The civil complaint filed against two Des Moines police officers who shot and killed Rosie, a Newfoundland dog, in November has finally found a court to hear it.
Snohomish County District Court has agreed to hear the civil complaint against Des Moines police officers Michael Graddon and Sgt. Steve Weiland.
The complaint charges Graddon and Weiland with allegedly committing animal cruelty in the second degree and trapping and wounding an animal. Both complaints are misdemeanors.
In November, Graddon and Weiland responded to a wandering dog call on 16 Avenue South and South 272nd St. in Des Moines. After attempts to identify and capture the dog failed, including tasing her twice, Weiland gave Graddon permission to use lethal force on the animal.
Des Moines Master Animal Control Officer Jan Magnuson has announced Des Moines police will conduct emphasis patrols for leash-law violations in city parks as well as the downtown and Redondo marinas this spring and summer.
The King County prosecutor reviewed the case and found no criminal culpability on behalf of the officers. An internal investigation, as well as a shooting review also said the officers did nothing significantly wrong. Interim Chief John O'Leary has also said no disciplinary action would be taken against Graddon or Weiland.
Chuck and Deirdre Wright, Rosie's owners, brought a civil complaint against the officers who killed their dog.
The case is waiting for a judge to rule on whether there is enough evidence to charge the officers with the offences in the civil complaint.
Des Moines Judge Veronica Alicea-Galvan recused herself from hearing the civil complaint brought against two Des Moines police officers when it was brought before her in February.
Galvan said whether or not she felt she could fairly preside over the trial, she couldn't allow even the appearance of impartiality. She said the officers regularly appear before her in court. She also said one of the witnesses in the criminal complaint is the son of a woman who works in the Des Moines Court.
"The integrity of the process must be preserved," she said. "We with for all of the parties to be heard in a fair and judicious manner."
She forwarded the case to the King County District Court to be heard by a judge there. King County District Court Chief Presiding Judge Barbara Linde said all of the judges in the King County District Court were disqualified and the case could not be heard in King County.
Linde sent the case to Pierce County District Court, which also said they did not have any judges who could preside on the case. At that point Pierce County sent the case back to King County District Court.
On April 27, Linde forwarded the case to Snohomish County District Court for further hearing.
A court date has not been set yet.