A San Luis Obispo police officer involved in the shooting death of a dog has been placed on administrative leave — and the dog’s owners have filed a government claim for damages against the city that could lead to a lawsuit.
Officer Joshua Walsh was placed on administrative leave May 6, city attorney Christine Dietrick said.
Dietrick said in an email that the city’s “investigation into the dog shooting incident is complete, however we can’t share any details of a confidential personnel investigation.”
Disciplinary information from a personnel file is not permitted to be disclosed per state law, San Luis Obispo Police Chief Deanna Cantrell told The Tribune in a March email.
According to police, Walsh shot and killed a pit bull-boxer mix named Bubs on the morning of Sept. 26, 2019 on the 600 block of Santa Rosa Street, a half-block away from the city’s police station.
Walsh fired three times at the animal, striking him twice, while responding to a report of a potential burglary, police said. Walsh shot the dog on the driveway of the apartment where the dog’s owners, Nick Regalia and Riley Manford, lived.
Manford, who witnessed the incident, said Monday in an email that Bubs moved toward the officer to be protective but not to attack, after she told officers they were fixing a window and no burglary was taking place.
Walsh returned to patrol duty on April 13 preceding his placement May 6 on administrative leave, said San Luis Obispo Police Capt. Jeff Smith.
“Officer Walsh was working, but not on patrol (prior to April 13), pending resolution of (the personnel investigation), after which he returned to patrol,” Dietrick said.
Walsh earns an annual salary of around $109,000, according to city officials.
Riley Manford and her boyfriend Nick Regalia talked in September about how their dog Bubbs was shot outside their rental home on the 600 block of Santa Rosa Street in San Luis Obispo. Laura Dickinson ldickinson@thetribunenews.com
Dog owners file claim against city of SLO
Manford and Regalia, who jointly cared for the dog, have filed a government claim against the city, and plan to file a lawsuit if the claim is denied, according to procedure, Regalia said Monday.
The claim seeks damages for mental distress and post-traumatic stress suffered by Regalia and Manford; loss of wages and impairment of earning capacity; property damage in the loss of the dog and other expenses.
Manford and Regalia are also calling for Walsh’s termination.
“He should have been terminated months ago,” Regalia said. “My serious concern now is what negligent act will Officer Walsh will commit next. Therein lies the problem. What does he have to do next to finally address the issue that Walsh should no longer be on the force?”
Regalia added that he’s scraping by financially while Walsh is at home “making $100,000 a year.”
“Meanwhile I’m stuck paying $10,000 in hospital bills that Walsh inflicted on my dog,” said Regalia, who said he sought emergency veterinary care for Bubs after the shooting.
Manford said in an email that a bullet could have ricocheted and hurt someone in the neighborhood.
Nick Regalia leads chants in January as a group of residents gathered on Monterey Street in front of the Courthouse protesting recent actions by SLOPD including the fatal shooting of Bubbers, couple Nick Regalia and Riley Manafort’s dog, in September. They called on the city to release officer body camera footage of the incident. David Middlecamp dmiddlecamp@thetribunenews.com
Dog shot, killed outside home
According to the government claim, submitted by attorney James McKiernan, Manford and Regalia stated they were working on a broken window outside the residence when Bubs began to bark.
Manford went outside after the dog to find two police officers positioned on the driveway.
Manford advised the officer no burglary had taken place and that she was fixing a window on site, the claim notes.
“Officer Walsh says to Riley in an aggressive manner, ‘Come and get your f------ dog,’ ... ’get your dog,’” the claim states. “Riley tells Officer Walsh, ‘Put the gun down and I will get my dog.’ ”
Manford stated in the claim that she was afraid because she would need to be between Bubs and Walsh in order to grab the dog.
“Officer Walsh again tells Riley to ‘get the dog away,’ but before giving Riley the chance to do so, Officer Walsh shoots at Bubs and kills Bubs,” the claim states.
Nick Regalia and his dog Bubs.
Did Bubs charge police officer?
Smith previously said the “dog was charging at the officer when he shot him.”
“I know that Officer Walsh was giving the owner commands, saying to ‘control your dog’ and ‘get it on the leash” when at some point the dog turned towards Josh and charged,” Smith said.
Manford previously told The Tribune her dog didn’t charge or lunge at Walsh. The claim doesn’t address that point specifically in the “circumstances of the incident” section.
Asked about the dog’s reaction Monday, Manford said Bubs was moving toward Walsh to lead him out of the driveway.
“Bubbers was cool with his partner and then Walsh started getting all hyphy,” Manford said, using the dog’s nickname.
According to Manford, Bubs could sense the tension and started guiding Walsh out of the driveway, jumping up and barking in a protective manner. Bubs “wasn’t attacking,” she added.
The dog Bubs, owned by Nick Regalia and Riley Manford, died after being shot by a San Luis Obispo police officer responding to a burglary report in September. Manford said they were fixing a window. Courtesy of Nick Regalia
The city has denied formal requests for the release of the officers’ body camera footage, citing state laws about releasing body cam videos.
San Luis Obispo officials repeatedly have said they don’t want to set a precedent of releasing body cam video that isn’t required, because of privacy concerns involving witnesses in criminal incidents.
The city’s claims administrator is currently considering a government claim for damages filed by Manford and Regalia, Dietrick said.
“This was a traumatic situation for all parties involved,” Smith wrote in an email in January. “Officers never want to respond to a call for service and take any life, including the life of a family pet.
“A member of the police department has met with the owners of the dog and provided them with a timeline for the internal investigation as well as steps the police department has taken to mitigate future incidents.”