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K-9 officials: Officer should transfer
Three say he shouldn't handle dogs again after partner's death in car
Sep 23, 2004, DALLAS, Texas --
Three supervisors of a Dallas K-9 officer whose German shepherd died after he forgot him in his sweltering police car this summer have recommended to Police Chief David Kunkle that the officer be barred from handling any more dogs.
The police chief will make no final decisions on what should happen to Senior Cpl. Alex Garcia, 51, until pending internal and criminal investigations into the July 30 death of Queno are finished.
But memos obtained from the Police Department through the Public Information Act this week show that his deputy chief, his former lieutenant and current sergeant all think he should be transferred permanently out of the unit.
"The department has received numerous telephone calls of outrage from citizens because of the events that have occurred," Deputy Chief John Martinez said in an Aug. 13 memo to Assistant Chief Dora Saucedo-Falls and Chief Kunkle. "The officers within the Canine Squad are a tightly knit group. ... These officers do not have confidence in Sr. Cpl. Garcia's abilities and feel that he should no longer be in the squad."
Sgt. Tony Takats, who supervises the K-9 squad, said this week that the recommendation should not be viewed as punishment.
"I like Alex Garcia. He's a good guy. This is not about him," Sgt. Takats said. "It's about the circumstances with the dog and what has occurred. I get paid to supervise this squad, and I have to do my job to make sure I'm doing the right thing for everyone involved."
An attorney for Cpl. Garcia said recommending that the 21-year department veteran leave the unit before the investigation is complete amounts to punishment.
"The K-9 squad is considered a prestigious position in the Police Department," Jane Bishkin said. "I am surprised that his chain of command is making recommendations for discipline with an investigation still pending. If the impetus of this recommended transfer was this unfortunate, horrifying accident, then for them to say it's not disciplinary is disingenuous."
Cpl. Garcia, who is on medical leave for a previous finger injury but was temporarily assigned to desk duty after Queno's death, said this week that he did not want to comment on the recommendations. In early August, he said that the dog's death was an accident and that he wanted to remain in the squad.
The Dallas County district attorney's office is reviewing the criminal case but has yet to schedule it for presentation to a grand jury.
Cpl. Garcia could face a Class A misdemeanor animal-cruelty charge, which requires proof of intent, or a charge of interference with a police service animal, which is a third-degree felony if the animal dies. The latter statute primarily was designed to punish criminals who kill police horses or dogs while on duty.
"We haven't made a conclusion yet whether it was accidental, intentional or reckless," Assistant District Attorney Pat Batchelor said. "We did ask the public integrity unit to do some additional investigating. We haven't ruled out any possible charge."
About 1:30 p.m. July 30, Senior Cpl. Garcia and Queno finished their shift at Love Field, where the pair – who had been working together since the dog joined the department in 1997 – had practiced explosives detection.
According to a memo released this week summarizing the criminal investigation findings, Cpl. Garcia told detectives he then "drove around for a while" before stopping at a bank just east of downtown to visit another K-9 officer working off-duty. He then left the bank but "does not remember exactly where he went but may have gone straight home," the summary states.
Rushed home
At 2:52 p.m., he made a cellphone call about a block from his home on San Patricio Drive just east of White Rock Lake. He normally arrives home about 2 p.m.
The officer was rushed because he told investigators he "urgently needed to use the restroom, so he parked his police car in front of his house and ran inside."
His normal routine was to put the rear windows down, turn the vehicle off and get Queno out. On that day, the officer "went inside to use the restroom, watched television, ate something and 'maybe went to sleep,' " according to the summary.
About four hours later, someone knocked on his door and told one of his family members that some lights on his police car were activated. He went outside and found the dog dead. The windows were up, but the car's keys were in the ignition, which was turned to the "on" position. The car's engine was not running.
In previous interviews with The Dallas Morning News, Senior Cpl. Garcia said he was in "home mode" and intended to come back out to get the dog but forgot. The high temperature that day was 90 degrees.
The department next week plans to upgrade its remaining nine K-9 vehicles with security features designed to prevent heat deaths. Six department vehicles have the technology, which automatically lowers the windows and sounds an alarm when the temperature inside gets too hot. The systems cost about $1,000 including installation.
Systems would protect
K-9 officers routinely have to leave their dogs inside their running patrol cars or sport utility vehicles for short periods, for instance, while having lunch or doing paperwork. These systems would protect the dogs from the heat if the vehicles' air conditioners quit, either because the vehicle ran out of gas or otherwise quit functioning properly.
Cpl. Garcia's car was not equipped with the device. He has said that he thinks such technology would have saved Queno's life.
Also next week, the K-9 unit will receive a gift to help it recover from the loss of Queno.
At 10 a.m. Tuesday, the same snack food company and food store that donated Queno in 1997 will give the Dallas Police Department a $6,000 gift to buy a new dog and help pay for the vehicle anti-heat system.
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