Charge in Police Dog’s Death Dismissed

SAN DIEGO â€”  Three weeks after a jury failed to reach a verdict, a Superior Court judge Tuesday dismissed a misdemeanor charge of animal cruelty against a San Diego police officer in the death of his police dog.

A jury had deadlocked 9 to 3 in favor of acquitting Officer Lawrence Cahill, a 15-year veteran, in the heat exhaustion death of C.J., a German shepherd. The trial was the nation’s first case of an officer charged with an on-duty death of a working police dog.

Judge Janet Kintner granted motions by the prosecution and the defense to drop the charge rather than retry the case.

“I’m elated,� Cahill said later. “I’m more relaxed than I’ve been for a long, long time since this all began.�

Deputy City Atty. Jonathan Pyatt said that additional investigation after the trial failed to find any new evidence to boost the chances of conviction. Still, the prosecutor said the weeklong trial had served a worthy purpose.

“It raised awareness in the public of the dangers of leaving dogs in closed cars,� Pyatt said. “And it sends a strong message to the [Police Department’s] K-9 squad: They’re liable just like any other pet owner for not taking care of their pets.�

After the dog’s death, Cahill, 40, was transferred to the traffic division. The Police Department had recommended that Cahill be prosecuted for the death of 7-year-old C.J.

Cahill’s dog died after being left in the back seat of a patrol car for 90 minutes on a warm day in July. The air-conditioning unit in the car failed during Cahill’s absence. Technicians later found that the unit was clogged with dog hair.

Cahill said he still mourns C.J.’s death.

“He was my friend, my buddy, a member of my family,� Cahill said. “He was a playmate for my 4-year-old son. My son would bathe him and play with him. To lose C.J. and then to have the criminal case, it was just too much.�

Pyatt had argued that Cahill was negligent. Cahill’s defense attorney, who was paid by the Police Officers Assn., said the incident was just a tragic mistake.

“When you look at this case, no matter how you turn it, the chance of a unanimous verdict one way or another is very remote,� said defense attorney Richard Pinckard.

During the trial, a tearful Cahill testified that he had decided to leave C.J. in the car rather than put him into the department’s kennels because he was worried that the dog would get fleas or be bitten by other dogs.