DUI Suspect Tries to Drown K9

[Willowdared]

Drunken-driving suspect tries to drown police dog before arrest
By Susan Shroder
Originally published 10:08 a.m. January 25, 2009, updated 11:47 a.m., January 26, 2009

CARLSBAD — A drunken-driving suspect who fled on foot into a lagoon refused to surrender and tried to drown a police dog before he was arrested, police said Sunday.

Lavar Toosweet McKiernan, 24, (not 34 as previously reported) was taken to Tri-City Hospital in Oceanside, where he was being held under guard Sunday morning, police said.

He will be booked into county jail on charges of felony driving under the influence, felony evading causing injuries, and attempting to harm a police dog, said Carlsbad police Lt. Marc Reno.

Shortly before 1 a.m. Sunday, Carlsbad police Officer Samantha Alexander tried to stop McKiernan at Carlsbad Boulevard and State Street, near the Army and Navy Academy, after his vehicle nearly crashed into three parked cars, Reno said. The car's headlights were not on, Reno said.

McKiernan drove off with Alexander in pursuit, Reno said. He rear-ended a vehicle and ran into a telephone pole before fleeing into the Buena Vista Lagoon west of Carlsbad Boulevard, about a half-mile from where the chase began.

Other Carlsbad police officers, along with an Oceanside police dog and the San Diego Police Department's Able helicopter, responded to the lagoon. The helicopter spotted the suspect hiding in about 4 feet of water, Reno said.

The suspect was given several chances to surrender but refused, Reno said.

Several Carlsbad police officers went into the water, along with the dog, and McKiernan tried to drown the dog three times before he was arrested, a police dispatcher said.

The dog was not injured.

A 44-year-old man whose vehicle was rear-ended during the chase was taken to Scripps Memorial Hospital in La Jolla for treatment of injuries, Reno said.

McKiernan's driver's license listed his hometown as Newport News, Va., a dispatcher said.

[Pudge]

Drunken-driving suspect tries to drown police dog before arrest
By Susan Shroder
Originally published 10:08 a.m. January 25, 2009, updated 11:47 a.m., January 26, 2009

CARLSBAD — A drunken-driving suspect who fled on foot into a lagoon refused to surrender and tried to drown a police dog before he was arrested, police said Sunday.

Lavar Toosweet McKiernan, 24, (not 34 as previously reported) was taken to Tri-City Hospital in Oceanside, where he was being held under guard Sunday morning, police said.

He will be booked into county jail on charges of felony driving under the influence, felony evading causing injuries, and attempting to harm a police dog, said Carlsbad police Lt. Marc Reno.

Shortly before 1 a.m. Sunday, Carlsbad police Officer Samantha Alexander tried to stop McKiernan at Carlsbad Boulevard and State Street, near the Army and Navy Academy, after his vehicle nearly crashed into three parked cars, Reno said. The car's headlights were not on, Reno said.

McKiernan drove off with Alexander in pursuit, Reno said. He rear-ended a vehicle and ran into a telephone pole before fleeing into the Buena Vista Lagoon west of Carlsbad Boulevard, about a half-mile from where the chase began.

Other Carlsbad police officers, along with an Oceanside police dog and the San Diego Police Department's Able helicopter, responded to the lagoon. The helicopter spotted the suspect hiding in about 4 feet of water, Reno said.

The suspect was given several chances to surrender but refused, Reno said.

Several Carlsbad police officers went into the water, along with the dog, and McKiernan tried to drown the dog three times before he was arrested, a police dispatcher said.

The dog was not injured.

A 44-year-old man whose vehicle was rear-ended during the chase was taken to Scripps Memorial Hospital in La Jolla for treatment of injuries, Reno said.

McKiernan's driver's license listed his hometown as Newport News, Va., a dispatcher said.

hope he was able to hold his breath when they dragged him out. The bottom was probably pretty slippery...

[Willowdared]

hope he was able to hold his breath when they dragged him out. The bottom was probably pretty slippery...

They probably had a hard time keeping their balance climbing out too....hope they didn't drop him too many times.

[jking09]

wow.. that's a seeeerious drunk!
i don't see how a drunk person could attempt a drowning of a trained k9.. wow.

[MacLean]

wow.. that's a seeeerious drunk!
i don't see how a drunk person could attempt a drowning of a trained k9.. wow.

