By Associated Press - Saturday, January 28, 2017

CHARLESTON, W.Va. (AP) - A lawsuit claims the West Virginia State Police lack proper training in dealing with dogs after a Wood County woman stopped a trooper from shooting her dog and was arrested for it.

According to the Charleston Gazette-Mail (https://bit.ly/2kxYLaJ ), the lawsuit in Charleston federal court claims 23-year-old Tiffanie Hupp was maliciously prosecuted after she stepped in front of a trooper to stop him from shooting her dog, Buddy, while her 3-year-old son watched.

Hupp was acquitted of misdemeanor obstruction charges last year after a Wood County Magistrate Court jury trial.



The Animal Legal Defense Fund says Trooper Seth Cook testified that he decided to try to shoot based on training. The group says West Virginia State Police officers killed at least 15 dogs between 2010 and 2014.

State Police spokesman Lt. Michael Baylous declined to discuss pending litigation.

Buddy, a Labrador-husky mix, was tethered to a tree and posed no threat to Cook, according to the lawsuit. Hupp’s husband, Ryan, recorded the incident on video and it gained national attention after the couple posted it online.

Hupp’s stepfather had called 911 after he had been arguing with his neighbor. After troopers determined no arrests were needed, Cook walked toward Myers’ house and the dog barked at him, the lawsuit states.

Cook testified at Hupp’s trial that he wasn’t afraid of the dog “because it couldn’t reach him,” the complaint states. Cook then pointed his gun at the dog and put his finger on the trigger, according to the complaint.

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He testified that “he was following his training that mandates that he shoot any dog that approaches him,” the lawsuit says.

When Hupp stepped in front the officer, Cook grabbed her, threw her to the ground, pushed her against the police car and arrested her, the lawsuit states.

The Animal Legal Defense Fund is working with a national sheriff’s association to try to make canine encounter training mandatory, according to a news release.

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Information from: The Charleston Gazette-Mail, https://wvgazettemail.com.

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