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E N Q U I R E R   L O C A L   N E W S   C O V E R A G E
Tuesday, January 18, 2000

Deputy benched for shooting dog


Sheriff's unit promises full investigation

BY STEVE KEMME
The Cincinnati Enquirer

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Family photo shows Bruto with Angie Diefenbacher and daughter Tailor (6).
| ZOOM |
        NEW MIAMI — A Butler County sheriff's deputy has been placed on paid administrative leave after mistakenly entering a family's home and shooting its dog.

        Maj. Anthony Dwyer of the sheriff's department said Depu ty Kevin Mofield is on leave pending an investigation into the shooting, which occurred early Sunday at the home of Mike and Angie Diefenbacher. Family members, including five children, were asleep in the home at the time.

        “The deputy needs to be punished,” Mr. Diefenbacher said Monday. “I don't want to see him lose his job, but he needs to be reprimanded or something. He had no right to come in my house and discharge his gun.”

        The bullet paralyzed the back legs of Bruto, an American pit bull terrier, and a veterinarian euthanized him.

        Mr. Diefenbacher has contacted an attorney and is considering legal action.

        “It's a tragic event all the way around,” Maj. Dwyer said. “I hate for this to happen.”

        Maj. Dwyer said he had not interviewed Deputy Mofield, but had read the police reports.

        “If the officer did something wrong, we're going to deal with it,” he said. “We're not going to try to sweep anything under the rug.”

        About 2:30 a.m. Sunday, the sheriff's department received two 911 calls from the Diefenbachers' neighbors on North Wichita Drive about two people arguing in the street.

        A New Miami police officer arrived at the house where the domestic dispute occurred, and a cruiser with two deputies followed, Maj. Dwyer said. Deputy Mofield arrived as the second backup.

        Deputy Mofield thought the Diefenbacher house was the one at which the trouble occurred because lights were on inside and the front door was open, Maj. Dwyer said. The neighbor's house where the dis pute had occurred was dark, he said.

        Maj. Dwyer said it's understandable that Deputy Mofield approached the wrong house.

        “This wasn't an officer making an arbitrary decision to walk up to someone's house,” he said.

        The investigation will center on whether he should have radioed other officers to confirm the house's address before entering, and whether he was justified in drawing his gun and firing it.

        Bruto lunged at Deputy Mofield when he walked into the house, Maj. Dwyer said. The deputy tried to fend off the dog with his left hand while he attempted to back out of the house, he said.

        The dog bit Deputy Mofield in the hand before the deputy pulled out his gun and fired one shot, he said. The bite did not require stitches, he said.

        “I don't fault the dog,” Maj. Dwyer said. “He was just trying to protect the family.”

        Maj. Dwyer said he doesn't know yet if Deputy Mofield could have used a less lethal

        weapon, such as pepper spray, to repel the dog.

        When the shooting occurred, the Diefenbachers were at their neighbors' house talking to police about their neighbors' dispute.

        In the house were their two daughters, Tailor, 6, and Breanna, 4, and Mrs. Diefenbacher's brother, Tim Mikesell, his wife and their three children.

        Mr. Diefenbacher became so upset when he realized Bruto had been shot that he became enraged and threatened an officer he mistakenly thought had shot his dog, Maj. Dwyer said.

        The officers had to wrestle Mr. Diefenbacher to the ground and handcuff him in order to prevent him from assaulting the officer, he said. No charges were filed against Mr. Diefenbacher.

        The Mikesell family was sleeping in the basement, and Tailor and Breanna were sleeping in a bedroom next to the living room, where the dog was shot.

        “He could have shot one of my kids,” said Mr. Diefenbacher, a Rumpke truck driver.

       

        The shooting also shook up the Diefenbachers' neighbors on the normally quiet, tree-lined street.

        Earl Lynch said he heard a gunshot as he was getting dressed to go outside and see why the police cruiser lights were flashing near his house.

        “It's a shame a man can't be in his own house without somebody coming in and shooting,” he said. “It ain't right.”

       



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