Another dog killed by cop – Justice for Diablo rally today (June 5th)

Published On June 4, 2012 | By Pete Eyre | Articles

UPDATE POSTED JUNE 6TH, 2012:

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Second Rally for Diablo, Upstate NY Pitbull Executed by Monroe County Sheriff’s Deputies

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The incident below and pending rally was brought to my attention from Davy V., a longtime Rochester, NY-based police accountability activist that’ll soon be blogging here on CopBlock.org. Text used in the post was taken Facebook updates on Davy’s profile and the related Change.org petition. As is clear from the long list of related posts below, this is not an isolated incident. Today, police are trained to shoot dogs first, then ask questions later, if ever. It’s got to stop. -Pete

From Erica Cortese:

On Friday night employees of the Monroe County Sheriff’s Office responded to the call that there was a house party on Whitney Road. When they arrived there was a car parked illegally in front of a house where a man was watching a movie inside and his dog was outside on the driveway without a leash because he had invisible fencing. The police officer(s) decided to walk up the man’s driveway and shoot his dog for no reason.

The officer said the dog was aggressive, but anyone who knew this dog painted a very different picture. Neighbors said this dog did not even bark that night and there was no reason for the officer to shoot him dead.

Let these overzealous police officers know that it is not okay for them to walk onto my property and kill my pet because they think they may pose a threat. Any dog owner or pet lover should sign this.

They had no right to murder this family member in cold blood and I am sick to think we pay our taxes so this ruthless practice can go on. If we do not do something about this, we all will not be able to leave our pets outdoors. Police have even been known to show up to the wrong house and shoot someones dog. This petition is simply saying that police officers are not above the law and should have to face what they have done in a court of law.

Please help me to get justice for Diablo.

Help get justice for Diablo – join the rally and/or sign the petition:

What:
A rally

When:
Tuesday, June 5th
Starting at 11:00AM

Where:
Monroe County Sheriff’s Office

130 South Plymouth Avenue
Rochester, N.Y. 14614
585 753-4178
[email protected]
[email protected]

Sign the petition to Get justice for Diablo.

Already over 6,000 people had signed the petition when this post went live on Monday, June 4th at 8:00pm.

Davy V., who is spearheading the rally and who this morning appeared on Rochester-area media outlets to inform others of the incident, wrote:

On Friday June 1, 2012 Gary Brockler’s beloved pet dog, Diablo was shot and killed by a Monroe County Sheriff’s deputy.

Described by many people as a loving, friendly dog, Diablo did not deserve to die in this manner, on his own property.

Unfortunately, this is not the first case where local law enforcement has shot and killed innocent pets. In fact, in a D&C article a couple of years ago, Rochester, New York, per capita, leads the State with the most police shootings of dogs. In most cases, such as in Gary Brockler’s, people’s pets have been shot and killed on their own property!

As is typically the case with police, especially after shooting and killing unarmed, innocent people, in an attempt to put their “spin” on unjust incidents such as this, the Monroe County Sheriff’s department, under the leadership of Monroe County Sheriff Patrick O’Flynn, has already started to cover up this injustice committed by one of their own by saying that Diablo, was “aggressive”. It is their way of justifying their actions in their killing of an innocent dog, and a member of Mr. Brockler’s family.

The Monroe County Sheriff’s department wishes that this will just be swept under the rug and simply forgotten about, but it won’t be.

Which is why, I ask everyone who can attend this Rally for Diablo, to please come and let your voices be heard. Stand up to this injustice!

Thank you,

Davy V.

Melissa Cocola noted:

Out of the thousands of dogs that I have trained..this dog was my heart with his beautiful gentle spirit. I am sickened that the owner heard 2 shots fired and walked outside to find that his dog had been killed. This dog was not a threat to ANYONE! He was always ready to lick your face and give you his belly.

