Tracy Police Department Chief Gary Hampton confirmed Wednesday, Oct. 10, that an officer ran over and killed a Chihuahua on the 400 block of Kavanagh Avenue on Sunday at about 9:45 a.m.
According to Capt. James Watney, who also spoke about the incident Wednesday, the unleashed dog ran “straight out into the street,” and into the path of the officer’s cruiser.
The officer only stopped after becoming aware the dog was hit, Watney said.
Hampton declined to identify the officer but confirmed there is an internal review by the department regarding the dog being killed. He also said the arrest will be reviewed, though he had not received a formal citizen complaint as of Thursday evening.
If the review leads to a formal investigation, however, Hampton said state law would not permit him to discuss it.
Michael Garcia, 29, said he witnessed the incident while working on his dirt bike in the front yard of his Kavanagh Avenue home.
Garcia said the officer didn’t appear that he was going to stop after hitting the dog, so Garcia said he flagged the officer down.
According to Garcia, the two exchanged words, with Garcia admonishing the officer for hitting the animal.
The officer then drove to where the dog was, Garcia said, as the owner walked over and picked up the dead animal.
At that point, Garcia said he yelled at the owner in Portuguese that it was the officer who had run over the dog.
The officer then drove toward Garcia and asked if he had a problem, according to Garcia.
“I said, ‘Yeah I got a problem. You’re a cop, and you just hit and run a dog, pretty much,’” he said Thursday.
After what Garcia described as an exchange of insults, the officer exited his car and was shaking as he approached him, Garcia said.
“I instantly sat down on my driveway, Indian style, and he reached for his Billy club,” Garcia said.
He then reportedly reacted by standing up and telling the officer that he hadn’t done anything wrong. However, Garcia said the officer then put the club away and told him that he was under arrest.
The officer then allegedly grabbed Garcia’s shirt, Garcia said, to which Garcia said he reacted by jumping away.
That movement was the basis for a resisting arrest charge, Garcia said.
“I’m not resisting anything — tell me my charges,” he said he told the officer.
Garcia was pepper-sprayed during the exchange, according to the Tracy police log. Watney and Hampton each said that Garcia was also charged with threatening the officer.
Luciano Leonardo, a neighbor to Garcia, said Garcia was pepper-sprayed while lying in his driveway.
Hampton was not able to say if Garcia was sprayed while lying on the ground or speak to the specific incident, because he had not received all information regarding the arrest.
In general, however, Hampton said pepper-spraying a person on the ground is not necessarily excessive force. He said that, depending on the circumstance, someone could be in handcuffs and pepper-sprayed within the parameters of acceptable police conduct.
“There’s all kinds of scenarios,” he said, saying he would withhold judgment on Garcia’s case for the time being.
“I just want to make sure I remain objective,” Hampton said.
Garcia said he felt wronged.
“I don’t feel like I did anything wrong, and I still don’t feel like I did anything wrong,” Garcia said Thursday.
“I swear to God he did not threaten (the officer),” Leonardo said.
Garcia said he was held in San Joaquin County Jail in French Camp from Sunday to Wednesday, when he said he entered pleas to the two misdemeanor charges at the court hearing in the Manteca branch of San Joaquin County Superior Court.
But Garcia insisted Thursday he did nothing to warrant being pepper-sprayed and arrested.
He only entered the plea, he said, to get back to his job, and because his lawyer was not present at his court hearing after confusion regarding the time of his appearance.
“If (my attorney) was there, I would have had the whole case dismissed,” Garcia said. “It’s not right, it’s not justice.”
Garcia added that “I never threatened (the officer), I never attacked him, I never lunged toward him, nothing. No way. I’m not stupid.”
He described his ordeal as “like a bad dream.”
Hampton said the internal review of the officer running over the dog is a routine measure “any time we have community members speaking out about (officer conduct).”
Hampton, who said he is a pet owner, called it a “tragedy” that someone’s family pet was killed, and that it was appropriate to find out how it happened.
Garcia said he might take his arrest up with City Hall.
