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Insist S. Dak. Attorney General seek justice for Duke, dog unlawfully killed by an Officer

This petition had 5,055 supporters


 On Sept 22st of 2014, Officer Douglas Magee of the Springfield SD police Dept. told the family of Duke that he had picked up the dog at 3:30pm, drove around looking for his owner and then dumped him at a campground at 6:00pm when he got a call about a loose calf in town. Stating the calf was more important. He claimed he went back later to pick up the dog but he was gone.

Dukes family filed a complaint against the Officer with the Bon Homme states Attorney for dumping Duke.

SDCL

  {40-1-2.3.   Neglect, abandonment, or mistreatment of animal--Misdemeanor. No person owning or responsible for the care of an animal may neglect, abandon, or mistreat the animal. A violation of this section is a Class 1 misdemeanor.
Source: SL 1991, ch 331, § 3; SL 2014, ch 194, § 3.}

 

The family searched for their dog for over 8 months until they learned in June of 2015, that the office had in fact killed Duke.

The family of Duke also learned that the investigation of the cop and his dumping of Duke had been a rushed, incomplete,sloppy, one sided investigation, even though the officer admitted to the DCI agent that he had killed Duke.

The reason he gives for killing Duke, he claims Duke was flea and tick infested, mangy looking with hair missing on lower back and butt and that he had no where to go with the dog in such condition, so he took him into the country to an abandon farm and shot him twice then hid his body in a grove of trees.

SDCL

{40-1-13.   Euthanasia of fatally injured or diseased animal--Notice to euthanize--Violation as misdemeanor. Any animal injured or diseased past recovery shall be euthanized within twelve hours in a manner prescribed in rule by the board, by the owner or person in possession of the animal, after having been notified by any law enforcement officer, any agent or officer of any humane society, or any agent of the board to euthanize the animal. A violation of this section is a Class 1 misdemeanor.
Source: SDC 1939, § 40.2206; SL 1991, ch 186, § 8; SL 1991, ch 331, §§ 25, 27; SL 2014, ch 194, § 13.}

If the DCI agent had bothered to check South Dakota Codified laws concerning the humane killing of animals, he would have learned that an animal has to be injured or diseased past recovery to legally kill the animal.

If the DCI agent had done a thorough investigation, he would have learned from Dukes vet/medical records that Duke had just been to the vet not to long before he was killed and he was not mangy looking nor flea and tick infested.

If the DCI agent had check with the police dispatcher, he would have learned the calf incident was called in at 1:04pm and 1:40pm, in direct conflict with the officer's statement that he dumped Duke at 6:00pm when he got a call about a loose calf in town.

The officer stated that he didn't know who Duke belonged to even though the officer had been to Dukes home about a month prior and had seen Duke. The police Dept is also within  half a block from Dukes home in a very small town. Another fact the agent neglected to check into.

A judge court ordered the release of the DCI agents investigation of Officer Magee. There are pictures of Dukes remains taken by a Sheriff deputy shortly after he was killed. These pictures are missing from the report, supposedly never printed and now the Deputies cell phone is broken so the pictures are lost.

The dash cam in the patrol car was supposedly broken also.

Emails between Bon Homme County Sheriff and DCI agent Cunningham are also missing from the report though they are mentioned as "many emails"in the report. The Sheriff claims they have been deleted.

These are just a few of the numerous problems with the investigation of Officer Douglas Magee by DCI agent Darin Cunningham. The DCI agent did a terrible job and the Assistant Attorney General Harold Deering found no reason to prosecute the officer even though Officer Magee clearly broke two South Dakota state laws when he dumped Duke off at a camp ground and then when he killed him. 

We are asking for a new investigation of Officer Douglas Magee for the unlawful dumping and unlawful killing of a friendly family pet named Duke



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