Related posts from CopBlock.org:


Ft. Worth PD Kills Dog: Why cops should be required to be literate

SWAT Shoots family dog (Disturbing)

Family’s dog Tasered 3 times Deputy served warrant at wrong house

Sick Puppy: Cop Buries Dog Alive After Beating It

“No-knock raid” music video

Officer excessively tasers dog

Columbia SWAT team kills dog during drug raid — again

SWAT goons slaughter dog

Police murder another three dogs this month

Cop Murders Golden Retriever

NC troopers torture dogs as a matter of policy

Federal officer gets probation for killing dog

Police Puppycide

Call Flood: Police slaughter dog

Warning to Dog Owners in Missouri; The Police Will Kill Your Dog

Police kill dog during drug raid

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About The Author

Pete Eyre is co-founder of CopBlock.org. As an advocate of peaceful, consensual interactions, Eyre seeks to inject a message of complete liberty and self-government into the conversation of police accountability. Eyre went to undergrad and grad school for law enforcement, then spent time in DC as an intern at the Cato Institute, a Koch Fellow at the Drug Policy Alliance, Directer of Campus Outreach at the Institute for Humane Studies, Crasher-in-Chief at Bureaucrash, and as a contractor for the Future of Freedom Foundation. He later hit the road as co-founder of the Motorhome Diaries and Liberty On Tour, and now resides in the 'shire.
  • Common Sense

    The Monroe County Sheriff says the initial reports about a deadly dog shooting in Perinton involving two of his deputies talk about a “charging dog.” The sheriff says the shooting is under investigation.

    It happened late Friday night on Whitney Road just outside East Rochester.

    Gary Brockler says he was sitting in his house watching a movie when he heard loud bangs outside. He says he ran outside his home to see his dog bleeding, lying in his driveway and sheriff’s deputies at the end of his driveway.

    “I just saw my dog laying right here on the driveway just like bleeding and he was moving a little bit. And I just ran to him and just held him and just telling him I love him. I was just really upset,” Brockler said.

    Brockler says he was told that the deputies came to his house to ticket a car that was parked along the road in front of his house. It is legal to park there.

    The Sheriff’s response

    This afternoon, we spoke with Monroe County Sheriff Patrick O’Flynn. He says the shooting is being investigated by internal affairs. 

    “If the initial facts of a charging dog, if everything is the way it was reported to me, the dog, as the deputies approached the house, the dog came from an open door in the garage, underneath that, and came at them aggressively. They retreated. Pulled their service weapons out. The dog continued to come at them and they discharged. By article 35 of the penal law they would be justified in using deadly physical force against an aggressive animal like that,” Sheriff O’Flynn said.

    Sheriff O’Flynn says two deputies went to the house at the request of their sergeant who saw a car parked in front of Brockler’s house “blocking the sidewalk” the sheriff said. O’Flynn says the deputies were going to tell Brockler to have the car moved.

    “Why would it take two deputies to respond to a car that was illegally parked?” I asked.
    “I don’t know why there were two responding. I know they’ve been there in the past for complaints,” Sheriff O’Flynn said.

    The Sheriff says both deputies fired their gun. Four rounds were shot. The dog was hit at least twice.

    “I myself am an animal lover. I sit on the board of the humane society so this is a concern to me. It’s unsettling whenever there is an injury or death caused to an animal. So we’re going to be working at this aggressively and we hope to be able to have the investigation turned around and completed in an expeditious manner,” O’Flynn said. 

    At some point after the deputy or deputies arrived, they shot Brockler’s dog named Diablo.

    “What if anything did the sheriff’s deputies who were there say to you?” I asked.
    “They didn’t say anything to me. They let me sit there for 15 minutes sobbing on the ground, crying. I was dry heaving, throwing up telling my dog I love him, I don’t understand why. They didn’t say anything,” Brockler said.

    Brockler met with attorney John Parrinello Monday afternoon.

    There is a protest planned in front of the Sheriff’s Office on South Avenue in downtown Rochester at 11:00a.m Tuesday. Brockler says he is not attending on the advice of his lawyer. 

  • The_Lakewood_4_are_burning_in_Hell

    Another dead dog picture to reinforce to my daughter that cops are not your friends.

  • t.

    Yep….these guys just drove around and saw this dog sitting, wagging his tail with a tennis ball, wanting to play fetch. BLAMO. !

    See the silliness of your thoughts.

  • http://Yahoo Alvin

    Too bad this wasn’t in Indiana. Imagine you are at home, you hear a gunshot, you see your dog bleeding in your driveway, you could then react by shooting the cops. Then, you could make up a BS story as these cops apparently did. The light was such that I could not recognize them as police officers. I just reacted when I heard a gunshot. I shot when I saw my dog and individuals with guns. See how this works t & Common?

  • Common Sense

    Just remember, a dog is property. Like a mailbox or a blender. He’s $250.00, sorry about that buy another, oh and keep your dog tethered.

