Danville police chief regrets dog was shot but not officer's decision

Killer, who died Monday night after being shot once, was described as "just a little house dog."

By: MATT TOMSIC MEDIA GENERAL NEWS SERVICE | Times-Dispatch
Published: June 12, 2009

Danville Police Chief Phillip Broadfoot addresses the media during a press conference regarding the shooting of a miniature dachshund named Killer on Monday.
(Register & Bee/Traci White)

Danville Police Chief Philip Broadfoot said today that he regretted that a miniature dachshund was shot and killed by a city police officer, but he did not regret Officer Murrill McLean's decision-making process that led to the dog's death.

"The fact of the matter is that the dog was running loose, that it placed officer McLean in a precarious situation, and that officer McLean made a judgment decision in a fraction of a second that cannot be reversed," Broadfoot said at a news conference.

"I'm not expressing regret over the decision."

Reading a prepared statement, Broadfoot said that McLean went to the 100 block of Berman Drive to serve warrants at about 8:50 p.m. Monday. The 11-year-old dog named Killer, owned by neighbors next door, approached the officer aggressively, showed its teeth and growled, Broadfoot said. That type of behavior is characteristic of a dog with rabies, he said.

When the dog lunged at McLean, he drew his pistol and fired one shot, hitting and killing the dog.

"I don't think he overreacted," Broadfoot said. "I think he reacted based on the information he had at the time."

Broadfoot said that no disciplinary action will be taken against McLean. Yesterday, Broadfoot issued a news release that stated that McLean acted within department policy. Broadfoot said that the department would hold internal discussions to prepare for similar situations, but the policy wouldn't fundamentally change.

"There is no way any police department anywhere in the U.S. will change a policy that says an officer has the right to defend themselves," he said.

Broadfoot said the delay between the time of the shooting and the department's acknowledgement was due to a vacation he was on from Monday to Wednesday. During the vacation, he didn't have access to e-mail.

Danville has a leash law that requires dogs to be on a leash when off the owner's property, Broadfoot added. Killer was not on his owner's property Monday night at the time of the shooting.

The community reaction did not surprise the police chief, he said. The dog killing has been widely debated in the Danville area.

"I'm appreciative of the fact that the community is so caring," Broadfoot said. "Anything that makes us think closely about what we are going to do with deadly force is always a good thing."

McLean joined the Danville Police Department in 2005. Since then, he has never had a disciplinary violation, Broadfoot said. McLean also is a staff sergeant in the Virginia National Guard with more than 14 years of military service, including a tour in Iraq.

"Officer McLean is no stranger to challenges, to adversity, to managing fear or to rational decision-making," Broadfoot said. "Any attempt to characterize him as reckless is inconsistent with his proven record of responsible behavior."

Matt Tomsic is a staff writer at the Register & Bee in Danville.