Pup killer

A San Marcos family whose pit bull puppy was shot and killed by a sheriff's deputy during an unannounced and non-warranted visit to the home is suing the county and the deputies for unlawful search and seizure, trespass, as well as emotional damages due to the death of the pup.

The lawsuit was filed by brothers Roger and Jason Bush as well as a girlfriend of one of the men on March 27 in federal court. In the complaint, the men allege that on May 26, 2014, deputies Gerardo Perez and Kevin Price entered a tall chain-link fence surrounding their property without a warrant or any reason and began to walk toward the front door.

Roger Bush was inside with three puppies. One of the dogs, a seven-month-old pit bull named Odin, heard the officers approaching and ran through an open door in the house. Without provocation, reads the lawsuit, Deputy Perez fired at the dog, killing him.

"Roger [Bush] followed immediately after [Odin]. He walked outside and was shocked to see the deputies standing there, just feet from his home, with their guns drawn. Before [Bush] could say anything, Perez pointed his gun at one of the puppies, Odin, and pulled the trigger. Then, he pulled the trigger again. The bullets tore into Odin’s side. Odin had not approached either Perez or Price in a threatening manner.

“Within seconds of the gunshots, Jason rushed out of the house. He took the other puppies to safety inside the house. Jason then returned outside to look for Odin. Jason found Odin behind the house, bleeding in the dirt. He held Odin’s head in his hands."

According to the complaint, there was never an explanation as to why the deputies entered the property; however, according to a San Diego Channel 6 news report, deputies were responding to a complaint that the three dogs were running wild in an abandoned lot.

"They could have prevented all of this had they stopped at the gate, honked their horn, or put the siren on or driven their car up the driveway," Bush told 6 News after the shooting.

The family is asking that a judge grant special and compensatory damages for the incident as well as punitive damages against Deputy Perez.