    (3…2…1….let the rants begin)

  • Michelle

    This is sickening . The fact that it was shot in the back of the head just proves the dog was running for its safety away from the cops and was harmless . I’m 23 years old and the older I get the more I realize these so called officers are just abusing their privileges and if I was ever in need of justice then 911 would be the last number I would call. So sad that we own dogs to join defend and protect our families and when this dog was trying to do just that, it was shot on its own property. So ashamed ….

  • PATTI RIST

    THESE SHERIFF’S CANNOT GET THEIR STORY STRAIGHT. FIRST THEY GOT A CALL ABOUT A PARTY. NOW THEIR SAYING THAT THE TRUCK WAS ILLEGALLY PARKED. WHY DIDN’T THEY JUST PUT A TICKET ON THE WINDSHIELD AND LEAVE. NO, THEY ENTERED PRIVATE PROPERTY AND DECIDED TO KILL A FAMILY PET. THAT IS SO WRONG. THE POLICE WERE OUT OF LINE. THEY HAVE TO PAY…..I THINK THEY HAVE A VENDETA WITH MR. BROCKLER FOR SOME REASON. OH! BY THE WAY THEY HAVE BEEN TO MR. BROCKLER’S BEFORE. THEY NEW HE HAD A DOG. I REST MY CASE….R.I.P.DIABLO.

  • Centurion

    You and T dont deserve a rant , but you both need to be locked up and tried for treason. Also you both need to get smacked in the face with a huge pork loin . Stop thinking cops tell the truth , they NEVER do .

  • Centurion

    Common we already read the post there was no need to write your construded version you took off of Google , Some advice , do some real work and go get the info instead of making people think your actually smart writing the same shit the news paper said you dumbass . And T nice fake hatred for dogs you got there keep up you fake ass and phony persona , everyone knows your a big fraud so please do us all a favor put a pink collar on set yourself up on a dog runner in front of a Law dickforcement agency and bark and growl for the nine mil.

  • ElRojo

    Again, I don’t think the issue here is the shooting of the dog so much as the double standard. Let’s say I was walking up to someones house and their dog came out and came towards me in an aggressive manner, could I just shoot their dog and then be like “well he was being aggressive, sorry”. No! I would get sued, like any other normal person and would be liable for the damage to that persons property. Cops on the other hand have a free ticket to shoot who/what ever they want and there is no accountability.

    Furthermore, if a police dog came at you aggressively and you shot it, you would go to jail for “murdering an officer”, or some such BS, if you even lived long enough to make it to a trial…

    Having said that, if a dog came at me aggressively and I had a gun, I would shoot it too. Owners of large scary looking dogs need to be aware that their dogs are big and scary looking and keep them indoors or behind fences and not let them roam outside. The dog and owner may have known there was an invisible fence, but surely the cops did not. Any sane person would have reacted in a similar fashion. They should still be liable for the dog however.

  • Joelle

    An innocent dog was shot – a pitbull, on May 23- midnight May 24 by RPD – I knew that this was going to go farther, but the inccident is to coincedental…. I would like for the owner to contact me-

  • Pete Malloy

    Common that was a d bag response brother. It isn’t just property. My dog is as much a part of the family as anyone else. Ask anyone who works with K-9s and they will tell you the same. Dogs have a way of interacting with people like no other animal. Don’t take that away from them. That being said, they can be very dangerous to ones well being and I understand if there is a need to put one down to prevent injury. It is very unfortunate that has to occur though. As for the dipshit and shows this to his daughter, you are a monster who is raising children that will have such a backward view of reality they are doomed for failure. Kids don’t need to see these things. Childhood innocence should never be taken away

  • Common Sense

    @Pete

    Yes, yes, the reply was in poor taste, but when compared to some of the others here, its actually quite tame.

    But actually, legally, the dog is property, just as cattle are for example. Legally, at least in my state, so long as the dog is ‘under voice command’ of the owner, the dog does not need to be tethered and is free to roam its property. In other states this is not the case, in some areas, they have breed restrictions.

    Sadly, the shooting of the dog is completely legal. The dog was not under anyone’s command. Now this case, and the one in Fort Worth, though similar are different. Those dogs did appear to be under command of the owner and, in my opinion, did not necessate a shooting.

    Had the dog charged/rushed a meter reader or postal employee, the owner could be cited and the dog removed depending on the incident. Had the postal worker for example been armed (to my knowledge by policy they cannot carry) and shot the dog, that to would be completely legal. As a dog owner, you must have your dog under control at all times.

