job from the time they were puppies. So riffraff shelter dogs would not be comparable.
I notice that Deckard is conspicuously avoiding this thread today. Poor baby … Having objective facts presented from both sides of a situation can truly be a bitch to people like him. I just loved it when he kept quoting from Benn Keller as a verifiable factual authority source. And he never gave up, he just faded away. Like Douglas did …
It seems kinda ungrateful after all we and others did to contribute to this thread.
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#84. To: Gatlin (#83)
KWCH12: Alan tells me the previous incident with Midnite - the dog bit his teenage nephew at El Dorado lake last summer, and the teen had to get stitches but was okay.
#85. To: Gatlin (#82)
#86. To: Tooconservative (#82)
#87. To: Tooconservative (#85)
I bet this dog has a lot more history than these articles are telling us.
#88. To: Gatlin (#87)
"I knew it was them, they always call that way."
#89. To: Tooconservative (#84)
I notice the police chief said they couldn't find a record of any state certification of the dog as a service animal. So it isn't clear if this was a lawful service animal or if he just had some training but didn't get certified (because he was too busy biting kids and cops to finish getting certified).
#90. To: Deckard (#83)
(Edited)
This was a service dog - they are trained to be non-aggressive.
#91. To: Tooconservative (#88)
#92. To: Gatlin (#91)
(Edited)
Who else but the lady could have called?
#93. To: Tooconservative (#92)
#94. To: Tooconservative (#92)
#95. To: Tooconservative (#94)
(Edited)
#96. To: Tooconservative (#84)
I notice the police chief said they couldn't find a record of any state certification of the dog as a service animal. So it isn't clear if this was a lawful service animal or if he just had some training but didn't get certified (because he was too busy biting kids and cops to finish getting certified).
I think the Chief is correct. PTSD only qualifies a person to use/have an Emotional Support Animal (ESA) to work with an individual who needs comfort….and not an assistance [service] dog. Under Kansas Law, the presence of a dog for comfort [PTSD] does not qualify the dog as an assistance [service] dog covered under the provisions of Kanas Service Dog Laws. An Emotional Support Animal (ESA) works with an individual who needs comfort. They require no specialized training, have no public access, and can be any species. The DOJ/HUD’s Fair Housing Act does protect an owner’s right to reside with their Emotional Support Animal in accommodations that don’t allow pets, and with proper documentation, a person can fly with their ESA.
KANSAS SERVICE DOG LAWS
It is a class A nonperson misdemeanor for any person to:
- represent that such person has the right to be accompanied by an assistance dog or that such person has a right to be accompanied by a professional therapy dog
- represent that such person has a disability for the purpose of acquiring an assistance dog unless such person has such disability.
[Assistance dog” means any guide dog, hearing assistance dog or service dog].
#97. To: All (#0)
#98. To: Gatlin, Tooconservative (#97)
#99. To: Justified (#98)
I thought to get certified as a "service dog" you had to have real training but I guess not.
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#100. To: Deckard (#99)
Fitzgerald rescued Midnight in 2015 and obtained an ADA service dog certificate, which required the dog to pass behavioral tests without showing signs of aggression, and said he had Midnite for his PTSD.
#101. To: Justified, Tooconservative (#98)
I was thinking that this story of a service dog being aggressive sounded funny to me. Looked it up and all you have to do from what I have seen is just fill out paperwork and you can get any animal certified. I thought to get certified as a "service dog" you had to have real training but I guess not. This is a landlord, business owner and insurance nightmare.
#102. To: Gatlin (#101)
Yes, it is definitely as you say: “This is a landlord, business owner and insurance nightmare.”
#103. To: Deckard, Justified, Tooconservative (#99)
I thought to get certified as a "service dog" you had to have real training but I guess not.
What you have posted in bold print and underlined is simply not true. It is only something that Ben Keller wrote in the article. Asshole, you need to “fact check” these things before you do a Don Quixote for someone’s agenda cause.
#104. To: Gatlin (#94)
I find numerous sources on the Web where you can self-register your dog as a “service dog” and they will send you an ID Card after receiving payment.
#105. To: Gatlin, Deckard (#96)
FRAUDULENT REPRESENTATION It is a class A nonperson misdemeanor for any person to: - represent that such person has the right to be accompanied by an assistance dog or that such person has a right to be accompanied by a professional therapy dog
#106. To: Justified (#98)
I thought to get certified as a "service dog" you had to have real training but I guess not. This is a landlord, business owner and insurance nightmare.
#107. To: Deckard, Justified (#99)
Fitzgerald rescued Midnight in 2015 and obtained an ADA service dog certificate, which required the dog to pass behavioral tests without showing signs of aggression...
#108. To: Gatlin (#103)
you will find that an ADA service dog can be trained as an attack dog…
“Truth is treason in the empire of lies.” - Ron Paul
Those who most loudly denounce Fake News are typically those most aggressively disseminating it.
#109. To: Tooconservative (#106)
. But they rapidly expanded it so people can have service parrots, service ferrets, service iguanas, etc.
#110. To: Gatlin (#96)
I think I read that he already received 2 citations….with Chief checking on his “service dog qualification” he may be receiving another.
#111. To: Justified (#109)
OMG this reminds me I went to the store to get jack for my Trailer. There was this guy that looked like Charles Manson with a parrot.
#112. To: Deckard (#108)
you will find that an ADA service dog can be trained as an attack dog…
Deckard, you need to calm yourself down and read carefully what I posted….stop with your preverbal spin shit. Man - you've lost what's left of your senile mind.
Now you have become embarrassed because you once again were proven wrong and try to cover it by emitting nasty remarks.
#113. To: Justified (#109)
But they rapidly expanded it so people can have service parrots, service ferrets, service iguanas, etc.
#114. To: Tooconservative (#108)
So, asshole...
#115. To: Gatlin (#114)
(Edited)
LOL ...
#116. To: Gatlin (#113)
Next, they will bring in a Boa Constrictor wrapped around their shoulders.
#117. To: Tooconservative (#115)
(Edited)
#118. To: Tooconservative (#116)
The snake would be a lot cleaner ...
#119. To: Deckard (#103)
#120. To: Gatlin (#119)
Say, maybe Midnite [may he rest in peace] was trained as a “guard dog”
#121. To: Tooconservative (#120)
#122. To: Gatlin (#121)
I notice that Deckard is conspicuously avoiding this thread today.
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