Two agents are on their way to a report, as bystanders of a fight between dog and cat suddenly attract attention. A while later, two shots sound and the dog is dead. And even though the Public Prosecution Service (OM) does not approve the actions of the shooting agent, he is not being prosecuted.
After investigating the Safety, Integrity and Complaints (VIK) department, the PPS announced this in a letter to those involved. This department is an independent part of the police.
That Sunday, September 18, the owner of Pitbull Luna is walking with her dog on the line. From nowhere a cat jumps out of the hedge, just before the dog’s snout. A few seconds later he has the cat in his mouth.
The two agents who are called in end up in a panicky situation. They see that the dog’s owner holds the animal. “I tried everything to get the cat loose,” Luna’s owner says the day after the incident.
At the request of the police, she releases the dog. To get the animal under control, one of the agents uses a power surge weapon. “This was lawful. But offered no relief,” said the public prosecutor. The dog remains aggressive after taseren.
After the failed power surge attempt, one of the agents decided to grab his service weapon. He shoots in the abdomen of Luna. The OM has now ruled that it could not have been, because the dog’s aggression did not focus on people.
After the first shot, the dog focuses on one of the agents. According to the officer, there was a concrete risk for them. “And that is why this second shot was lawful,” said the OM.
“The police are expected to act in a difficult situation. That is what the agent did.” According to the officer, the agent used the taser well, and the question is what he should have done in view of the situation afterwards. “A difficult question,” said the public prosecutor. What is certain according to him is that the agent shot with good intentions, to save both animals.
“The use of the firearm was initially not formally correct, but in view of all circumstances understandable,” concludes the public prosecutor. That is why the OM does not think that the case is of added value to the court.
The fact that the Public Prosecution Service does not think it is necessary to prosecute the agent does not mean that it is completely excluded that there will be no lawsuit. The owner of the dog can still start a so-called Article 12 procedure.
In addition, the Court of Appeal in Leeuwarden looks at the case, and then to decide whether the OM should continue the agent. The owner of Luna says that the letter was coming hard. “But I expected it, because I have had little faith in our police apparatus since September.”
Luna’s owners will see if they can take next steps. “The letter states that we can submit a complaint. We will certainly do that.”