Thursday, February 03, 2000
Family sues in home invasion, dog shooting
BY STEVE KEMME
The Cincinnati Enquirer
HAMILTON — A New Miami couple have filed a federal lawsuit against a Butler County sheriff's deputy who shot their dog after entering their house without permission.
In the lawsuit, Mike and Angie Diefenbacher accuse Deputy Kevin Mofield, who shot the dog, and unidentified deputies and New Miami police officers who tackled Mr. Diefenbacher and pinned him to the ground, of violating their civil rights.
Responding to a domestic violence call, Deputy Mofield entered the Diefenbachers' house on North Wichita Drive at 2:20 a.m. Jan. 16. But it was the wrong house. Other deputies and New Miami officers already were at a neighbor's house, where the domestic dispute was reported.
The Diefenbachers' American pit bull terrier, Bruto, lunged at Deputy Mofield three times and bit him on the hand. The deputy drew his gun and shot the dog once in the back.
Because the wound paralyzed the dogs' back legs, the Diefenbachers had him euthanized.
Several law enforcement officers tackled Mr. Diefenbacher as he approached a deputy after the shooting. Police said Mr. Diefenbacher was threatening the deputy. But Mr. Diefenbacher said he merely wanted to make sure his two children and other family members were safe.
Others in home
His children, two other adults and three other children were in the house when the dog was shot.
The lawsuit, filed Tuesday in U.S. District Court in Cincinnati, says the deputies and New Miami officers violated the Diefenbachers' constitutional rights. The suit says they executed an improper search and seizure and used excessive force.
“Police have to respect the integrity of somebody's house,” said Mr. Diefenbacher's attorney, Robert Newman. “They can't just go roaming around a neighborhood and go into people's houses.”
Mr. Newman said Deputy Mofield endangered the lives of everyone in the Diefenbacher house. “This was almost catastrophic,” he said.
The lawsuit asks for an unspecified amount of money for punitive and compensatory damages.
“They treated me like I was a criminal,” Mr. Diefenbacher said.
Brad Kraemer, spokesman for the sheriff's department, said he could not comment on the lawsuit because he had not yet seen it.
Deputy disciplined
Deputy Mofield was suspended for a month without pay, reassigned and ordered to undergo training in search and seizure procedures, the use of firearms and communication skills.
A Price Hill man who was angered by the shooting recently gave the Diefenbachers an American pit bull terrier puppy.
Mr. Diefenbacher said his family is slowly recovering emotionally from the trauma of the incident and the loss of Bruto.
“It still bothers us,” he said. “We have to look at a blood-stained carpet. The kids are still asking about Bruto.”
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