    Now civilly, its a different story and a court will be left to decide the reasonableness of the police action. However, some courts have ruled that the shooting of a dog by police ‘can be’ considered a violation of the 4th. Why? Because the dog is ‘property’ and an ‘unjust’ shooting can equate to a ‘unjust’ seizure of the animal.

    I would only assume risk management will slip in, give him a check and a non-disclosure order and that will be that.

  • Common Sense

    @Centy

    I know you must not have taken your pill yet so I wll explain. Typically the articles posted hear are not ‘complete’ but are partials. What I like to do is find out a bit more, since there is always more to the story then what’s presented. What I posted was again, nothing I wrote, but another complete news article. I think from now one, do you understand, I’ll put in the header for the article. I don’t want you any more confused then you already are.

  • Erica Cortese

    I would just like to fill you in on some facts. They shot this dog while he was retreating from them. Not much of a threat there. He was shot in the back of the head. He was not roaming free he was in the garage in a front yard that had invisible fencing and signs posted to make people that come near there that see the dog aware that he is contained. This dog’s trainer has said on record that this dog has never gone after anyone. His breeder said he was so well behaved he could have been a seeing-eye dog. Cops are completely lying about the story as usual to save themselves. I started the first petition because I do not want some gun-happy police officer coming onto my property and shooting my dog because she has a mean bark or growl. Thats what they do. If the did not, they would not be dogs. I agree that this breed is getting so stereotyped because losers buy them and train them to be mean. Dogs never turn on their owner unless abused. I have lived with a german shepherd that never turned on me but did turn on my brother who beat him. Thats what makes a pet mean is people who do not have their dogs sent to trainers and have no clue what they are getting into. Number 1 thing they taught us in our obedience class is don’t hit the dog. Makes your dog violent. I should not have to be afraid to call the police in an emergency because my dog may go outside and try to jump on them and lick them. Thats what she does. If you are too much of a coward to be a cop, dont take the oath but the oath is to serve and protect and I see no protection for this dog and his owner. Diablo was all he had, no children, that was his child.

  • Tim Jarvis Jr and Hayley Kuhn

    We look at this and we want to cry. The Pit-Bull Diablo not only is a victim of the cops ignorance, but also of a Stereotype and Animal Cruelty. Cops are supposed to be the ones we look up to, the ones we trust, they are supposed to be role models to all. All dogs would be curious and see what is going on whether if it’s a tiny Chihuahua to a pit-bull or Great Dane.

    Would they shoot a human family member if they were wondering what was going on? What makes animals so different from humans? They are living creatures like us, have feelings and importance to a family like another member of the family. How would the cop feel if that was his dog? He could have used a more humane way of “defending” himself.

    Those cops can never replace that loving family member, because lives are irreplaceable. Animals have the right to live just like we do. The cop attacked and murder an innocent life. Who is the real animal in this situation? The dog wasn’t even growling or posing any threat to the cop.

    As we grow we get smarter, but this cop has proved the theory wrong. He proved that Police will shoot without probable cause. This is an example of a cop abusing the power that MANY people trusted him with to protect us. He used it for his own disgusting advantage. We are the voices of these marvelous creatures and we say “Diablo you will have Justice”!

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  • Valerie

    I am so sorry to Gary for the unnecessary and sickening loss of his beloved family member. If Diablo were any other dog but a pitbull he would not have been shot. When are ignorant human beings going to stop murderding innocent pitbulls?

    And for anyone who wants to reply something ignorant to my comment, go to hell!! You are as stupid as these officers are.

  • Tk

    My gf got a pit bull puppy a year and a half or so ago. I was very hesitant given their reputation. We got Duke December 12, 2010. He is the kindest gentlest dog I have ever owned. All my preconceived notions were completely unwarranted. Any dog seeing someone walk onto their property would run up to investigate. They might even bark. Wow dogs bark? Is the being agressive? But because diablo was a pit he was automatically regarded as a threat. Just as my Dukie would be, when in reality all Duke would be trying to do is lick them to death. Yea he is a very aggressive licker. A police officer shoots my dog he better keep his head down. My pit would give his life for me, Id do the same for him. So to everyone who says they’re just “things” how many mail boxes, tvs, or DVD players would give their lives for you? My heart breaks for mr brockler and diablo. I can’t even imagine the pain he feels. These officers should be held accountable for their actions just how we all would be. Godspeed Diablo.

