Posted at: 10/12/2012 4:03 PM
Updated at: 10/12/2012 5:45 PM
By: Berkeley Brean
A Perinton man whose pit bull was shot and killed by two sheriff deputies in june is now suing those deputies. The lawsuit says the sheriff's deputies trespassed and claims that the deputies intentionally shot the dog because they didn't like the owner.
Click here to read the lawsuit
In June, two sheriff's deputies were called to go to Gary Brockler's house in Perinton because of a car that was illegally parked -- blocking the sidewalk. When they got there, the deputies say a pit bull named Diablo charged at them from the garage. They backed up and then fired their guns killing the dog.
After the shooting the sheriff said it was justified.
But now the dog's owner, Brockler, is suing the two deputies. The lawsuit says the deputies went to the house and "intentionally, knowingly, willfully and maliciously... shot Diablo 5 times." Brockler and lawyer says they base it on the facts of where the dog was shot, Brockler's history of run-ins with police and the reason the sheriff's office gave for going to his house late at night in the first place.
"Common sense just tells you that if there's an illegally parked car at 11:30 at night then you just go up and put a ticket on it or have it towed. It defies logic," John Parrinello said.
"Diablo was docile. He was one of the best dogs I've ever been around. He was like my family. I can't have kids. He's been in my life for seven years, never caused problems with anyone and I just wanted to come to the best lawyer and do what I had to do to get justice for Diablo," Brockler said.
The sheriff's office does not comment on pending litigation involving the office or it's deputies. The lawsuit is not against the county or of the sheriff's office. Only the two deputies -- Shaun LeClair and Matthew Clancy. John Parrinello says the law allows them to single out individual deputies like that.
The suit says he's asking for $10,000 but that's just for the training and caring of his dog. The lawsuit talks about emotional damage but doesn't put a price on that.