August 13, 2014
For those following the story of Lady, an Erie County, New York dog seized 11 days after being shot by officer Greg McCarthy, it’s a pleasure to announce this case is far from over. The family of an Erie County dog seized by police now plans to move forward to restore the reputation of their dog.
After the courtroom fiasco on August 12 where the defense wasn’t allowed to present their case to Judge Gene Heintz and defense attorney Matt Albert was “detained” by questions the antics used, the family has decided to go forward in proving Lady isn’t a dangerous dog.
On the Facebook: Justice for Lady page, an announcement was made August 13
“We have heard from all of you loud and clear that you want to see true Justice prevail. Well folks unfortunately true Justice is not free. It comes with a lot of filing fees and court costs. Matt has been great by offering his time to help secure Lady’s release but we can’t ask him to bare the burden of all of the costs to seek the further Justice that Lady and quite frankly all of us deserve.”
During the trial, Matt was able to get a confession out of officer McCarthy that Lady isn’t the first dog he’s shot while performing his duty. Unfortunately, it most likely won’t be the last.
The initial $3,000 is to offset many of Lady’s vet bills since those responsible for her injuries refuse to man up and accept responsibility.
It is also hoped the amount raised will go over in excess so that Matt can represent Lady in having her reputation as a “good dog” restored. You have to love an attorney who has the nerve to ask a judge how much he’s being paid not to allow the defense to call their witnesses to the stand.
It’s sad when society has come to this. These officers were on private property in “business suits.” If it had turned out these men had been criminals, Lady would now be nominated for heroine dog of the year for protecting her family.
Instead, she was gunned down within feet of a young child, who saw everything. It was only after Lady was shot that officers identified themselves, and still had the nerve to enter a private home without a warrant after being told they couldn’t enter.
Excuse me, but the average citizen can be shot under the same conditions. None of what has happened to this family since July 25 can be call justified.
Now Lady has been labeled a “dangerous dog,” a title that will follow her all of her life. No one even thought to do this until 11 days had passed and the family had gone public with the story. There have been cases of owners being charged days after a dog was shot, and were thrown out because the judge ruled any action must be taken at the time of the incident.
That should include “arresting” the dog.
Lady’s new label will also affect 5-year-old Makenna Shimburski. Not only from seeing her best friend shot but for the rest of Lady’s life.
Because one of the conditions for Lady’s release is that a person over the age of 21 must have Lady on-leash anytime she is being walked. This means Makenna will never, ever have the pleasure of walking her own dog.
Is this the way we want the next generation of children to be raised? Fearful of police, hating their very presence? Because this case, and others like it, are turning children against officers of the law at an alarming rate.
What happened with innocent until proven guilty? Shouldn’t the police department have had the burden of proving Lady was dangerous, rather than the family having to prove she isn’t? Why do officers get to live by one set of laws and the average citizen another?
If you agree police have overstepped their limits on this one, please donate a few dollars to help Lady restore her good name. The future happiness of a 5-year-old little girl depends on this sentence being overturned.