Augusta police have exonerated the officer who shot and killed Army veteran Alan Fitzgerald’s service dog Midnite on Thursday afternoon
Augusta Public Safety Director Tyler Brewer said the officer shot Midnite as he was “flying through the air” towards the animal control officer.
Witness accounts that don’t match the police narrative have been dismissed
The Wichita Eagle released an article where Brewer was allowed to push his narrative
On Thursday afternoon, a police officer in Augusta, Kansas shot and killed Army veteran Alan Fitzgerald’s service dog Midnite after they had received a call about a dog fight on another property.
Earlier in the day Midnite had ran down the street and frightened a smaller dog. Fitzgerald believes Midnite, who lived with a small dog, was only trying to play.
When Fitzgerald grabbed Midnite, he claims to have asked the woman if her dog was okay, to which she responded that her dog was fine. There are no reports of the smaller dog sustaining any injuries from Midnite. Still, after the incident the neighbor decided to call police.
Multiple neighbors who witnessed the shooting claim to have seen Officer Devon Keith enter Fitzgerald’s home, without permission, at which point he got into a confrontation with Midnite.
Neither Fitzgerald or his mother were in the front of the residence when the shooting happened. Multiple witnesses say they saw Keith kick Midnite multiple times before finally shooting the German Sheperd.
Despite witness accounts, the officer who shot Midnite has been exonerated because he feared for his life. Augusta Public Safety Director Tyler Brewer has been doing everything in his power to make sure the police narrative is what is heard.
The Wichita Eagle released an article so biased towards the police narrative that Brewer might as well written it. It is common for local media outlets to side with police in the area, as they deal with them so frequently. It is something we have witnessed happen time and time again all over the country.
In this case, Brewer’s account of how the shooting played out just does not seem to add up. Here are just a few of the problems we have found.
In the article, Brewer continues to push the story that Midnite came “blasting up” and hit the glass door. Midnite charged the door a second time, which broke the latch loose.
Midnite was a 4-year-old 85 lbs. German Shepherd. Surely the glass door that he was “blasting up” against would have suffered some damage from Midnite charging so hard it resulted in “breaking the latch loose.”
TDH requested Fitzgerald send us pictures of his door. This is how the door currently looks after Midnite allegedly broke through it just two days ago.
We went to the Fitzgerald residence just hours after the shooting. Our entire time there, the front door was open and the glass door was closed, just as it was earlier in the afternoon. We entered and exited through the door with no problem what-so-ever. There was no apparent damage to the door, or the latch.
After busting through the glass door Midnite allegedly charged at the animal control officer, causing him to fall backward on the porch and hit his head. Amazingly, the officer managed to shoot Midnite as he was “flying through the air” towards the animal control officer.
Again, physical evidence shows Brewer’s narrative to be not impossible, but highly improbable. The Fitzgerald’s do not have a large porch. Below are pictures of Fitzgerald’s porch. The pictures give an idea of the porch’s size and how hard it would be to fall backward on it, not to mention shoot a dog lunging off of it in midair.
Multiple neighbors claim to have seen Keith open the glass door and enter the house. Witnesses claim he was then seen kicking and struggling with the dog. Brewer claims to have witnesses contradicted that account, yet there is no information on who these witnesses are.
Fitzgerald’s neighbor told TDH that they did not even get to give their statements to an officer. They were not interviewed, and instead told to give written statements that were later dismissed for reasons unknown.
Brewer also claims there was evidence at the scene that corroborated the officers’ account, but still did not go into any detail on what evidence that could be.
Brewer goes on to say that Midnite attacked Fitzgerald’s teenage nephew at El Dorado Lake and “ripped his face up good.” Midnite was rescued by Fitzgerald and had been abused by a previous owner. The attack happened long before Midnite had went through training classes. If it was a serious issue, something would have been dealt with at the time of the attack.
Investigators were able to confirm Midnite’s service dog training through Family Dog Training and Behavioral Center in Valley Center, Kansas. Brewer pointed out that the trainer said Midnite was “an alpha male,” “territorial” and “very protective.” However, he conveniently left out that the training center told KAKE ABC that Midnite had “passed all necessary tests and did not show any aggression.” His trainer said “Midnite was a German Shepherd, it’s not uncommon for them to protect their home.”
The animal control officer took off work on Friday due to a “splitting headache,” Brewer said. He went on to say that the officer “feels horrible” an couldn’t sleep because “all he could see is that dog in mid-air” lunging at the animal control officer.
TDH spoke to Fitzgerald on Saturday who has not been able to sleep since the officer shot his dog in cold blood on Thursday afternoon. Fitzgerald is an Army veteran who lives with anxiety and PTSD. Since he got Midnite he has not had any episodes. Fitzgerald is now forced to find an entirely new crutch to help get him through every day life due to the actions of one officer from the Augusta Police Department.