(Photo courtesy of WCAX - Officer Wootton is on the right)  An Essex police officer is facing a criminal investigation. Troopers say Mike Wootton was off duty in his hometown of Waterville, when he broke up a fight between his dog and a neighbor's dog. Troopers say Wootton then went back to his house, got a gun, and returned to the neighbor's yard. According to eyewitnesses he then fired one shot at the dog, killing it. The owner's two year old daughter was playing just feet away.

"They're supposed to serve and protect. How can they shoot a gun and kill my daughter's dog right in front of her," said Mindy Maskell, the owner of the dog.

Troopers say Wootton admits he did not see the child before he fired.

The case is being reviewed by the Lamoille County State's Attorney Office.

Essex police say Wootton will remain on the job as the investigation continues.

Update 5/5/09:  Vermont State Police are expected to complete their investigation early next week of an off-duty officer who shot and killed a dog.

State police were called after off-duty Essex Police Officer Michael Wootton fatally shot his neighbors' dog on its own property. Police say Wootton admitted he shot the dog named Hooch after it fought with his small dog. Witnesses claim Wootton fired while a two-year-old child played less than 10 feet away.

Update 5/12/09:  "My family and I were very happy about him being charged with animal cruelty," Mindy Maskell said.

  (Photo courtesy of WCAX)  Maskell and her family say justice demands that their neighbor Michael Wootton is charged with animal cruelty for shooting their family pet, Hooch.

It happened two weeks ago when Wootton's small dog reportedly went onto the Maskells' property and Hooch went after him. Wootton has reportedly admitted he feared his dog was going to be killed, so he went back to his house, got a .40 caliber pistol, returned to the Maskells' property and shot Hooch once in the stomach.

  (Photo courtesy of WCAX)  "The dogfight wasn't even going on any more when he fired and shot at my dog. Our dog was laying down right in the driveway when he shot and killed our dog," Maskell said. "It's disturbing to me that's the only charge."

  (Photo courtesy of WCAX)  Maskell wonders why Wootton was not charged with reckless endangerment. She says her 2-year-old daughter Madison and friend Sean Hickok were less than ten feet from Wootton when he fired.

Hickok says he witnessed the shooting and the child was in extreme danger.

"If she would have fell off that slide like she doesn't land on her feet every time, she's a little kid, she would have fell, tipped over and if that bullet missed Hooch it was in the line of fire to hit her," Hickok said.

Hickok says he gave his account to state police investigators so he also wonders why Wootton was not charged with reckless endangerment.

The answer could be found in the state police affidavits that remain confidential for now. We asked County Prosecutor Joel Page but he declined comment.

As for Wootton, Essex Police released a statement saying "The department continues to review the incident administratively. At this time, Corporal Wootton has not been placed on administrative leave and we cannot comment further due to the ongoing administrative investigation."

According to the Essex Police Department's Code of Conduct, an officer who commits a misdemeanor or a firearms violation can receive punishment ranging from four days suspension to dismissal from the force. Cpl. Wootton would be entitled to a disciplinary hearing.

Read the State Police Affidavit

Update 5/26/09:  Wootton arrived at court with his wife and several fellow Essex Police Officers. He was there to be charged with animal cruelty.

Wootton admits he shot his neighbor's dog, Hooch, but he says he had to because the 80-pound dog attacked Wootton's 10-pound pet dog when it wandered into Hooch's yard. Wootton says he and the neighbors were unable to break up the fight. He feared his dog would be killed so he went to his house, got a .45 pistol, returned and shot Hooch. His lawyer says Wootton's actions were legal under a state law that permits killing vicious dogs.

"Two unrelated witnesses in their affidavits indicate previous occasions where this particular dog is attacking them or their animals," said Frank Twarog, Wootton's lawyer.

But the judge ruled there is enough evidence to support the animal cruelty charge. Wootton denied the charge. He left the courthouse without comment under orders to stay away from his neighbors.

"As far as I'm concerned, if he gets away with this then anybody can go into anybody else's property and shoot and kill anybody else's dog," said Mindy Maskell, the owner of Hooch.

Maskell says her 2-year-old daughter Madison was playing less than ten feet away from the dog when Wootton shot. She wonders why Wootton has not yet been charged with reckless endangerment for putting her daughter's life at risk.

"He knew my daughter was outside," Maskell said. "He obviously didn't stop and take enough time to look because my daughter was clearly next to Hooch when he shot."

Wootton claims he looked around and saw no one. The prosecutor says it would be hard to prove otherwise.

"Well I based my decision on what was in the affidavit of probable cause and there did not seem to be grounds in the affidavit for a charge of reckless endangerment," Lamoille County Prosecutor Joel Page said.

Conviction on the animal cruelty charge could bring up to one year in jail. But it is far more likely Wootton would pay a fine or receive community service. It could also cost him his job. Last week Essex Police began the internal investigation that could lead to suspension or dismissal. But for now Wootton remains on active duty at full pay.

The jury is made up of six men and eight women. The trial is scheduled to begin November 16th.

If convicted, the maximum penalty is a year in jail and a two thousand dollar fine.

