San Diego city attorney sues cop whose dog died

San Diego City Atty. Michael Aguirre on Friday filed a civil complaint in Superior Court seeking damages from Officer Paul Hubka, whose police dog died of heat stroke while left in Hubka's squad car.

Aguirre wants Hubka to pay the cost of acquiring and training a replacement for his dog. He said the cost exceeds $25,000.

"Since 9/11, police dogs have become hard to replace because of the high demand for them worldwide," said Executive Asst. City Atty. Don McGrath.

The Belgian Malinois, a medium-sized dog with great stamina and intelligence, is used by police departments across the U.S., including the Nashville Police Department, whose dog is seen above. Like the San Diego department, Nashville gets its Belgian Malinois from breeders in Europe.

Aguirre's announcements comes as the San Diego County district attorney is determining whether to file a criminal charge against Hubka under a law that makes it a crime to leave a dog in a car on a hot day. Hubka's police dog, a five-year-old Belgian Malinois named Forrest, died while left in his squad car on a day when the temperature exceeded 100 degrees.

Hubka, a 22-year veteran of the Police Department, remains on duty but has been removed from the canine squad.

Aguirre announced on Monday that he will not approve the payment of $50,000 to Hubka, his share of a settlement of a lawsuit filed by three officers claiming the city owed them extra pay for their canine duties. Hubka's attorney protested that the payment had already been approved by the City Council and was unrelated to the death of Hubka's dog.

Hubka allegedly left Forrest in his squad car after he returned to his home in Alpine after working an overnight shift. Hours later the dog was found dead. City policy requires officers on the canine squad to responsible for their dogs 24 hours a day.

With 45 dogs used for patrol and detection, the San Diego department says it has the largest canine unit of any department in the country. Among its dogs are German shepherds, Rottweilers, and Belgian Malinois.

All dogs undergo an eight-week, 120-hour training schedule.

-- Tony Perry, in San Diego

Comments

[Zootiz]

This guy should lose his job. If that dog was in the car for more then 10 mins. without the A/C on this was a crime.

In fact, he killed a fellow officer. Don't they consider it murder if a suspect kills a police dog?

Seems the same should apply to him. What a jerk.

RrL

[Deb]

Civil Lawsuit? I believe he should be charged criminally and I believe strongly that it says something about this city that it's okay to roast a dog to death. The worst that will happen is that you'll be out some money.

Additionally, if this officer can't even remember to keep a living animal safe - how on earth can he be trusted to keep the citizen's he assigned to safe?

[SJ]

I've read of police officers killing their dogs this way on a few occasions. Why aren't they charged criminally the same way a civilian would be? People have been charged with a felony for leaving animals to die in hot cars. They should be fired and charged for animal neglect and cruelty and for killing a fellow officer. It is a shame and waste to still have this criminal on the force.

[gonococci]

There is always a double standard for government employees and police/fire departments. These people look after one another, and there is no way that this or any other cop is going to be charged criminally or otherwise for killing a dog. Hell, they routinely beat up civilians just because they feel like it and nothing ever happens to them. The system is corrupt--governor, mayor, police chief, city council; almost everyone is in on the take. Regular joes are just too poor or too rich or too busy, or flat out apathetic to care about any of this.

That's the problem. Us, not them.

[Bert]

As much as I regret the terrible way the dog died, and think that the officer was very irresponsible, I also think Officer Hubka should not be disciplined any more than if he left any other piece of valuable sensitive police equipment in harms way and against policy that resulted in the equipment being destroyed. If existing policy says that an officer must reimburse the department for equipment lost in an irresponsible manner, then he should be required to pay the $25,000.

I love dogs and would be devastated if my dog died in such a terrible way, but we must not be irrational and be reminded that it is a dog and not a child.

He has already earned the $50,000 and should receive it.

[margaret]

Ever heard of an ACCIDENT!!! This is a terrible tragedy.......not a crime.
The dangers that face the Officers who are there to protect and serve us go unnoticed by the public. All that is publicized are negative and tragic occurrences. Very few people have the strength and character to handle the day to day situations that face our officers.
Let's see some of you patrol the streets in the middle of the night.......never knowing if it could be your last. Yeah...just sit there in your homes...all safe and sound while our Officers are watching over your neighborhoods. Gimme a break!