Man suing over dog's death

Robert Murray insists a Nephi police officer shot and killed his dog without cause and he's taking the issue to court.

Randall Spencer, Murray's attorney, filed a notice of claim with the city Wednesday, taking the first step in suing the government entity.

Murray alleges that Nephi police officer Alan Price shot Pete dead last March in his front yard even though Murray said the dog was good-natured and not threatening the officer at the time.

But Nephi City Police Chief Chad Bowles said he stands behind the actions of his officer.

"If a dog causes a threat to them, (officers) have every right to put it down," he said.

Bowles said the original call to the residence came after a couple walking by the home claimed they had been attacked by the dog. When the officer arrived and tried to contact the owner, "the dog came at him," he said.

"He didn't have time to get back," Bowles said. He said Price shot the dog once while it was biting at his feet and then when it turned away, he saw it was hit pretty hard and he shot it again "to put it down." He said it wasn't the first time officers had been called to Murray's home, recalling a verbal warning had been issued about Murray's non-compliance with local leash and kennel laws.

"He won't cage his dogs because he believes its like putting them in jail," Bowles said. "And that's not following the law."

Murray said he has suffered mental and emotional distress due to the shooting, as well as loss of property, and is seeking $75,000 in damages. Spencer said that figure arose from a jury verdict in a similar case.

Spencer said Pete, a border collie-heeler mix, was about five years old and Murray, who is disabled, spent about two hours a day doing obedience and other training with Pete. Neighbors, he said, are prepared to testify about the good nature of his dog.

Bowles said Price was placed on administrative leave during a probe of the incident — which is routine when an officer discharges a duty weapon. Findings were then presented to the county attorney, who agreed with the police department's position and dismissed the issue.

Spencer said he has not seen a written report about the police investigation, but his client became upset after attending city council meetings where he perceived his concerns were brushed off.