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It Shouldn’t Happen to a Dog

MARION COUNTY SHERIFF

FOR PUBLIC RELEASE

CASE REPORT: 12-0000722 – 0000

 

INCIDENT: 612 ANIMAL INVESTIGATION

LOCATION: 4735 SOUTH COUNTY ROAD 800 WEST

GEO ZONE: AREA: BEAT:

OCCURRED: 06/27/2012 22:53 TO 06/27/2012 23:59

REPORTED: 06/27/2012 AT 22:53

ARRESTS: 0 INJURED: 0 DEAD: 0 VEHICLE TOWED: 0

 

MODUS OPERANDI:

METHOD OF ENTRY:

POINT OF ENTRY: ENTRY LOCATION:

WEAPON USED: CRIME CODE: ALL OTHER OFFENSES EXCEPT TRAFFIC

GANG ACTIVITY: GANG:

ALARM:

 

PERSON: 1

PERSON INVOLVEMENT: ANM ANIMAL OWNED BY

PERSON NAME: SHAMBAUGH,THOMAS

RACE: W WHITE SEX: M MALE

DATE OF BIRTH: AGE:

 

NARRATIVE:

ON, 06/27/2012, AT 2253 HOURS, I, SERGEANT BEN COE, WITH THE

MARION CO. SHERIFF’S OFFICE WAS CONTACTED BY CELL PHONE BY

SERGEANT TOM SHAMBAUGH. SERGEANT SHAMBAUGH STATED TO ME THAT HE

SHOT HIS PERSONAL CANINE USING A DEPARTMENT ISSUED SHOTGUN. THIS

WAS DUE TO THE CANINE BITING HIM, BEING AGGRESSIVE, AND BEING

VERY AGITATED. I HAD SERGEANT SHAMBAUGH CALL 911DUE HIM BEING

INJURED FROM THE DOG BITE. I HAD REQUESTED THE RADIO CONTROL

OPERATOR FOR THE SHERIFF’S OFFICE CREATE A DISPATCH RUN. I MADE

NOTIFICATION TO CAPTAIN BOB SMITH, RESERVE SECTION COMMANDER,

AND I PROCEEDED TO SERGEANT SHAMBAUGH’S RESIDENCE. I ARRIVED ON

THE SCENE AND FOUND SERGEANT SHAMBAUGH BEING TREATED BY SUGAR

CREEK MEDIC 45 EMS# 0253. I TALKED WITH SERGEANT SHAMBAUGH. HE

STATED HIS CANINE HAD BEEN AGGRESSIVE AND AGITATED AND THE DOG

ESCAPED FROM ITS KENNEL THIS MORNING. SERGEANT SHAMBAUGH STATED

HE HAD TO PUT THE CANINE IN HIS SQUAD CAR KENNEL FOR SAFE

KEEPING THIS MORNING AFTER THE CANINE HAD ESCAPED. SERGEANT

SHAMBAUGH STATED HE CALLED SHERIFF’S OFFICE K9 OFFICER STALCUP

EARLIER TODAY SO THEY COULD GO OUT TOGETHER AND HIS CANINE SO IT

COULD RELEASE SOME ENERGY; HOWEVER THAT DID NOT TAKE PLACE.

