Case Details

Dog fatally shot by police officer
Monson, MA (US)

Incident Date: Tuesday, Oct 2, 2007
County: Hampden
Local Map: available

Charges: Misdemeanor
Disposition: Alleged

Alleged: Daniel E. McCarthy

Case Updates: 3 update(s) available

Case ID: 12397
Classification: Shooting
Animal: dog (non pit-bull)
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Animal was offleash or loose
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Barre Police Officer Daniel E. McCarthy, 31, of Monson, will be arraigned Friday on three criminal charges involving a dog he allegedly shot outside a house last week while off-duty, police confirmed yesterday.

The dog�s owner, Michael Morin of 26 Upper Palmer Road, Monson, said yesterday that Officer McCarthy shot the dog. Mr. Morin said he is particularly distraught because Officer McCarthy is a friend and is engaged to marry his niece.

�I was shocked,� Mr. Morin said while stacking cordwood outside his residence. �I love my dog.� He said the dog was resting in the house but earlier in the day was outside running around.

�Dan had tried to call me but I was unavailable,� Mr. Morin said, recounting the events of last Monday, the day Dakota, a 7-year-old male Siberian husky/German shepherd mix was shot. �Police contacted me within 45 minutes.�

Mr. Morin said the dog was shot in the left front shoulder joint. Mr. Morin said he was told the dog was shot from about 15 feet away. Mr. Morin said the dog is wearing a sling, has been prescribed pain medicine and antibiotics, and is scheduled to visit the veterinarian again on Thursday.

Last Thursday, Monson police issued a statement, based on an interview with Officer McCarthy, that said a single bullet struck the dog. The statement, which did not mention Officer McCarthy by name, said someone had gone to the house to pick up some paperwork and that a dog appeared and barked aggressively. The statement says at that point the person went to his vehicle, got a gun, returned to the house and shot the dog. The incident was reported at 12:19 p.m., according to the statement.

Mr. Morin, who was not at home when the shooting occurred, said yesterday that Officer McCarthy had gone to the house to pick up some sheet music.

Yesterday, Mr. Morin�s daughter, Kirstin Morin, 17, said her father told her that Officer McCarthy �must have felt threatened enough to go back and get a gun.�

Barre and Monson officials said Officer McCarthy is being charged with improper storage of a gun, discharging a gun within 500 feet of a dwelling and animal cruelty.

The Massachusetts Society for the Prevention of Cruelty to Animals is involved with the investigation and the Hampden County District Attorney�s Office is prosecuting the case, police said.

Authorities said Officer McCarthy would be arraigned Friday and that he has not been arrested because there was no reason to do so. Last week, Palmer District Court Clerk Magistrate Benjamin C. Barnes said any matter involving Officer McCarthy would be handled at Chicopee District Court.

Barre Police Chief Erik J. Demetropoulos said he plans to review Officer McCarthy�s employment status with selectmen once the criminal case is resolved and that in the meantime he is suspended with pay. Officer McCarthy�s pay is $788 per week.

The chief said Officer McCarthy�s license to carry a gun was suspended and he has been ordered to turn in all firearms to authorities.

Mr. Morin said the incident involving Officer McCarthy �hasn�t affected our relationship as friends ... he is a good person.�

Case Updates

There has been a delay setting a trial date in the criminal case involving animal cruelty and weapons charges against the full-time Barre police officer who shot a friend�s dog while off-duty last year.

Francis W. Bloom of Wilbraham, defense lawyer for Barre Police Officer Daniel E. McCarthy, says he has not obtained material from the Monson Police Department, including witness statements. Officer McCarthy admits to shooting the dog in Monson on Oct. 1, but said his actions were justified.

�We are looking to resolve it or set a trial date,� Mr. Bloom told Chicopee District Court Judge Mary E. Hurley yesterday.

Judge Hurley said, �If they don�t comply by the next date, they have a problem.� She rescheduled the pretrial conference for Feb. 15.

Contacted yesterday, Monson Police Chief Stephen Kozloski said, �We are certain that all paperwork associated with this case has been turned over through the discovery process to the district attorney. Whatever the DA�s office has is everything we have in our possession as well. We are certain the entire case file was turned over.� The chief said it is standard procedure for a defense lawyer to obtain information from the district attorney�s office, which prosecutes the case.
Source: Worcester Telegram - Jan 18, 2008
Update posted on Jan 19, 2008 - 5:21AM 
Court and prosecutor contact information:

Chicopee District Court
30 Church Street
Chicopee, MA 01020
Phone: 413-598-0099
Fax: 413-594-6187

Case Docket No. 0720 CR 1782 (Chicopee)

Prosecutor:
The Honorable Mary Partyka and
The Honorable James Channing
Judges' Lobby
30 Church Street
Chicopee, MA 01020
Phone: 413-594-7657
Fax: 413-594-5916
Update posted on Nov 8, 2007 - 12:09PM 
The arraignment of Barre Police Officer Daniel E. McCarthy on gun and animal cruelty charges scheduled for Friday was postponed to Oct. 26 because his lawyer was not present.

Officer McCarthy, 31, of 1 East Hill Road, Monson, faces criminal prosecution related to an Oct. 1 incident in which he allegedly shot and injured a friend�s dog while off duty.

According to Monson police, Officer McCarthy went to a house at 26 Upper Palmer Road Oct. 1 to collect some papers when a dog appeared and barked aggressively. Officer McCarthy then went back to his vehicle, got a gun, returned to the house and shot the dog, police said.

Wilbraham lawyer Francis W. Bloom, representing Officer McCarthy, notified the court he would not be at Friday�s session, the judge said.

Officer McCarthy declined to comment as he left the courtroom. Mr. Bloom did not return a call to his office Friday afternoon. Officer McCarthy has been a full-time Barre police officer since September 2005. Before being hired, he was a part-time police officer in Brimfield.

Charges against Officer McCarthy include animal cruelty, discharging a handgun within 500 feet of a house, leaving an unattended gun in his automobile and having the weapon in the vehicle, according to Monson police. The Hampden District Attorney�s Office is prosecuting the case, and the Massachusetts Society for the Prevention of Cruelty to Animals is involved.

Officer McCarthy�s license to carry has been suspended because of the allegations, and he has been ordered to turn over his guns to authorities, Barre Police Chief Erik J. Demetropoulos said last week. The chief said Officer McCarthy is on paid administrative leave and his employment status with Barre will be re-evaluated when the court case ends.

Michael Morin of 26 Upper Palmer Road said in an interview Oct. 7 that Officer McCarthy is his friend and is engaged to his niece. Mr. Morin said Officer McCarthy shot his dog, a 7-year-old male Siberian husky/German shepherd mix named Dakota. The dog was shot once in the left front shoulder at a range of about 15 feet and is recovering. Mr. Morin said he was not present when the shooting took place.

He said Officer McCarthy has been a friend for about a year and was at his house to collect some sheet music.
Source: Telegram.Com - Oct 14, 2007
Update posted on Oct 14, 2007 - 3:28PM 

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References

Worcester Telegram - Oct 8, 2007

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