I could see if you overheard the officer yelling 'die chihuahua' and laughing as he accelerated over the little dog, getting this upset. But do you honestly believe he ran over the dog on purpose? Accidents happen. Animals run in front of cars everyday and get killed. It doesn't mean the drivers did anything wrong! I'm confused what your intent was while yelling at the officer and probably being rude while doing it.
You are so victimized in your mind by the officer arresting you for doing 'NOTHING WRONG'. Well the officer probably felt the same way at your actions. He is driving down the road, keeping the streets safe and all of a sudden some guy flags him down and starts yelling at him when the officer thinks he was doing 'NOTHING WRONG'. You, Mr. Garcia, are being a huge hypocrit in this situation! The DA will probably drop your charges because it isn't worth spending tax payers money on stupid stuff like this, but I suggest next time, you think about your approach when you are upset at someone. Yelling and being a jerk certainly isn't going to get a good reaction from someone! Hopefully a lesson learned, but probably not. :(
You are absolutely correct. In fact, Italy even had trouble fighting against spears in Ethopia, with tanks, before leaving the Axis. Japan declared war on the Allies and there was Pearl Harbor.
I think debdaves is over the top and you are right, she is jumping to conclusions, here, before having all the facts.
Using the vast knowledge of WWII I acheived through reading and years of study, I can tell you as fact Hitler was "questioned" plenty. However, as shown before and since WWII appeasement does not work. I suggest researching the lead up to WWII and how the French & British dealt with Hitler and the rearmament of Germany.
You may also want to do a little research about the numerous assasination attempts on Hitler by his fellow Germans. Now I don't know if trying to kill someone qualifies as his leadership or person being "questioned" so I'll leave that up to you to decide.
This is a lesson for the kids, don't complain about being bored or not having certian things. Pick up a book, watch documentaries, do research on the computer about history rather than what some mindless celebrity wore to an awards show, become informed, learn about how someone like Hitler comes to power, knowledge is wonderful.
You don't have tommybahama/fortheunderdog to kick around anymore, but what you are doing is just as bad as what he did to Jan. IMHO.
First thing is first - KEEP YOUR PETS INSIDE or MAKE SURE THERE IS NO WAY FOR THE ANIMAL TO GET OUT OF THE YARD!!! Second thing - some cops are just douchbags with a power trip.
Just a thought. Might help prevent this from happening to one dog, its worth the time spent getting to know your neighbors.
Some people now have Siri on their iphones. I don't yet have one, but lots of people do and they can say hi, connect, and keep in touch that way.
Just a suggestion. Hope it helps.
As for some of the others posting comments it might be a good idea to wait for the facts before rambling about something you know little about. Oh wait, the citizen involved is using this venue to argue his side so I guess what he says must be so, we'll see.
Common sense 101 includes you are never going to win an argument with a police officer on the side of the road. Understanding The First Amendment and other freedom of speech laws means knowing there are certain limitations whether legal or moral.
Interesting Mike brings up Rodney King as I was recently talking to a friend with Hayward PD SWAT about ole Rodney. We were discussing how the ill-informed, race baiters, and cop haters never bring up the fact two other people were in the car. They complied with the officers commands, King got stomped because he was too stupid to do the same but people like Al Sharpton don't want to talk about it because it doesn't fit thier agenda.
Alex, I'll take common sense and facts for $200
We called it pickin yer battles. Thank Willy Nelson said it was knowin when ta hold em, knowin when ta fold em an knowin when ta run.
Yep, arguin with a law enforcement officer when he's out doin his job just ain't th best thang ya can find yerself doin an generally speakin it ain't gonna tarn out well fer ya.
Was laughin over CRs comment about tellin off th cops at his place cus he had video cameras.
Knew a guy once that thought them cameras were gonna protect him an ended up gettin him brought ta jail, prosecuted an sentenced fer resistin arrest.
An th really funny thang is they warn't thair ta arrest him but were lookin fer someone else. He let his mouth run on until he went too fer an then th cops took him down, cuffed him an hauled his dumb butt ta jail. Wonder when we all might be entertained by CR as he exercises his right ta free speech.
