Police refuse to release video of Desert Hot Springs officer shooting and killing dog

Amid public criticism of a police officer's fatal shooting of a dog, Desert Hot Springs officials said video proves the officer fired in self-defense. But more than a month later, the city is still refusing to release the body-camera video, despite multiple requests from The Desert Sun.

Deputy Police Chief Steven Shaw, in a Facebook video, said the officer was responding to a disturbance between a property owner and possible trespassers in the open desert area around West Drive and 15th Avenue on Nov. 14. He said a “full-sized Pitbull mixed dog” escaped their enclosure and aggressively ran toward the officer.

The officer tried to back away but shot and killed the dog after it continued to advance and he feared for his safety, Shaw said. The officer, whose name the city also didn't release, was not injured.

The police department is conducting an internal investigation into the shooting.

Many residents expressed disapproval of the officer's actions and demanded police release body-camera footage of the shooting after a resident's video taken at the scene was posted on social media. This video does not appear to be publicly viewable online any longer.

“Since this incident, the department has become aware of video posted on social media that was taken after the incident,” Shaw said in a Nov. 16 video posted by the police department. “This video is portrayed to depict the scene at the time of the shooting. This video was not taken at the time of the shooting and does not accurately represent the incident as it took place.”

Deputy City Manager Doria Wilms said the video gives the impression the dog was laying down and nursing puppies when shot, which was not what happened.

Shaw said the officer has since received emails “bordering on criminal threats,” and the department will investigate and prosecute people for threatening its officers. The department is concerned releasing the body-camera footage would continue these threats, according to Shaw.

He told The Desert Sun the department is protecting the officer and integrity of the internal investigation until it is completed.

“We won't release anything until we're done with that investigation and then we'll take a look at whether we're going to release it publicly after that, but until that investigation is done, we will not release anything for sure,” Shaw said.

Shaw made good on the avowal as the city declined to release any footage of the incident in response to a formal public-records request from The Desert Sun.

Under a state law meant to promote transparency around officers' use of deadly force, police departments are required to release body-cam footage of police shootings and various other confrontations with the public. While departments can delay release of these materials for several reasons, such as if it would compromise an investigation, departments are required to explain to the public why they have decided against or will delay release.

Desert Hot Springs City Clerk Jerryl Soriano wrote on behalf of the police department that the release of the video would both compromise an ongoing investigation and that the state's public records laws requiring the release of body-camera footage do not apply to fatal shootings of dogs, only to shootings of people.

Police departments, however, have the discretion to release the records if they choose to.

Wilms said she reviewed the body-camera footage, and it showed the dog coming around the corner and “very aggressively” advancing at the officer. She said the officer tried to back away two or three times but shot the dog after it continued to advance at him.

“Let me first say, as a resident, if I didn't have the opportunity to view the body-cam footage or know the context I can understand some of the emotions that would come into play here,” she said. “This is an emotional situation. I'm an animal lover myself.”

There had been two attacks on other people at that same site in the last week and a half before the shooting, Wilms added. She also said the city will take threats against its officers seriously.

“It is very important that our community understand that facts matter and that looking at a snippet on a video that shows one side of a story ... please be patient so that the other facts can come out as well," Wilms said.

Ani Gasparyan covers the western Coachella Valley cities of Desert Hot Springs and Cathedral City. Reach her at ani.gasparyan@desertsun.com.

Christopher Damien covers public safety and the criminal justice system. He can be reached at christopher.damien@desertsun.com or follow him at @chris_a_damien.

This article originally appeared on Palm Springs Desert Sun: Desert Hot Springs keeps video secret of police officer shooting dog