SERGEANT SHAMBAUGH STATED HE ARRIVED HOME AND WENT TO PLAY WITH

HIS CANINE NAMED PACO. PACO BECAME VERY AGITATED AND AGGRESSIVE

TOWARDS SERGEANT SHAMBAUGH AS HE WAS RETURNING HIM TO THE

KENNEL. WHEN PACO GOT INSIDE THE KENNEL, IT PUSHED AND ATTACKED

SERGEANT SHAMBAUGH, BITING HIM ON HIS RIGHT HAND CAUSING PAIN

AND BREAKING SKIN TO ONE OF HIS FINGERS. SERGEANT SHAMBAUGH HAD

TO FORCEFULLY KICK THE KENNEL FOR PACO TO BACK UP SO HE COULD

LOCK IT. SERGEANT SHAMBAUGH STATED PACO THEN WENT TO THE AREA OF

THE KENNEL WHERE HE ESCAPED FROM THIS MORNING. SERGEANT

SHAMBAUGH FELT THIS WAS A THREAT TO HIS SAFETY AND WENT TO

RETRIEVE HIS DEPARTMENT ISSUED 12 GAUGE SHOTGUN AND SHOT THE DOG

TWICE; ONE SHOT TO STOP THE THREAT AND THE SECOND SHOT TO STOP

THE ACTION. SERGEANT SHAMBAUGH SIGNED AN SOR (SIGNATURE OF

RELEASE) WITH THE SUGAR CREEK FIRE DEPARTMENT. SERGEANT

SHAMBAUGH WAS LATER CHECKED BY IU OCCUPATIONAL HEALTH. ANIMAL

CONTROL TOOK CUSTODY OF THE DECEASED CANINE, PACO.

OFFICER: C7739 COE,BEN K IMPD

OFFICER: S1323 SHAMBAUGH,THOMAS MCSD

OPERATOR: 06/28/2012 15:09 H1663 HUBBS,MICHAEL R MCSD

Posted: 07|2|12 at 6:27 pm by Abdul Hakim-Shabazz
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  • cynical sam

    Sounds like a warrantless search (upheld by the Indiana Sublime Court) gone bad to me.

  • Soylent Green

    With our sheriff so anxious to get back into law enforcement maybe the MCSD should take over Animal Care and Control from the Departmant of Public Safety. What’s all this talk about youth in Asia anyway?

  • Soylent Green

    (Department)

  • Indy4U2C

    This appears prima facie to be a matter of incompetent dog owner!!! Furthermore and more perplexing is the fact this happened OUTSIDE of Marion County and should have been reported to the Police Agency of juridsiction!!!

    Sorry, Sheriff Layton is off the hook with the inept help he is hiring, the stupid things they are doing, and the even more queer things that are happening with his office.

    Isn’t he performing functions that the City has NOT AUTHORIZED him to do?????  Like shoot animals outside of Marion County, perform Law Enforcement (even illegal traffic stops for which he is being sued)????

    Our sheriff is to keep the jail, serve civil process, and warrants and that is about it.  He cannot issue traffic tickets, make traffic stops, etc….per city ordinance

  • Paul Wheeler

    First of all, the officer was negligent in not providing air conditioning for the kennel.  Secondly, the officer kicked the kennel.  A dog’s kennel is his home.  Hey, not the first time someone was shot over irreconcilable differences. (grin)

  • Turk182

     I too noticed, this incident took place in Hancock County, Not Marion County, therefore a Marion County report was not needed.
    Second of all I didn’t know Reserve Deputy’s could live outside the county were they serve.

  • indyernie

    Why does a MCS Deputy own an aggressive dog?
    Why wasn’t the dog put down humanly?
    Why wasn’t the Deputy cited for allowing his dog to escape from the pen and run off leash?
    Did the Deputy discharge is weapon while off duty?
    Doesn’t the police powers of a reserve deputy cease when his isn’t at his assigned place of duty?
    Is Ben Coe IMPD or MCSD? This report is confusing.
    Layton’s department is quickly turning into a three ring circus and he’s the ringmaster.

  • Joebloe947

    In Hancock county you dont have to report shooting your own dog. The only reason he reported it to his department was because he used their shotgun.

  • stymie

    Maybe the dog was sick. A shotgun is humain. Reserves have police powers 24/7 entire state. You may be thinking special deputies. There may not be laws in that county concerning leashed dogs. A lot of rural counties don’t.

  • Indy4U2C

    IC 15-20-1-3Dog bite liability

    Sec. 3. (a) If a dog, without provocation, bites a person: (1) who is
    acting peaceably; 
        (b) The OWNER of a dog described in subsection (a) is liable for
    damages even if: (1) the dog has not previously behaved in a vicious
    manner; or (2) the owner has no knowledge of prior vicious behavior
    by the dog.

