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For Bob and Lori Vieira, 1998 began with a bang—literally. Twenty-one days into the year, at a cold 7am, they awoke to gunshots outdoor of their home on Monterey toll road in San Jose. Lori hopped off the bed, threw on some clothes and ran out the front door yelling, “don’t kill my dogs!”

She yelled it again and again, but it was too late. A squad of San Jose law enforcement officials lined up, guns poised, backyard of the chain-hyperlink fence that enclosed the Vieira property.

Minutes prior, one in every of their three watchdogs, a German shepherd/bull mastiff they referred to as Sam, had been dozing soundly next to the gate. According to court docket documents, officer Nieves had devised a plan to cope with the dogs as his team prepared their shock entry. First, he would poke the animal with the barrel of his shotgun, hoping to scare it off.

Sam, besides the fact that children, wasn’t knowledgeable to respect a gun barrel and run far from an interloper. He snapped and barked at the offending poker with a view to protect his home. Officer Nieves’ backup plan become to then “have interaction” the shotgun in order now not to compromise the mission.

He pulled the trigger 4 instances. First, Sam went down. At the sound of the bullet cracking in the course of the air, two other watchdogs all started to run away. A 12-year-old German shepherd/bull mastiff named Dog turned into too sluggish, and the officer shot him twice from behind, blowing off his hind legs.

The bleeding animal dragged himself under a trailer together with the apartment. The third dog, Derby, found an outstanding hiding spot in the backyard. Sam, who was lying on the pavement, flinched in his injured state. This brought about officer Nieves to hearth for the last time, on the dog’s head, killing him.

At this point, Lori Vieira entered the entrance yard and iced over. Her husband, Bob, stood on the second-flooring balcony in his underclothes and T-shirt. Each had at least a dozen guns proficient on them, though neither changed into suspected of a crime.

The police officers got here through the hole that they had reduce within the chain-link fence, handcuffed Lori most effective yards away from her useless pet and rushed into the residence for Bob. Just a few officers stayed to retrieve Dog. Lori did not recognize he had been shot and tried to coax him out from under the trailer with a bit of salami. This nearly always labored in the past, nonetheless it didn’t today.

eventually a person from the pound got here. Lori says she watched as they compelled him out with sticks and burst into tears when she noticed that he had no hind legs.

“They were mean to him,” she sobs, struggling to recount the story well-nigh eight years later.

lifeless dogs and pink Poodles

This whole sorry story became part of the notorious Hell’s Angels raid, through which local legislation enforcement officers searched nine homes and the biker neighborhood’s clubhouse attempting to find documents and videotape they believed to be related with a homicide on the purple Poodle strip membership.

They never found a tape. The assembly minutes they eventually dug up talked about nothing a couple of homicide. However the destruction they left of their wake after seizing truckloads of “facts” to show Hell’s Angels changed into a criminal gang is now coming returned to haunt them.

earlier this month, the Supreme court refused to hear an appeal by way of San Jose and Santa Clara County, each defendants in a lawsuit waged by the San Jose chapter of the Hell’s Angels. In April, the Ninth Circuit court docket of Appeals sided with the federal District court docket in denying the executive qualified immunity—very nearly clearing the manner for the civil suit.

“The officers violated the plaintiff’s Fourth modification rights with the aid of unnecessarily shooting the canine,” the Ninth Circuit judges wrote, additionally calling the defendant’s execution of the search warrant “unreasonable” and “in violation of the Fourth modification.”

With those phrases, this case was abruptly about greater than just one neighborhood of bikers and their canine. Or not it’s one of the crucial essential search-and-seizure choices considering Sept. Eleven.

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