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SDPD Officer Charged In Canine's Death

POSTED: 12:09 pm PDT August 15, 2008
UPDATED: 3:49 pm PDT August 15, 2008

A veteran police officer whose canine partner died of heat stroke at the lawman's Alpine home was charged Friday with a single misdemeanor count of leaving a dog in a confined vehicle causing death.

Paul Hubka, a 22-year member of the San Diego Police Department, is accused of leaving Forrest, a 5-year-old Belgian Malinois, in his car the morning of June 20 after parking in his driveway following a graveyard shift.

An investigation determined that Forrest may have been in the department vehicle with the windows rolled up for as long as seven hours. The high temperature in the East County that day was well over 100 degrees.

If convicted, Hubka faces up to six months in jail, a $500 fine and restitution payments. He is scheduled to be arraigned Aug. 28.

"I understand and share the strong emotional reaction to Forrest's death," District Attorney Bonnie Dumanis said in a statement. "However, (a misdemeanor is) the only appropriate charge for these facts. The law requires the District Attorney's Office to step back from emotion and follow the law."

Animal cruelty cases must involve intentional acts to rise to the level of a felony.

Police Chief William Lansdowne said Dumanis was "doing exactly what she was elected to do" while handling a "very difficult case."

Lansdowne said he had spoken with Hubka about the dog's death and described the officer, who is assigned to desk duty pending resolution of internal investigations and criminal court proceedings, as "very remorseful."

"I can tell you, from my point of view, Officer Hubka probably feels worse than anyone else," Lansdowne said from his office at downtown SDPD headquarters. "He lost a partner. He's taken full responsibility for it."

The chief declined to discuss what the department's in-house probe of the canine's death revealed, except to say that the officer had not been drinking.

Last week, City Attorney Michael Aguirre filed a civil lawsuit seeking in excess of $25,000 from Hubka. The city attorney accuses Hubka of "reckless and/or negligent acts" and seeks replacement costs for the canine and to train a new police dog.

Aguirre said police dogs cost about $7,000 and are insured for $50,000.

Lansdowne said he expected to decide within three weeks what disciplinary action to mete out against Hubka for the dog's death, which could range from ordering him to undergo more training to termination.

"But I do not see this as a termination case," Lansdowne said. "He's got 21 years of exemplary service in the Police Department, and I clearly believe that this was a mistake."

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