    Now, if this is his personally owned dog, then just why did he go to Occupational Health for medical treatment?   He is required by Indiana Law to pay for his own medical treatment.  He must repay the taxPAYERS of Marion County for his own negligence.

    Furthermore, the law enforcement agency of jurisdiction is required to submit:  Official Indiana Animal Bites Report Indiana State Department of Health, State Form 14072 (R3/4-04)

    The MARION COUNTY report states our Animal Control took care of disposal of the carcass. This guy needs to PAY US BACK for traveling outside of our city to pick up the results of his own negligence in another county.

    I think the Sheriff of Marion County has some explaining to the taxPAYERS as to just why we are paying for the medical and carcass pick-up!

  • Indy4U2C

    Quit rationalizing incompetence, Joe!

    1)  The bite was VERY minor, “breaking the skin on one finger.”  Geeeezzzzz!  And just why was an AMBULANCE called for that?  Ambulances are for EMERGENCIES only!  While they delivered a band aid, someone could have been having a heart attack or been in a car accident and dying as the ambulance is performing band-aid delivery for a sissy!!!!!!

    2)  Put a dog down for a single minor bite?  -That shows the incompetence of the owner!  I have been a dog owner for 35 years.  I have been bitten several times.  Once I had a hole put through my finger by the dog….but guess what?  -I didn’t call an ambulance!!!  That would have been STUPID and a waste of EMERGENCY SERVICES!!!!!  I simply went to my own doctor (NOT an emergency room or an Occupational Health to bill my dog’s bite to an employer)!

    3)  What a lame rationalization “maybe the dog was sick”….perhaps if the dog were sick it should be taken for treatment, not killed by an angry and incompetent fool immediately after a minor bite!

    BTW, the law is clear that the RESERVE is required to pay for his own medical treatment. 

    Joe, dog cremation costs about $200 to the rest of us….how come this guy had the City of Indianapolis take care of it for free, when it didn’t even occur in Indianapolis???  Inquiring minds (who pay Indianapolis TAXes) want to know!

  • Aaron315

    Actually, a duly sworn and certified law enforcement officer can enforce the law anywhere within the state of Indiana.  City ordinance does not offset state law in this case.  If the sheriff sets policy that allows his specials or reserves to enforce traffic code, they may do so.  

    You should understand and comprehend the way law enforcement works in Indiana and Indianapolis before you speak about it.  

    Furthermore, the deputy was following department policy in reporting to his supervisor the non-training discharge of a department firearm.  Policy requires a supervisor make a report on the firearm discharge, regardless of location of the incident.  

    The City does not authorize the sheriff.  The State of Indiana does.  

    Like you, Layton is a moron.  Unlike you, Layton means well.  But at least it’s not Forestal.  Frank was kind enough to see he was appointed a US Marshall after the salary cut in the Sheriff’s Office.  

  • Aaron315

    the deputy was following department policy in reporting to his supervisor the non-training discharge of a department firearm.  Policy requires a supervisor make a report on the firearm discharge, regardless of location of the incident.   

  • Aaron315

    Would you like a fresh stone to grind your ax on?  How many tickets did you get?  What were you arrested for?  Inquiring minds want to know….  

  • Aaron315

    Good question
    Better question.  
    Best question. 
    Yes, like the story said. 
    No.  A reserve has the same training and authority as a merit deputy. A Special Deputy can have limited powers, but in practice the specials that work for the county have 24 hour powers.  Business (thsie that work for a private firm) special deputies are limited to their site.  

    Layton’s department was a 3 ring circus ling before he got it.  

  • Aaron315

    Bingo. 

  • Indy4U2C

    …since there are NO merit deputies in Marion County, does that mean they have NO authority? 

    BTW, 250 IAC 2-9-1 sets LOWER standards for reserve police officers and requires them to seek a training waiver from the regular police officer training requirements if they ever become regular police officers. 

    IC 36-8-10-10.6 During the term of his appointment and WHILE HE IS FULFILLING THE SPECIFIC RESPONSIBILITIES FOR WHICH APPOINTMENT IS MADE,  a special deputy has the powers of a law enforcement officer. 

