‘I’m Gonna … Shoot it Anyway”: Lawsuit Claims Police Planned to Kill Barking Dog

Brittany Preston says her licenced 18-month-old, 44-pound mixed breed female dog, Lexie, wasn’t posing a danger to anyone on the morning of Nov. 22, and St. Clair Shores police deliberately set out to kill her.

Preston made the allegations in a lawsuit filed in U.S. District Court claiming two police officers shot Lexie four times, then dragged the wounded animal to an animal control truck and shot her four more times instead of taking her to a veterinarian for treatment.

Named as defendants are the city of St. Clair Shores, police Officers David Jacquemain and Jeremy Moskwa, and animal control officer Tom Massey.Preston claims the officers’ actions violates her rights under the Fourth Amendment of the U.S. Constitution, which prohibits the government from unreasonably destroying or seizing a citizen’s property.

Preston lives at the  home of her grandfather, Thomas Warunek, who she said accidentally left the dog outside in the early-morning hours. Her grandfather is in fragile health and didn’t hear the dog’s cries to be let back in the house during the freezing weather, Preston wrote on a Justice for Lexie Facebook page established to protest the police action that day. 

The dog had broken through the fenced back yard, where she is normally contained when not in the house, and went from the porch to the side door, where she barked to be let in. The barking went on for about 90 minutes, causing a neighbor to complain. Police arrived at the home about 7:20 a.m., but had been aware the dog was out since about 3:15 a.m.

Much of what transpired next is recorded on police dash-cam video.

» Watch the dash-cam video. Warning: Video contains language that is not appropriate for children and may be offensive to others. Gunshots and barks from a dying dog are audible, but are preceded by warnings.

The lawsuit alleges one of the officers can be heard saying: “The only thing I’m gonna do is shoot it anyway. I do not like dogs.” At another point, an officer says, “I don’t do snares, I don’t do dogs … I’ll shoot the (expletive) thing.”

Further, when Warunek answered the door, police can be heard saying: “Hey, here is what I’m gonna tell you, if this isn’t your dog, then you don’t care if I shoot it because I’m about to. I’m very close to killing this dog, do you understand what I’m telling you right now? I will kill this dog. So if this is your damn dog, bring it in the house.”

Warunek agreed to let the dog in, according to the lawsuit, which also alleges that a passerby said he thought the dog belonged to a neighbor. “OK,” the officer reportedly responded, “well, we have our guns out, we might have to shoot it, so I wouldn’t be walking around here, OK?

Three shots can be heard, and  the officers can be heard discussing whether to shoot Lexie again because she had survived and can be heard yelping in pain. Another shot is heard. At one point, an officer says there was “no way around” shooting the dog, who the officers said appeared to be protecting the house, because they said the dog lunged at the officers.

The police officers were cleared of wrongdoing on Jan. 6 after the St. Clair Shores City Council heard the report of an internal affairs investigation, but  Prescott claims in her lawsuit that key statements from her grandfather and other information was omitted.

Prescott is seeking punitive and compensatory damages and attorney fees.