Constable shoots self in foot trying to fight off pit bull

[Cross-X]

Lawman shoots his own foot trying to fight off pit bull attack
Dec. 29, 2006, 8:19AM

By LINDSAY WISE
Copyright 2006 Houston Chronicle

A deputy constable shot himself in the foot Thursday morning while trying to fend off a pit bull attack, authorities said.

Deputy C. Menefield was in the process of evicting a tenant from a residence in the 13900 block of Wrigley when the man opened the door and allegedly ordered a dog inside the home to attack, said DeAnn Collins, a Precinct 7 spokeswoman.

She said the pit bull lunged at Menefield's leg. As the deputy tried to kick the dog away, he fired his gun, shooting himself in the left foot, Collins said. The dog ran back inside at the sound of the shot and was later taken to the city pound.

Menefield, a five-year veteran, was transported to Memorial Hermann Hospital. He was released in good condition and was recovering Thursday night at home, Collins said.

The dog's owner, 41-year-old Alan Trevino, was charged with making a terroristic threat, a Class B misdemeanor, she said. Collins said Trevino had been notified of the eviction date.

The deputy had arrived with a locksmith and a moving company.

Trevino, who has a "very lengthy criminal history," was inside, refusing to leave when he allegedly ordered his dog to attack, Collins said.

http://www.chron.com/disp/story.mpl/front/4431884.html

 

[FalArAk]

Terrorist threat ? Frggin guy should be charged with ADW.

 

[EddieCoyle]

Terrorist threat ? Frggin guy should be charged with ADW.

That's exactly what I was thinking.

 

[Admin]

Trevino, who has a "very lengthy criminal history," was inside, refusing to leave when he allegedly ordered his dog to attack, Collins said.

death penalty

 

[JonJ]

Foot:

Dog:

 

[Len-2A Training]

It is definitely one of the risks of Constable work.

I can also see the problem with coordinating eye, hand, & foot as you fend off the dog and try to shoot it as he's trying to make you into a chew toy.

I agree that ADW and a large civil suit is more in order here.

Evicting someone with a "lengthy criminal record" would give me pause to bring "additional troops" to the party. I'd have someone from the PD there with me to "keep the peace" (legally in MA a PO can't get involved with the eviction, but if the person creates a breach of the peace or refuses to leave-criminal trespass the PO can make that arrest).

I did one eviction where the woman refused to leave and she called the police (who I had already given a "heads up" to, as we knew this was likely). The police arrested her on "criminal trespass" for ignoring the court order to vacate. I could have made the arrest, but much prefer that the PD do it!

I did another eviction where the person was wanted by Boston PD on an active warrant (numerous charges). We knew that he was "gone" but otherwise I would have had a local PO there to slap the cuffs on him (for the criminal warrant) after handing him the eviction papers . . . or in case he tried anything funny.

 

[Len-2A Training]

Also be aware that "Constable" means different things in different states.

In TX, they patrol and serve the same functions as a County police department . . . sort of a hybrid between a town PD and the state police/highway patrol. By MGLs, we have actually more power than the local PD, HOWEVER reality is that no LE agency/DA/AG would stand behind us if we suddenly started patrolling and trying to give out tickets (the RMV would never issue us the ticket books either). We also wouldn't get paid to do that stuff . . . don't know how the compensation system works for TX Constables.

 

[depicts]

This is just another case that proves that constables should do what they are best at. The constable should have served the Pit Bull a summons!!

Sorry Len, couldn't resist

 

[Len-2A Training]

Actually IIRC TX Constables have to be "certified peace officers" which means graduates of a police academy.

Regrettably, this is NOT required in MA, although that may change in the not too distant future. Our association is a partner in a Fed grant investigating the needs of ALL LE training and our new president and myself are very firm believers in required training on an ongoing basis. If the consultants that we hired by this grant conclude that training should be mandatory, MPTC could be adding a whole new training program in a couple of years.

 

[bazfoo]

death penalty

 

[Garys]

The Constables I've seen in Texas are uniformed and drive marked patrol cars. As Len points out they are POST certified LEOs. I'm not sure where they fit in between Sheriff's deputies and local PDs, since some areas seem to have all three, plus the State Police.

However, I do know two Texas lawyers and will find out. That's if anyone is interested.

Here is the answer from one of the lawyers I know down there,

"Basically the same here. They are a constitutionally created officer, and
they have full law enforcement powers. Their roles vary widely from place to
place.

They are supposed to be the officer that serves process, but in many areas,
such as Harris County (Houston) and Dallas County, their offices have become
powerful political offices, they patrol freeways, and supplement law enforcement
at many levels. In Harris County, for example, there are around 300 deputy
constables.

They also serve as the court bailiffs in the Justice of the Peace Courts
(equal to Municipal Courts, with misdemeanor jurisdiction) and in other courts in
many counties.

In Texas, each county may elect 4 constables, and the county is divided into
constable precincts. However, by Constitutional amendment, in counties of
less than, I think 18,000, the Commissioners' Court, consisting of the County
Judge and 4 Commissioners, which is the governing body of a county, can limit
the number of constables to one.

In my own county, which has a population of only about 3,500 people, 100,000
cows, 50,000 goats and 500,000 deer and turkey, there is only one constable.

Regardless, a constable's powers extend beyond the precinct lines, and he may
act within any part of his own county. He may also serve civil process in
adjacent counties, and he may serve criminal warrants anywhere in the state.

Gene"

 

[depicts]

Gee I didn't even get a rise out of Len. Seems I only do that when I'm NOT trying!!

 

[securityboy]

Also be aware that "Constable" means different things in different states... By MGLs, we have actually more power than the local PD ...

You mind elaborating on that a bit?

 

[Len-2A Training]

Securityboy:

http://www.mass.gov/legis/laws/mgl/41-98.htm

Chapter 41: Section 98. Powers and duties

Section 98. The chief and other police officers of all cities and towns shall have all the powers and duties of constables except serving and executing civil process.

Here's one that really gets the police in a tizzy . . . the coveted Ch. 90!

Chapter 90: Section 1. Definitions

Section 1. The following words used in this chapter shall have the following meanings, unless a different meaning is clearly apparent from the language or context, or unless such construction is inconsistent with the manifest intention of the legislature:

“Police officer” or “officer”, any constable or other officer authorized to make arrest or serve process, provided he is in uniform or displays his badge of office.

In a private meeting with the Secretary of Public Safety (~5 or 6 years ago), she asked me "Constables don't have any Ch. 90 authority, do they?". At the time I answered that I didn't think so, as I had not found this definition before then. She was very relieved with my answer . . . but lo and behold we do according to statute (not from a practical matter however).