Don't Villainize the Victim

Letter to the City of Albany and to All Concerned Citizens:

The more I learn about the events surrounding the shooting death of (Bulb puppy) Amoré, the more I find the actions of the City of Albany and its police officers, that day, reprehensible.

There was only one officer on scene when Amoré was shot (not two officers, as the City claimed). The residents who were getting ready for Pee Walk, and who responded immediately upon hearing gunfire (directly outside their tent walls, no less), saw that the lone officer who had shot Amoré (yes, he was ALONE) was NOT wounded, as he was wearing short sleeves. The first words that officer said to them were: "I had to shoot him, he lunged at me."

And, even though the officer who shot Amoré was the only EYEwitness to the events, the person who was within EARshot, heard the officer call out "Get your dog! Get your dog!", only AFTER he had shot Amoré (rapid-fire, several times), "critically injuring" him. The officer didn't say anything, BEFORE shots were fired (as Nicole Almaguer implied in her statement to Albany Patch).

Then, minutes later, the second officer (the detective, who was wearing a coat, and who also had NO damage to his clothing) arrived with a shotgun in his hands, AFTER Amoré had been shot and "critically injured". By the time the detective arrived, Amoré was far too wounded to have "managed to get a bite on" him.
In fact, a Bulb resident was conversing with the detective, at the front of the Landfill, at the same time as Amoré was being shot.

The outright lies, in the City's statement (and the changing statements released, by the City, that same day), are a cause for concern, to more people than just Bulb residents.

And the public outcry has only just begun.

"Homeless" people are people, too.
And, if you believe that "dogs are people, too", then the dog of a "homeless" person, is no less.

This does NOT end here!!!
Amoré was a good boy.
Hopefully, he did not die in vain.

If a mistake happened, and had been acknowledged as such, everyone out here agrees that it would have been unfortunate, but that we could have accepted it.
But, from the moment that an officer came to the door, trying to TELL the residents, what THEY actually SAW, all understanding was lost.

Every witness is willing to give a sworn statement of their account of that morning's events. But, unfortunately, none of them currently trust the Albany police to actually do anything positive with that information.

I took the time, to compare the City of Albany's Municipal Code (regarding dogs which constitute a public nuisance) with the statement from the City in response to questions from Patch, regarding the shooting death of Amoré (a puppy, that belonged to an Albany Bulb resident, who, granted, was not in proper proximity, at the time of the shooting), and compared the two, using the definitions from the California Law that applies to "Potentially Dangerous and Vicious Dogs".

Amoré was not perceivable, by any reasonable person, as an "animal which disturbs the peace and comfort of the inhabitants of the neighborhood in which such animal is kept" considering the fact that, at the time he was killed, he was IN "the neighborhood in which" he was "kept". Nor, could he have been deemed an animal that "interferes with any person in the enjoyment of life or property or creates a risk of injury to life or property." (And, don't give me (or any other person who EVER knew him) that BS about how Amoré "lunged at", let alone "bit" somebody.)

Even if there was a conclusion that Amoré was a "nuisance":That "nuisance" would have had to have been "of a continuing nature, and if no person owning or having custody of the animal is present", then (at most) the officer would have had the legal right to "summarily abate the nuisance in a reasonable and humane manner." The key words there, being "reasonable" and "humane".

And, then "If the nuisance cannot be abated in any other manner, the animal may be destroyed in the absence of other means of restraint." "Any domestic animal found at-large within City limits shall be impounded." That's "impounded", not "critically injured", and not killed.


"Vicious Animal" is a specific designation. One ought to learn that definition, BEFORE one uses it to justify the killing of a puppy.

"31603. 'Vicious dog, means any of the following: (a) Any dog seized under Section 599aa of the Penal Code and upon the sustaining of a conviction of the owner or keeper under subdivision (a) of Section 597.5 of the Penal Code.
(b) Any dog which, when unprovoked, in an aggressive manner, inflicts severe injury on or kills a human being.
(c) Any dog previously determined to be and currently listed as a potentially dangerous dog which, after its owner or keeper has been notified of this determination, continues the behavior described in Section 31602 or is maintained in violation of Section 31641, 31642, or 31643.

31604. 'Severe injury' means any physical injury to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or corrective or cosmetic surgery."

Back to the Albany Municipal Code:
"The guardian/owner of any dog found to have bitten a person without justification shall be assessed a penalty in accordance with the Master Fee Schedule and the animal will be reclassified as a dangerous animal."

To call a dog "vicious", is to presume something that must be proven. And, for which, there is a judicial process. To presume, on sight or based on hearsay, is equivalent to calling a woman "pregnant", based solely on her appearance, or someone else's judgement of her appearance. Without proof, neither statement can be held as true.


The day after Amoré's death, numerous dog walkers were proposing the circulation of a petition, addressed to the City, in reaction to Amoré's killing.

With the (lack of) response that I have received from the city, with regards to my repeated requests for some answers and/or accountability about the issue of Amoré's untimely death, I am starting to think that a petition may be the only way to illicit a meaningful change in this town, if such a change is even possible

The residents and dog walkers who enjoy the Albany Bulb are not the only people in Albany who love their four-legged family members. Please consider that, when deciding whether (or not) to seek out training on how to handle off-leash dogs (regardless of the situation) in a NON-LETHAL manner, for the officers of the Albany Police Department.

If we cannot get any answers without first acquiring the police report and/or "bite report" (which, one would hope, would include pictures of the purported "bite"), then perhaps a petition is the only way to go. 

I refuse, however, to just sit idly by, and let the City's statement that "two apparently vicious dogs" "moved to attack the officers, with one dog managing to get a bite on one of the officer’s arms." stand as the "official" account of what happened, and the justification for the killing of a puppy.

I cannot imagine how I would feel, if my puppy, Derby (Amoré's sister and litter mate), were to be gunned down, unnecessarily, just because the officer had not been trained to handle dogs without resorting to lethal force, and because we have yet to fully break her of her terrible habit of jumping up on people to greet them.

In order to prevent such mistakes from happening in the future, I implore you: PLEASE, respond to my repeated requests for the City of Albany to get some training for its police officers, in order to prevent future tragedies, from occurring.

Albany is lucky in that their police force has relatively few officers. It should not be too hard to find, and enlist the services of, someone who can impart our city's police officers with the knowledge needed, in order for them to respond more appropriately, to such situations, in the future.

Thank you,
Amber Whitson
Albany resident since 2006
Former member, Albany Homeless Task Force
Current member, HTF2
CFO, Albany Housing Advocates