FACTS ABOUT TAWNY

Austin dog owners beware, police officers responding to a household alarm may gun down your pet first and ask questions later.

Once you’ve read the following, please consider printing and signing our petition.

Monday, September 11, 2000, Austin, Texas-- in a quiet Northwest Hills neighborhood, a uniformed Austin Police Officer shot and killed Christi & David O’Brien’s family pet in their yard.

The Officer shot “Tawny” dead, with a single shot to the neck at a range of 6 ft or more. Tawny was a 2 ½ year-old, knee-high, Australian Shepard who stood a mere 18” at the shoulder. She was a lovable dog with a sweet disposition; a dog who loved people, was in her own yard and certainly never bit anyone.

This was a senseless taking of a life that should never happen again.

On Monday:

· SW Bell technicians were working to add a phone line at the home. One technician, working within the home’s electronically-fenced yard interacts with the O’Brien’s pets Tawny and Murphy within the hour before the shooting.

· Working from home, Christi O’Brien leaves for lunch meeting. The SW Bell crew also heads to lunch.

· While Christi was gone, the security alarm sounds.

· APD responds.

· The responding officer drives nearly 200 feet up the private drive -- into the electronically-fenced yard.

· Observing dogs at the front porch, he exits his vehicle and begins to investigate. According to statements at the scene, the Officer observed phone equipment at the rear of the house, immediately drew his gun and called for back-up. According to the Officer’s statements, he was then confronted by three dogs, “the dead dog and two others.”

· According to the officer, when confronted by the three dogs, he lunged and stomped at the dogs (gun drawn) to drive them back. Two scattered. But Tawny, within her fenced boundary, held her ground. According to the officer, he had no choice but to shoot her because he felt threatened given her failure to back down and the possibility of an intruder elsewhere.

· The Officer shot Tawny dead at a range of 6 ft or more, within the confines of the O’Brien’s electronically fenced yard.

· There was no intruder. No break-in was in progress or had occurred. The phone equipment was that of SW Bell technicians on the routine service call. The O’Brien’s have only two dogs. Although the Officer was unable to describe the two other dogs, the second was most certainly the O’Brien’s other pet – Murphy – a small, timid, rescue dog of mixed breed.

· At the scene, the officer stated that “according to procedure,” once he drew his weapon, he could not put it back and was required to maintain both hands on the weapon at all times. The 6 ft plus officer carried mace on his belt and, wearing his black hat, boots, uniform, and wrap-around sunglasses, towered over the “dead dog.” At her full height, Tawny stood no higher than the Officer’s kneecap.

The Problem(s):

The officer’s actions were extreme and outrageous.

· First, there are significant factual discrepancies that just don’t add up.

· Second, any officer that felt deadly force was his only option under these circumstances is a real danger in our neighborhoods. A firearm was needlessly discharged in a residential area, with small children next door. Any APD Procedure under which an officer feels irrevocably committed to deadly force in a situation such as this needs to be changed. A variety of responses should have been at the officer’s disposal – using his pepper spray or mace, for example.

The fact remains, immediately preceding the officer’s arrival, Southwestern Bell technicians were on-site and able to work within the fenced yard without fear for their safety. According to one, none of them could believe he killed the dog.

· Third, the Officer’s training was apparently non-existent. There is a serious problem when unarmed SW Bell technicians are better trained to interact with pets encountered in the field than an APD Officer.

Based on the Officer’s statements at the scene, there was no mistake, APD procedures were followed and he’d shoot her again tomorrow. If so, this tragedy will be repeated. Please don’t let that happen.

“We believe the officer in question used extreme force, indeed deadly force, without regard to the life being taken. Our dog was a lovable pet within the confines of our yard. And, she was shot dead by an APD officer without reasonable cause. APD procedures must be changed so that good judgement and prudent behavior replaces senseless killing. We encourage you to contact the Mayor, the police chief and the media regarding this situation to ask that a full investigation occur and that APD procedures and training be reviewed. Without change, we fear that others will be forced to face the devastation and loss that we have felt with the senseless taking of our dog’s life. Any loving pet-owner in Austin should share our concern.”

--- Christi & David O’Brien

Please Contact:

Mayor Kirk Watson -- 499-2250 (ph), 499-2337 (fax)
kirk.watson@ci.austin.tx.us
P.O. Box 1088, Austin, TX 78767

Chief Stan Knee (APD) 356-4249 (main)
apd3@ci.austin.tx.us
715 East 8th Street, Austin, TX 78701

Austin American Statesman -- (512) 445-3500
news@statesman.com
letters@statesman.com
P. O. Box 670, Austin, Texas 78767

KTBC FOX 7 -- (512) 476-7777
http://www.fox7.com/contact_fox_7.html
119 E. 10th Street, Austin, TX 78701

KVUE 24 -- (512) 459-6521
http://www.kvue.com/email.html
3201 Steck Ave., Austin, TX 78757

KXAN-TV36 -- (512) 476-3636
opinions@kxan.com
P.O. Box 490, Austin, TX 78767

If you saw KTBC, KVUE or KXAN’s coverage Wednesday or Thursday, please reference that in your comments.

If you would like more information, contact the O’Brien’s at david.obrien@ip-counsel.com.