Jury rules in partial favor of dog owner
This dog, Slyder, was shot three times and killed by a Grant County deputy at Neppel Park in 2010. A federal jury recently awarded Slyder's owner, Nicholas Criscuolo $3,842, and ruled that Lamens did not assault or violate Criscuolo's Fourth Amendment rights.
SPOKANE - A federal jury ruled in partial favor of a Moses Lake man whose pet was killed by a sheriff's deputy in 2010.
The jury awarded Nicholas Criscuolo $3,842 for the value of his dog Slyder and burial fees. Slyder was killed at Neppel Park after a confrontation with a K-9 and his handler, Grant County Deputy Beau Lamens.
The jury denied that Lamens infringed on Criscuolo's Fourth Amendment rights, assaulted Criscuolo and acted with malice.
"I view this as a vindication of Deputy Lamens' actions," Grant County Attorney Patrick Moberg said, who with his father, Jerry Moberg, defended Lamens during the trial. Lamens was promoted to corporal two months after the incident.
Criscuolo's attorney also viewed the jury's decision as a victory.
"Clearly this jury found that Deputy Lamens wrongfully and unjustifiably killed Mr. Criscuolo's pet," Adam Karp said.
Criscuolo said Slyder was his best friend, and he went to work with him everyday. Criscuolo owns Frederick's Jewelry on Third Avenue in Moses Lake.
He took Slyder to work with him on Jan. 24, 2010 and was about to let him and his other dog Dymond run loose in Neppel Park behind his business when he saw a sheriff's deputy nearby.
"I asked the deputy if it was all right if I took my dogs off the leash and let them run and his exact response was 'Why should I care?'" Criscuolo said.
Shortly after letting the dogs off the leash, Criscuolo said he saw a K-9 deputy and tried to tell the deputy that his dog was going to come over and say hello.
Deputy Lamens was assisting in a drug-related arrest at the park.
According to Criscuolo, Slyder went to sniff the police dog's rear end and the dog attacked him.
According to Lamens, Slyder jumped on the police dog, Maddox, and started the fight.
"Slyder made contact with Maddox and Deputy Lamens kicked Slyder to separate him from Maddox. During the interaction, Maddox slipped out of his collar. After kicking Slyder Deputy Lamens shot and killed Slyder. Plaintiff (Criscuolo) and witnesses testified that Slyder was running toward Plaintiff- and away from Deputy Lamens- when Deputy Lamens shot the dog," according to court documents. Criscuolo testified that the dog was close to him, 1 or 2 feet away, and he was reaching for his dog's collar when Deputy Lamens fired three shots at Slyder.
"I lost my best friend that day. Slyder slept on the bed with me, ate inside with me. He was a very smart animal and I miss him everyday," Criscuolo said. He said he has Post Traumatic Stress Disorder and was able to completely get off his medication and live a normal life when he got Slyder.
In a settlement reached in 2011, the City of Moses Lake repealed its hazardous dog ordinance, after a complaint filed by Criscuolo said it unfairly discriminated against his mix-breed dogs. The city also agreed to pay $14,000 in attorney's fees.