State police investigating killing of Martinsville K9 by officer

MARTINSVILLE, Ind. — When the Martinsville Police Department was forced to put down its longtime beloved K9 Kimber last spring, literally the whole town turned out for a procession as the dog was delivered to a local veterinary office.

Later on, officers sold t-shirts with Kimber’s likeness to benefit their department’s K9 program.

Kimber’s replacement was a rescue golden retriever named Sunny who, unfortunately, was apparently an ill fit for Martinsville police work.

Police Chief Rick Lang told FOX59/CBS4 that from the start, Sunny’s handler — Patrol Officer Michelle Weaver — reported the dog exhibited aggressive behavior, first toward a child and later toward another animal.

While the department considered its options on fostering the dog out or returning it to its originating agency, where it most certainly would have been euthanized, Weaver said Sunny attacked another privately owned dog, whereupon she fired two gunshots and killed Sunny.

Weaver reported the incident immediately to her supervisor on June 14 and buried the dog on an undetermined piece of land where, presumably, it remains today.

Lang said he has spent the last six weeks determining whether Weaver’s actions should be reviewed as strictly an internal administrative issue or whether the case should be investigated for potential criminal charges.

Today, after consultations with Morgan County Prosecutor Steve Sonnega, Lang told FOX59/CBS4 that he has referred the case to the Bloomington Post of the Indiana State Police for a potential criminal investigation.

Meanwhile, Weaver faces internal disciplinary charges and has been placed on paid administrative leave.

”As long as you recruit from the human race, you’re gonna have issues and so we’re addressing this and we’re gonna address it in a professional manner,” said the chief. ”We have standards that we have to meet and abide by, and so we’ll just let the investigation take us where it needs to go.”

Lang said he understands the emotional impact the death of an animal will unleash.

”They depend on us as I sometimes depend on them.”

According to Indiana Code 35-46-3-11, police K9 officers enjoy some of the same protections as human officers.

“Knowingly or intentionally striking, tormenting, injuring or otherwise mistreating a law enforcement animal, or interfering with its actions while assisting a law enforcement officer, is a crime.”

It is worth noting that Sunny, while being designated as the MPD K9, had not been put into service and was still in training at the time of its killing, nor was Sunny engaged in law enforcement actions.

“A Level 6 felony is applicable if the mistreatment results in serious permanent disfigurement, unconsciousness, permanent or protracted loss or impairment of a bodily member or organ, or death of the law enforcement animal.”

An Indianapolis man in 2020 was sentenced to six years in prison for the shooting death of a Fishers Police K9 during a police pursuit.