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K-9 OFFICER PUT ON LEAVE- AUGUST 15, 2007
A Chandler police sergeant was placed on leave Tuesday as the department began an
investigation into the death of a K-9 dog in his care.
Meanwhile, the Maricopa County Sheriff's Office announced it will launch a criminal investigation
into the death of the dog that died after
being left in a hot patrol car by the handler, Sgt. Tom Lovejoy.
"I take this very seriously," Sheriff Joe Arpaio said. "Let's not prejudge the officer.
I'm not saying this officer is guilty, but I think it's
incumbent for the sheriff to look into it."
Bandit, a 5-year-old Belgian
Malinois, died after Lovejoy, head of the department's K-9 unit, left the dog unattended for more than 12 hours in his
patrol car after he returned home Saturday morning from work.
County Attorney Andrew Thomas said Tuesday that it is at least a misdmeanor to leave an
animal unattended in a motor vehicle. And depending on the incident,
it could be a felony or an animal-cruelty charge.
Chandler police had said Monday that Lovejoy would remain on duty.
Since news of the dog's death was made public Monday, Chandler police have received a
large volume of threatening or harassing calls from people angry at the officer.
UPDATE! May 23,2008
Judge denies motion, K-9 cruelty case moves forward
The Arizona Republic
The case of a Chandler K-9 officer whose dog died after
he left it in a hot patrol vehicle for 13 hours last August will move forward, a San Tan Justice Court judge ruled Friday.
Sgt. Tom Lovejoy had asked that the animal cruelty charges
be dismissed in early April, arguing he had simply forgotten the dog and not acted recklessly.
In the motion, Lovejoy's attorney, Robert Kavanagh, said
his client had had little sleep, was distracted by family matters including his stepson's traffic accident, and that the dog
was asleep in the car and hard to see.
But the judge sided with the county attorney's office, which argued that "as others
have been convicted of reckless conduct in leaving children in the vehicle despite the defense that they forgot," Lovejoy
was also responsible for the death of Bandit.
Kavanagh said he is still planning to file a second motion
to dismiss the case based on what he called "selective enforcement" by the Maricopa County Sheriff's Office, which has had
three of its own dogs die under various circumstances since 2000.
Kavanagh is still fighting to interview Sheriff Joe Arpaio
about the deaths and filed a motion to subpoena Arpaio in March. The judge has not yet issued a ruling on that motion.
Lawyers for the sheriff argue that Arpaio did not make
the decision to arrest Lovejoy and shouldn't have to testify.
Sheriff's deputies arrested Lovejoy on Sept. 5 for leaving
the 5-year-old Belgian Malinois in his patrol car on Aug.11.
The dog's death sparked outrage in the community. Lovejoy
was removed from the unit and reassigned.
Lovejoy's trial on the misdemeanor charges is now set for
June 27.
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Remembering Bandit
Bandit, a 5-year-old Belgian
Malinois, died after Lovejoy, head of the
department's K-9 unit,
left the dog unattended for more than 12
hours in his patrol car after he returned home Saturday morning from work.
Sgt. Tom Lovejoy discovered the body
of Bandit, his 5-year-old Belgian Malinois, about 10 p.m. Saturday night.
He parked the car at his home about 9:15
a.m. that day after working an extra-duty assignment early Saturday morning, police said.
"When he arrived home, (Lovejoy) was out
of his routine. And while getting mixed up in everyday stuff, he forgot about the car," said Sgt. Rick Griner, a Chandler
police spokesman.
A preliminary investigation shows Bandit, who was with the department more than four years,
died from extreme heat. The incident is under investigation and will be handled internally, Griner said.
Lovejoy, a 15-year veteran, was not put on
leave and was at work Monday. Griner said no disciplinary action has been taken and may not be unless an investigation determines
the actions were reckless or intentional.
"This is his worst punishment right now.
He's very emotional," Griner said. "This incident was because of negligence; by accident."
Russ Hess, executive director of the United
States Police Canine Association, said an investigation needed to be completed, but he had harsh words for the officer.
"There's no excuse," Hess said. "There sure
is a lack of judgment there."
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