Really?

[Buttercup]

I'm glad that none of the officers, including the K9, were injured.

[Rhino]

IMO an attack on a K-9 is no different than an attack on an officer and should punishable as such.

[Retdetsgt]

IMO an attack on a K-9 is no different than an attack on an officer and should punishable as such.

I'm always amazed at the number that make it to jail..... But that's a subject I probably shouldn't get into.....

[Wolven]

IMO an attack on a K-9 is no different than an attack on an officer and should punishable as such.

+1000000000000000

[Buttercup]

IMO an attack on a K-9 is no different than an attack on an officer and should punishable as such.

I agree with you.

[Willowdared]

They do have a specific penal code in California, they used the same charge against the guy who killed a K9 last New Year's.

[Five-0]

wow.. that's a seeeerious drunk!
i don't see how a drunk person could attempt a drowning of a trained k9.. wow.

Yeah, the drunks usually act in such a rational manner. I wonder what got into this one?

[Retdetsgt]

Yeah, the drunks usually act in such a rational manner. I wonder what got into this one?

Nobody does much drunk that they didn't think of sober.

[CTR man]

IMO an attack on a K-9 is no different than an attack on an officer and should punishable as such.

+infinity

They do have a specific penal code in California, they used the same charge against the guy who killed a K9 last New Year's.

Here's what i was able to find.

Statutes

California

Penal Code 600

(a) Any person who willfully and maliciously and with no legal justification strikes beats, kicks, cuts, stabs, shoots with a firearm, administers any poison or other harmful or stupefying substance to, or throws, hurls, or projects at, or places any rock, object, or other substance which is used in a manner as to be capable of producing injury and likely to produce injury, on or in the path of, any horse being used by, or any dog under the supervision of, any peace officer in the discharge or attempted discharge of his or her duties, is guilty of a public offense. If the injury inflicted is a serious injury, as defined in subdivision (c), the person shall be punished by impreisonment in the state prison for 16 months, two or three years, or in a county jail for not exceeding one year, or by a fine not exceeding two thousand dollars ($2000.00), or by both a fine and imprisonment. If the injury inflicted is not a serious injury, the person shall be punished by imprisonment in the county jail for not exceeding one year, or by a fine not exceeding one thousand $(1000.00), or by both a fine and imprisonment.

(b) Any person who wilfully and maliciously and with no legal justification interferes with or obstructs any horse or dog being used by any peace officer in the discharge or attempted discharge of his or her duties by frightening, teasing, agitating, harassing, or hindering the horse or dog shall be punished by imprisonment in a county jail for not exceeding one year, or by a fine not exceeding one thousand ($1000.00), or by both a fine and imprisonment.

(c) Any person who, in violation of this section, and with intent to inflict such injury or death, personally causes the death, destruction, or serious physical injury including bone fracture, loss or impairment of function of any bodily member, wounds requiring extensive suturing, or serious crippling, of any horse or dog, shall, upon conviction of a felony under this section, in addition and consecutive to the punishment prescribed for the felony, be punished by an additional term of imprisonment in the state prison for one year.

(d) Any person who, in violation of this section, and with the intent to inflict such injury, personally causes great bodily injury, as defined in Section 12022.7, to any person not an accomplice, shall upon conviction of a felony under this section, in addition and consecutive to the punishment prescribed for the felony, be punished by an additional term of imprisonment in the state prison for two years unless the conduct described in this subdivision is an element of any other offense of which the person is convicted or receives an enhancement under Section 12002.7.

(e) In any case in which a defendant is convicted of a violation of this section, the defendant shall be ordered to make restitution to the agency owning the animal and employing the peace officer for any veterinary bills, replacement costs of the animal if it is disabled or killed, and the salary of the peace officer for the period of time his or her services are lost to the agency.

Leg.H. 1984 ch. 443. effective July 12, 1984, 1985 chs. 106, 765.

1984 Note: the Legislature inserted a cross-reference to Penal Code Section 12002.7 in subdivision (d) by Stats. 1984 ch. 443. However, the cross-reference is to a section that does not exist.

[TXCharlie]

Wow, that's a very light fine, considering that a police dog can cost $10,000.

Too bad this one didn't get a chance to "take a bite out of crime".