Update 11/13/09:  Was it animal cruelty or protecting a pet? That's what a Lamoille County jury will have to decide in the case of an Essex Police officer who is accused of shooting and killing his neighbor's dog.

Update 11/16/09:  The trial of an Essex police officer accused of shooting his neighbor’s dog got off to a rocky start, with a juror crashing his car during the lunch break and the defendant’s wife fainting on the stand.

Although Vermont law prohibits the intentional killing of someone’s pet without the owner’s consent, another law permits the killing of a pet if the animal attacks and poses a reasonable threat of injuring another pet.

When the trial resumed after lunch in Vermont District Court, Judge Dennis Pearson announced that one of the jurors had been involved in a car accident. The juror, Ronald Barre, was replaced by an alternate. The Lamoille County Sheriff’s Department did not return a call seeking information about the crash.

Wootton’s wife, Jackie Wootton, 31, fainted during cross examination later in the afternoon. Emergency medical technicians responded to the courtroom, but Jackie Wootton recovered and left under her own power. She has suffered from similar spells since childhood, her mother said.

The court adjourned for the day when the EMTs left, partway through debate over Hooch’s demeanor.

Wootton’s attorney, Frank Twarog, said a few of his client’s neighbors encountered Hooch loose in the neighborhood and felt the need to brandish a knife, a shovel and a large rock to scare off the growling dog.

Jackie Wootton described Hooch as a menace. She said that in August 2005, Hooch walked into her backyard, growled and showed his teeth at her and her children. The Woottons, who have three young children, are one of five households in the secluded Phyllis Lane development in Waterville. Ten children live in the neighborhood, Jackie Wootton said.

Hooch’s owners, Richard and Rosemary Rogers, built a fenced-in enclosure for Hooch and their two smaller dogs shortly after the August 2005 encounter, Jackie Wootton said. However, Hooch escaped a few times each month. When he did, the neighborhood kids would yell, “Hooch is loose!” and hide in their homes, she said.

Hooch escaped the pen when he attacked Yoda, according to court papers.

When questioned by prosecutor Joel Page, however, Jackie Wootton said she never reported Hooch’s behavior to authorities.

At the trial, the Rogers’ daughter, Mindy Maskell, 29, and her friend Shawn Hickok, 22, insisted that Hooch was a friendly dog. Maskell and Hickok witnessed Hooch attack Yoda. The Rogers were not home at the time.

When the confrontation between Hooch and Yoda began, the behavior “seemed more playful than hurtful,” Hickok said.

“He was a loving, caring dog,” Hickok said. “Great with kids.”

Maskell, whom Page told jurors was convicted of a false pretense charge in 2002, testified that Hooch got along with other dogs, as well as family members and strangers who came to visit. She wiped away tears during part of her testimony.  “He wanted all the attention,” Maskell said. “He was always at your feet, wanting attention.”

Hooch never attacked a person, and did not attack another dog before Yoda, she said. Michael Wootton never made an effort, beyond yelling at Yoda, to break-up the fight, Maskell and Hickok testified. Instead, he got his pistol and shot once, killing Hooch.

Hickok said he temporarily broke up the fight by throwing a toy at the dogs.

The maximum penalty for committing cruelty to animals is a fine of $2,000, up to one year in prison or both.

Update 11/17/09:  The Essex police officer accused of shooting his neighbor’s dog took the stand and said he shot the animal to save the life of his own dog.

  (Photo courtesy of WCAX)  Wootton described the encounter as “a mauling,” not a dog fight. Hooch bit Yoda by the neck, lifted him off the ground and shook him, Wootton said.  “I felt I was watching the death of my dog,” Wootton said.

Wootton used a revolver, loaded with both .45 caliber bullets and birdshot ammunition, to shoot Hooch while Yoda was in the larger dog’s mouth. Wootton said he opted to use the .45 caliber ammunition, to ensure he killed Hooch, and to avoid hitting Yoda. He fired one shot.

Woottons family and supporters cheered when the verdict was announced in Vermont District Court in Hyde Park. Wootton smiled and hugged his relatives.

The owners of the slain dog groaned in disappointment.  "I didnt see it coming", said Mindy Maskell, the daughter of Hoochs owners.

Prosecutor Joel Page, the Lamoille County state’s attorney, said he was “satisfied with the outcome” of the case. Half the jurors “seemed to be very disturbed” by the shooting, Page said, while the others seemed less so. At one point during deliberations, raised voices and loud yelling could be heard coming from the jury room.

Jurors asked Judge Dennis Pearson to declare the panel a hung jury about 90 minutes before they reached a verdict, but he declined and sent the jury back to deliberate further.

Wootton and his supporters left the courthouse swiftly after the verdict.

Officer Michael Wootton was off duty last Spring, when he shot and killed his neighbors dog who was fighting with his.

Until his trial the officer was on full-paid administrative duties. After Wootton was acquitted, Essex police said they would review the evidence and testimony from the trial before determining his future with the department.

Chief Leo Nadeau says officer Wootton will stay with the department and has been returned to full-time duty.

Reference:

WCAX

Burlington Free Press