    Aaron315, thanks for challenging me.  You had me look up the law to show your mistakes.  I hope my cites are helpful in your understanding…. 

  • Indy4U2C

    Aaron315, I estimate costs to Marion County taxPAYERS (of which includes myself) to be:

    $200 ambulance
    $500 Occupational Health for non-duty injury caused by incompetence.
    $200 Cremation
    $10 gas to drive to the country to visit the scene of this guy’s blunder.

    We have a right to hold government accountable for waste.  That is NOT an “ax to grind” it is the USA, a government accountable to the people!

  • Indy4U2C

    I checked the law, Aaron315.  It seems when the CITY created the Metropolitan Law Enforcement Agency in accordance with STATE law, it disolved the county police force and transferred those duties to the Metropolitan Law Enforcement Agency.  I guess you misunderstood how state law has authorized cities to perform home rule. 

    There are NO certified merit deputies since the merger.  I hope I clarified the relationship between state law and city ordinance for ya!

  • Guest

    Actually a Reserve is only equal in training to the Town Marshal program as ran by ILEA.   Also, when was there a “Emergency” declared in Marion County.  The way I read chapter 36 is that is the only way a Special has 24 hour powers, especially off duty. 

    Layton is only in this for his own personal “John Bunnel” gain.

  • Guest

    I would like to add that under chapter 5, the deputies of the MCSD are not certified police officers.  Even the ones that did once attend a certified academy have probably expired as their training would not be reported to the ILETB, or at the least the ILETB would not record them because according to State Law, the county police force went to IMPD in the consolidated city.  But That has already been brought up.

  • Aaron315

    Perhaps you still miss the point that a police officer sworn in the state of Indiana and certified by the Indiana Law Enforcement Academy has authority to enforce the law throughout the state of Indiana, perdiod.  Indiana is their jurisdiction.  

    I hope this clarifies reality for you Indy4U2C.  Perhaps if your ears weren’t holding up your butt you could see better?  

  • Indy4U2C

    Aaron315, perhaps you still try to divert the point:  **There are NO “certified” police at the Sheriff’s department.**  As stated after numerous legal cites in this thread, the Sheriff no longer has police officers, only special deputies. 

    As you keep trying to infer otherwise, I hope this is crystal clear for you, Aaron!

  • Indy4U2C

    Aaron:

    To make a report, why does he have to drive out of county to “the sticks”???  Can’t he just report it based on the inept ‘deputy’s’ report to him?  What is there to see out there to enhance the report?  -Nothing?  No reason to go out there, except to cause the taxPAYERS unnecessary expense?

    -and what policy requires the supervisor to put wear & tear on a county car to drive to “the sticks” for no good reason?  We should be reimbursed for that expense.

    -and why should OUR Animal Control drive out there and provide courtesy cremation services valued about $200?

    -and why did the guy go to an Occupational Health clinic for an injury that STATE LAW requires he pay for himself??? 

    Inquiring taxPAYERS want to know!

  • Aaron315

    Thank You for your insightful and informed clarification on what my training levels, certification and status are.  It is a breath of fresh air having someone so well informed on my 20 year career years set me straight. 

  • Indy4U2C

    Glad to educate you on your ignorance. 

    Hopefully you now have a better understanding of Indiana Law & realize that the Marion County Sheriff has NO “police officers that are sworn in the state of Indiana and CERTIFIED by the Indiana Law Enforcement Academy” with authority to enforce the law throughout the state of Indiana, perdiod!

  • censtone

    It’s heartbreaking how this creature met his end, but thank god he is no longer suffering under the ownership of such a worthless man.  Hey Tom, you might want to see a therapist and talk out all those years you were bullied in middleschool…or just man the F up.  There’s only one type of person that bullies animals, let alone MURDERS THEIR OWN!!

  • rcon

    This man pulled me over last week. For speeding. You would have thought I had ran over somebody. He waved his arms, pointed his finger at me and said “if you are going one mile over the speed limit, you broke the law.” He is too scary to be allowed to remain a police officer. He is unhinged.