  • The_Lakewood_4_are_burning_in_Hell

    “Kids don’t need to see these things. Childhood innocence should never be taken away.”

    Kids don’t need to see these things? Cops don’t need to DO these things. I want her to be crystal clear on the danger cops present to the public. I do not want to have to throw the dipshit son of a cop out of my house because she is not allowed to date one of their bastard sprogs. I do not want to have to explain why I will not attend some event that a cop parent is hosting.

    This makes that easy. She will always associate cop with dead dog killed by cops. Problem solved.

  • Kahoneez

    “Common Sense ” you might be worth 250.00 too – besides tough guy – dogs are considered Family members , this isn’t 1800s so your kuckledragging comments stand out as ignorant and callous as they are .

  • Mr. Bawkbagawk

    prolly saw some piles of dog shit and thought the police academy wouldnt have room if the dog kept producing applicants.

  • Winston

    Dog owners really need to start shooting back, and juries need to start acquitting those who do.

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  • Artie

    @CommonSense, you know full well it’s not about $250. Just goes to show what kind of people work in your occupation.

  • http://davyv.blogspot.com Davy V.

    Joelle, I am trying to get in touch with the owner of the pitbull that was shot by the RPD, if you can get the owner to contact me at 585 474-2316. I want to talk to the owner and bring some attention to that incident as well, like I am doing with Diablo.

  • Common Sense

    You’re right, there’s a secret video of officers picking a house at random, saying “lets go shot a dog” and then high five’in afterward. I saw it, I swear. I would post it, but then the cops would come after me…

    From what I read, no, the dog did not have an invisible fence. If there was one, was it operational?

    Regardless, the police had a lawful right to be there.

    Of course, if they just cited the owner and towed his car, you’d all be pissed at that as well. The dog was not under the owners control. I also read the police had been to Mr Brockler’s house ’15 times in 12 years’ in the past. I wonder why?

    But in the end, he’ll file his lawsuit, in about 9-12 months he’ll get a settlement check.

  • PATTI

    IF YOU CAN’T SAY SOMETHING POSSITIVE DON’T SAY IT AT ALL….TY

  • Artie

    @CommonSense: the invisible fence was there, but where’s the recording of that 911 call? And what was the urgent reason for shooting the dog again? Also, please show the photo of Diablo slaughtered by LE to your children and do a little show-and-tell. Explain that _this_ is what your ilk does for living, and loves every minute of it.

  • Common Sense

    @Artie

    FOIA the audio tape. You can find the address online. The reason? As stated in the news report, one can take from it the officers feared they woulod be bitten by the dog. One can also take from the letter his attorney wrote,that the dog was facing one officer while another fired the killing shot from behind. Where they shot the dog and where it collapsed were two separate places.

    And I would show the picture to my children, but expect they would blame the dog owner for letting his dog get out of control and get shot.

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  • Artie

    @CommonSense: No one was able to locate that record yet. The presence and operation of the invisible fence has been verified by the neighbors. The incident report is a usual pack of lies. After you do talk to your kids about this, please kindly post your exact words here.

  • Common Sense

    @Artie

    Typically all 911 calls are recorded. There is a timeframe to get those tapes. Simply because you can’t have every bit of information, data, and statements the moment something occurs does not mean there is a coverup. I’m sure that the attorney will get access to those tapes eventually. Again, all you read is what’s either from the dog owner or what few sentences are printed in a repeating news story. As time goes on, more information will come out. And the operation of the fence means little unless the dog was stray.

    The police were on the property legally. Just as a meter reader would be, or a postal carrier. The statement of the dog being agrressive is a matter of perspective. Some are not unnerved by dogs, others are.

  • Artie

    @CommonSense: If you or anyone you know are able to locate that 911 record, please do tell. Does being on the property, legally or illegally, give one a license to kill? You are trying to fund a fault where none exists, and second-guessing the innocent homeowner, but curiously enough, not the callous murderer. Well, the deputy killed the dog because he was unnerved. This is closer to an honest explanation, I can actually buy that. It establishes the killer’s motive, by the way.
    If dogs unnerve you, you shouldn’t be allowed to serve in LE, as there is a dog in every other house.

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  • Michael

    This is horrible. Talk about aggressive dogs, when they can release their dogs on someone. Their dogs are a lot bigger threat to anybody. Their dogs are so out of control when released, that they could kill someone. Now someone’s loved pet had to die for no damn reason cause these cops are just as bad as the criminals that run the streets shooting eachother. RIP puppy

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