Story Created:
Nov 9, 2009 at 8:38 PM PDT
Story Updated:
Nov 10, 2009 at 4:39 PM PDT
Maricopa Police Chief Gene Fretheim speaks in this October file photo about a dog shooting that led a resident to request a restraining order against him.
TAFT, Calif. -- Maricopa's police chief will not be slapped with a restraining order.
Resident Lisa Chavez wanted the court order against the chief, saying he had harassed and intimidated her family after shooting their pit bull in September. On Monday, Kern County Superior Court Judge Craig Phillips said there were no grounds for the order.
Chief Gene Fretheim said the idea of a restraining order against him was "ridiculous" as he left the court in Taft. Chavez and her family said they were disappointed by the ruling.
The hearing on the restraining order took all afternoon. Fretheim and several Maricopa employees testified, as did Chavez and a couple family members.
Fretheim said he had been called to the area near Hill and Mary streets the morning of Sept. 8 when the volunteer dog catcher reported a pit bull "snarling and charging." Fretheim said the volunteer believed it was the dog that had bitten another city worker about a year-and-a-half earlier.
Fretheim told the court he called the Maricopa city manager to let him know about this "imminent danger," and then he had to shoot the dog because they could not catch it.
Chavez told the court she was with the dog in the home's laundry room, and the dog went out just briefly. She heard a "kissing" noise, which she believes was the chief calling the dog over the fence. Chavez said she heard a gun shot, and when she looked out she saw the chief putting his gun back in his holster.
Chavez said the dog was not vicious and never aggressive. She also told the court the dog had no front teeth.
Chavez also said after the dog was shot and killed, she saw Fretheim near or on her property at least four times. She spotted him twice on the hill above her property, and twice parked next to the house. Chavez and her attorney said that was harassment and intimidation.
Fretheim denied he was ever parked near the home and said he was on the hill above the house only once -- that was to get measurements and photos to prepare for the hearing on the restraining order.
The chief said it was only later that he discovered the dog he shot and killed was not the same one that had bitten the city worker previously.
Fretheim said the dog was outside the fenced part of the Chavez property, and that there was a 6-foot section of the fence missing.
The judge said it was clear the chief had shot the dog, but the animal was outside the fenced yard, was not wearing a collar and the yard was not fully fenced.
Phillips said he found no grounds to issue the restraining order.
"I understand why this dog got shot," Phillips said. "This occasionally will happen when dogs are out loose."
The judge said he found no evidence Chavez was the target of this incident, and no indication of intimidation by Fretheim against Chavez.
Chavez' boyfriend, Steve Milne, said they may take more action, but he wouldn't elaborate. He also said other Maricopa residents feel intimated by Fretheim.
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