posted 03-17-2004 08:28 AM         

01:00 AM EST on Wednesday, March 17, 2004

BY JOHN CASTELLUCCI
Journal Staff Writer

PAWTUCKET -- Despite a public outcry, police officials said yesterday that the fatal shooting of a dog by a police officer in the home and the presence of the dog's owners was justified because the officer thought he was being attacked.

Police Officer Joel T. Saccoccio said he heard one of the dog's owners say "No, not that way!" and then saw a black and white dog that appeared to be a pit bull coming around the corner of the room he was searching.

Saccoccio, 29, who has been a Pawtucket police officer for three years, said he backed into a corner of the room as the dog came toward him and picked up the pace.

"Fearing for my safety, I drew my firearm and aimed it at the dog," Saccoccio said in a police report. "When the dog was close enough to attack me I fired two rounds at the dog and immediately stopped it."

Roxanne, a 13-year-old mixed-breed terrier belonging to John and Anita Russell, was shot Monday as police searched the Russells' apartment at 71 Lyon St. for John's younger brother James, who was wanted on a couple of warrants.

The shooting provoked concern and outrage because of the age of the dog and the circumstances under which it was killed.

Dr. Ernest J. Finocchio, director of the Society for the Prevention of Cruelty to Animals, said he thought "a mistake may have been made," in the split second that Saccoccio had to make a decision.

"I feel bad for the policeman. I feel bad for the dog. I feel bad for the family," he said.

Dennis Tabella, director of Defenders of Animals, called the shooting a "terrible tragedy" and demanded an investigation by the Pawtucket City Council into the procedures used by the Pawtucket police officers to subdue animals.

"The Police Department cannot be allowed to walk into someone's house and get away with blowing a family pet away when there is no direct threat [of] bodily harm," Tabella said.

But both Police Chief George L. Kelley III and Detective Lt. John Clarkson, the police department spokesman, said they had reviewed the episode and concluded that Saccoccio's use of force was justified.

Clarkson said Rhode Island law permits the use of deadly force when a police officer is in fear of bodily harm.

Although, as with any discharge of a firearm, the shooting will be internally reviewed by a three-member police panel, Clarkson and Kelley both said they were satisfied that Saccoccio perceived a threat and responded appropriately.

"On its face, from me looking at it, it appears that he was acting properly," Clarkson said.

In the police report, Saccoccio quoted Anita Russell as saying, "Just let me put my dogs away. One might bite," when she and her husband consented to the search of their apartment Monday.

Roxanne and a younger, more energetic dog were placed in the bedroom while Saccoccio and Police Officer Manny F. Maciel searched the apartment. When the police officers said they wanted to search the bedroom, Capt. John Seebeck was summoned to the apartment and arranged to have the dogs removed.

"While this was occurring, I was in front of the apartment and out of the line of sight of the room where the dogs were," Saccoccio said in the police report.

It was then that he heard Anita Russell say, "No, not that way!" Roxanne approached him and he opened fire, he said.

"The rounds were fired in a safe downward direction and at no time put anyone else in danger," Saccoccio said.