San Diego city attorney says no payment to officer in dog death

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San Diego City Atty. Michael Aguirre refused Monday to approve a $50,000 payment to a San Diego police officer whose police dog died of heat stroke after being left in a squad car.

The payment, endorsed by the City Council, was to be officer Paul Hubka’s share of a settlement of a lawsuit filed by three officers alleging that they deserve extra pay for their duties as canine officers.

‘I cannot justify payment of $50,000 to a police officer for care of an animal that he allowed to die under his protection,’ Aguirre said in a written statement.

Forest, a 5-year-old Belgian Malinois, died June 20 after being left in Hubka’s squad car outside his home in Alpine as temperatures exceeded 100 degrees. A necropsy confirmed the dog died of heat stroke.

The county District Attorney is determining whether Hubka, a 22-year veteran of the Police Department, should be charged under a state law making it a crime to leave a dog in a closed car on a hot day. A similar charge against another canine officer ended in a hung jury in 2001.

Hubka’s attorney says he may go to court to force the city to make the payment.

Tony Perry, in San Diego