So, fer $200, "The property of maintaining proper decorum in the presence of authority." :)
You can't talk about freedom without talking about responsibility without talking about love.
I pulled over an waited in th truck until th officer came up an then I said ta him, "Good evenin officer is thair some type of trouble?"
He said, "Sir, when I pulled up behind your truck I couldn't help notice that your right rear tire looked low."
I said, "Oh really, mind if I take a look?"
He said, "Certainly but please be careful that you don't accidentally step into the road and get yourself hit by a passing car."
I thanked him fer his consairn, got outa th truck, walked around ta th right rear tire an shore enough, it was low.
Told th officer, "Yep, it's low but thair's enough air in it I thank if I drive it slowly I can make it safely ta a station ta fill it up?"
He said, "Would you like me to follow you up to the station to make sure you get there all right?"
I told him, "No, thanks anyway, I thank I can make it OK an besides, ya probably got better thangs ta do than escort me ta th gas station."
He said, "Ok, just take it slow and have a nice evening."
I said, "Thanks fer stoppin me an lettin me know I had a low tire."
See Mike, they do help more than ya thank.
Been stopped a lot of times fer this an that but never had a problem with th officers though. I larned way back when I was a kid that if yer polite ta them unless ya have really done somethang pretty stupid they treat ya pretty nice. Sorta th way with th average person too, ya treat others nice an they usually treat ya nice in return.
An besides, it's never a good thang ta get a guy that's got a gun an pepper spray ticked off at ya because of th way yer behavin. Thair are other ways, like a phone call ta th watch supervisor or Chief of Police.
I am sorry but I just do not buy it. You had no right to butt your nose into your neighbors business. He had no right to let his dog run down the streets. You had no right to expect a cop to sit and listen to your lecture that you did nothing wrong. Maybe the cop did not know it was something running at the car while he is multitasking listening to dispatch and watching out for a dumb dog. Excuse me, I did not mean to insult the dog. Dumb owner.
The owner of a dog that is let to walk the streets does not deserve that dog. If you want to be dummer then you obviously have the right to defend dumb. But you should know that it does not make you sound other than dummer than the person who let his dog get run over. If you had been an another neighbor hit the dog I am sure you would have acted in a more respectable manner.
Poor children. Please cover your ears in the presence of your stupid neighbors.
the skies opened, time stopped, Sheen got his old show back, who cares.
When something does happen, address it.
Havin run over all sorts of animals out in th country, somethang that happens if ya drive out thair long enough yer gonna hit birds, rats, mice, th occasional coon or skunk, it just sort of happens. Unfortunately, or perhaps fortunately if ya thank about it frum a carin mental state that don't really wanna end up hurtin or killin anythang without a good reason, ya don't always feel em when ya run over em.
Was follerin a fella once while drivin outa a field one evenin when he nailed a racoon. Thair was no doubt th coon was dead so I continued ta foller him ta th edge of th field, about a half mile away.
When we got thair I said, man, ya really nailed that coon back thair. He said, what coon? We got ta discussin it an he didn't even know he hit it.
Now this coon probably weighted about 20 lbs. I use ta have a chihuahua an soakin wet I doubt if he weighed more than 3 ta 4 pounds an if a guy can hit a coon weighin 20 lbs an not notice it I can see how an officer might have th same type of thang happen ta him.
Could this have happened? Don't know but it is possible.
Why do think every time I have had an exchange of words, Tracy PD sits there and takes it? They won't abuse your rights in front of the cameras!!
SOOOOO, let me get this straight, an officer runs over a dog, then fails to stop, then an innocent by standing, up standing citizen has the courage to do the 'right thing,' run after the cop to ask him why he failed to stop, as in a 'hit and run' which is btw illegal.....
Then the officer shows high handedness by being aggressive to the questioning citizen....
Then he uses force such as pulling out his baton, pepper spraying etc.
What's wrong with this picture?
Your faith in the veracity of the reporter's article and your unwillingness to await any report from an internal investigation.
Just observing.
I am confident this dog habitually ran loose in the neighborhood. The same thing happens in my neighborhood--many Chihuahua owners seem to think their dogs are exempt from laws.
Need I say more...